Effect given to the recommendations of the committee and the Governing Body - Report No 308, November 1997

Case No 1719 (Nicaragua) - Complaint date: 06-JUN-93 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 48. The Committee examined this case at its June 1996 meeting (see 304th Report, paras. 395-416), at which it appealed to the Government, with a view to encouraging a return to harmonious industrial relations, to endeavour to facilitate the reinstatement in their jobs of the UNE union leaders and members dismissed in the customs sector. In addition, with regard to the judicial appeals lodged by the workers dismissed from the San Pablo plantation and Amerrisque abattoir and the expulsion of the Secretary-General of ANDEN from the National Council of Education, the Committee firmly expected that the judicial authorities would hand down their decision as soon as possible.
2. 49. In a communication of May 1997, the National Union of Employees (UNE) states that the Government neither recognizes nor is willing to accept the Committee's recommendation concerning the reinstatement in their jobs of the trade union leaders and members of the UNE dismissed in the customs sector.
3. 50. In a communication dated 22 July 1997, the Government states in this respect that, according to the record of the administrative proceedings in the Ministry of Labour, the customs workers launched a strike in 1993 because the trade union leaders refused to negotiate with the General Directorate of Customs on the list of demands under the collective agreement and that the trade union leadership should assume its responsibility to its members, especially when the employer's side was willing to bargain. All of this was noted during an inspection at the scene, with the result that the employer consented to resume bargaining and the workers called off the strike. The workers (the trade union) were informed of this but did not respond. The General Labour Inspectorate subsequently decided, at the employer's request, to declare the strike illegal for failing to comply with the provisions of section 224 of the Labour Code. An appeal was lodged against this decision with the General Director of Labour, who, after reviewing the record, upheld the decision handed down by the General Labour Inspector, and as a consequence an official communication was issued to the executive authorities requesting them to safeguard the public order, since violent acts disrupting the public order and violations of the Penal Code had been committed. The administration of the General Directorate of Customs then requested the Departmental Labour Inspectorate to authorize it to dismiss ten trade union leaders in the customs sector for purloining documents and tampering with their contents, signatures and stamps. The proceedings were duly carried out and it was ascertained in addition that six of the ten trade union leaders no longer had legal capacity, as it had expired, so that the request for authorization to dismiss nine of the ten workers was granted. It should be pointed out that the violations of labour law committed by these trade union leaders were as follows: lack of integrity and immoral conduct at work, which was also confirmed on the grounds that had been verified and noted by the Ministry of Labour (absence of legal capacity). By Decision No. 44 dated 2 June 1994 (a duly certified copy of which was attached), the Supreme Court of Justice turned down the appeal for amparo (protection under constitutional provisions) lodged by the trade union leaders in the customs sector, finding that the Constitution recognizes the right to strike on the understanding that it is regulated by section 222 and other provisions of the Labour Code. However, a specific procedure has been laid down for the exercise of the right to strike, which must take place in conformity with the law. The Government adds that acts had been committed giving rise to unusual situations, for example the electricity had been cut off, home-made bombs had been set off, the circuit breakers of the lighting system had been sabotaged, customs officials' vehicles damaged and physical attacks had been perpetrated. The dangerous acts and abuses committed during the customs workers' strike were against the interests of society and the Government itself, and despite this harmonious labour relations had been restored with most of the workers, facilitating their return to work. The evidence which prompted the Ministry of Labour to authorize the dismissal of the trade union leaders, i.e. nine out of ten of the dismissals requested by the employer, was entirely clear. There had been no serious risk of abuse or serious prejudice to freedom of association, since no mass dismissals had taken place, the only requests for termination of the contract of employment by the employer on record being those mentioned above. Harmonious labour relations prevailed in the country's customs sector, since the strike was not really motivated by social demands and it was made clear that the trade union organization had been recognized by the representatives of the General Directorate of Customs. Negotiations of the collective agreement were currently under way and the Secretary-General of the trade union had stated that there was labour stability and good employer/employee relations.
4. 51. In addition, in a communication of 6 October 1997, the Government states that: (1) regarding the pending legal proceedings relating to the dismissals at the San Pablo plantation, the workers' legal adviser presenting the case indicated that the matter has been abandoned since those involved decided to work in Costa Rica and discontinued the proceedings; and (2) regarding the legal proceedings concerning the dismissal of the workers at the Amerrisque abattoir, in conformity with the judicial decision, the employer made a settlement payment to 111 workers, who expressly renounced all rights to take further legal action. As a result, the employer cancelled the salary and gave them their compensatory payment.
5. 52. The Committee notes the information communicated by the Government regarding the dismissal of the trade union leaders and members of the UNE, in particular its statement to the effect that there are now harmonious industrial relations in the customs sector. The Committee observes that a total of nine dismissals took place and considers that since they date back to 1993, reinstatement does not appear to be feasible. As regards the judicial appeals lodged by the workers dismissed from the San Pablo plantation and Amerrisque abattoir, the Committee notes the information submitted by the Government. Finally, regarding the legal proceeding with respect to the expulsion of the Secretary-General of ANDEN from the National Council of Education, as the Government has not communicated any information concerning the outcome of the proceedings, the Committee firmly expects that the judicial authorities will hand down their decision as soon as possible.