Report in which the committee requests to be kept informed of development - Report No 300, November 1995

Case No 1744 (Argentina) - Complaint date: 25-NOV-93 - Closed

Allegations: Anti-union discrimination and deduction of trade union dues

1. 91. The complaint in this case is contained in a communication from the Confederation of Education Workers (CTERA), dated 25 November 1993. Subsequently, the CTERA sent additional information in a communication in January 1994. The Government sent its observations in a communication dated 3 July 1995.
2. 92. Argentina has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 93. In its communications of 25 November 1993 and January 1994, the Confederation of Education Workers (CTERA) alleges that the Executive of the Province of La Rioja refused to grant a trade union leave of absence to Messrs. Rogelio de Leonardis and Roberto Nieto, the Secretary-General and the Trade Union Secretary respectively of the Association of Schoolteachers of the Province of La Rioja (AMP). The complainant organization adds that the trade union officials refused to do so. They once again demanded that their trade union leave of absence be granted, but the authorities disregarded their right and dismissed them, without taking into consideration the unanimous opinion of the disciplinary board of the province (a tripartite and autonomous body of the Provincial Council of Education) that the dismissal was contrary to their inalienable right to automatic leave of absence as trade union officials.
2. 94. Similarly, the complainant organization alleges that the Government of the Province of La Rioja did not transfer the trade union dues deducted from the members of the Association of Schoolteachers, and in the same way decided not to deduct any further trade union dues from October 1993, even though the education workers had given their express consent to such deductions.

B. The Government's reply

1. 95. In its communication of 3 July 1995, the Government states that in a resolution issued in October 1994, the Minister of Education and Culture of the Province of La Rioja ordered "the reinstatement in their posts, from 24 February 1993, of Messrs. Rogelio de Leonardis and Roberto Oscar Nieto" and the payment of outstanding salaries due (the Government encloses a copy of the said ministerial resolution).

C. The Committee's conclusions

1. 96. The Committee observes that the allegations made in this case refer to the dismissal of two trade union officials of the Association of Schoolteachers of the Province of La Rioja, as well as the failure to transfer to the trade union organization the trade union dues deducted by the authorities and the subsequent decision not to deduct any more trade union dues.
2. 97. As regards the allegation concerning the dismissal of the trade union officials of the Association of Schoolteachers of the Province of La Rioja, Messrs. Rogelio de Leonardis and Roberto Oscar Nieto, for having made use of trade union leave of absence, the Committee notes with interest the Government of the province has ordered their reinstatement in their workplaces and the payment of their outstanding salaries due. Furthermore, the Committee expresses the firm expectation that the Government will take the necessary measures to ensure that in future the authorities do not obstruct the legal exercise of trade union leave of absence.
3. 98. As regards the allegation concerning the failure to transfer to the Association of Schoolteachers of the Province of La Rioja the trade union dues deducted by the authorities of the province, the Committee regrets that the Government has not communicated its observations in this respect. The Committee therefore requests the Government, if these allegations are true, to take the necessary steps immediately to ensure that the Government of the Province of La Rioja transfers forthwith to the trade union organization in question the dues deducted from the trade union members. The Committee requests the Government to keep it informed in this respect.
4. 99. Furthermore, as regards the allegation concerning the decision of the authorities of the province to stop deducting trade union dues from October 1993, despite the express consent by the workers, the Committee regrets that the Government has not sent its observations in this respect and recalls that "the deduction of trade union dues by employers and their transfer to trade unions is a matter which should be dealt with through collective bargaining between employers and all trade unions" (see 287th Report, Case No. 1683 (Russian Federation), para. 388). In these circumstances, the Committee encourages the parties to negotiate with a view to reaching an agreement in this respect.

The Committee's recommendations

1. 100. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee expresses the firm expectation that the Government will take the necessary measures to ensure that in future the authorities do not obstruct the legal exercise of trade union leave of absence.
   • (b) As regards the allegation concerning the failure to transfer to the Association of Schoolteachers of the Province of La Rioja the trade union dues deducted by the authorities of the province, the Committee requests the Government, if these allegations are true, to take the necessary steps immediately to ensure that the Government of the Province of La Rioja transfers forthwith to the trade union organization in question the dues deducted from the trade union members. The Committee requests the Government to keep it informed in this respect.
   • (c) Recalling that the deduction of trade union dues and their transfer to trade unions is a matter which should be dealt with through collective bargaining between employers and all trade unions, the Committee encourages the parties to negotiate with a view to reaching an agreement in this respect.