Report in which the committee requests to be kept informed of development - Report No 307, June 1997

Case No 1823 (Guatemala) - Complaint date: 17-FEB-95 - Closed

Allegations: Refusal to grant legal personality to a trade union in the process of establishment and acts of anti-union discrimination

1. 294. The Committee examined this case at its November 1995 and March 1996 meetings presenting on both occasions an interim report to the Governing Body (see 300th Report, paras. 428-441, and 302nd Report, paras. 440-446, approved by the Governing Body at its 264th and 265th Sessions respectively (November 1995 and March 1996)). The Government subsequently sent observations in communications dated 13 and 27 September, 7 October and 5 November 1996.
2. 295. Guatemala has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 296. When the Committee examined this case at its March 1996 meeting, the following allegations remained pending: refusal to grant legal personality and approve the by-laws of the Trade Union of Workers of the General Labour Inspectorate (STIGT), dismissal of two members (Ms. Sandra Elizabeth Barrera and Ms. Maldivia Dioderet Barrera) and the change in the functions of 18 inspectors who were founding members of the trade union. The Committee made the following recommendations (see 302nd Report, para. 446):
   • (a) Deeply regretting the Government's continuing negative response to its request, the Committee once more urges the Government to grant legal personality immediately to the Trade Union of Workers of the General Labour Inspectorate.
   • (b) The Committee once more requests the Government to indicate the reasons why the two trade union members (Ms. Sandra Elizabeth Barrera and Ms. Maldivia Dioderet Barrera) renounced legal protection against their removal from office.
   • (c) As regards the change in functions of 18 inspectors who were founder members of the trade union, bearing in mind that there is substantial evidence that this was an act of anti-union discrimination, the Committee requests the Government once again, in consultation with the 18 inspectors, to revoke the change in their functions and to keep it informed of any measures taken in this respect.

B. The Government's reply

1. 297. In communications dated 13 and 17 September, 7 October and 5 November 1996, the Government declares that, in resolutions dated 18 June and 29 August 1996, the Ministry of Labour and Social Security once again denied the Trade Union of Workers of the General Labour Inspectorate legal personality. The Government adds that the union representatives have requested an audience with the new Minister of Labour in an attempt to put an end to the conflict. With respect to the reasons why the two members of the trade union renounced legal protection against their removal from office, the Government declares that Ms. Sandra Elizabeth Barrera denied belonging to the trade union which was being established and that her employment relationship ended on 23 December 1994 (she currently works for a public entity). Attempts are still being made to contact Ms. Maldivia Dioderet Barrera.

C. The Committee's conclusions

1. 298. As concerns the refusal to grant legal personality and to approve the by-laws of the Trade Union of Workers of the General Labour Inspectorate (STIGT), the Committee notes the Government's reply and observes that it has still not granted legal personality to the trade union. Given this fact, the Committee once more emphasizes that the denial of the right to organize of workers in the labour inspectorate by the Director-General of Labour constitutes a violation of Article 2 of Convention No. 87, ratified by Guatemala, which states that "workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization". The Committee profoundly deplores the Government's continuing negative response to its requests in this case and once more urges the Government to grant legal personality immediately to the Trade Union of Workers of the General Labour Inspectorate. The Committee requests the Government to keep it informed of any measures it might take in this regard.
2. 299. Turning to why the two STIGT members renounced legal protection against their dismissal, the Committee notes that Ms. Sandra Elizabeth Barrera denied her membership of the STIGT and went to work in a public institution, and also that the Government is still attempting to contact the second person concerned (Ms. Maldivia Dioderet Barrera). The Committee requests the Government to investigate why Ms. Maldivia Dioderet Barrera renounced legal protection against her dismissal, and if it is found that her dismissal was the result of anti-union pressure, it requests that measures be taken to reinstate her in her job. The Committee requests the Government to keep it informed in this regard.
3. 300. As regards the change in the functions of 18 inspectors who were founding members of the trade union, the Committee deplores the fact that the Government has not replied to its previous requests, and asks it once again, in consultation with the 18 inspectors concerned, to revoke the change in their functions. The Committee requests the Government to keep it informed in this regard.

The Committee's recommendations

1. 301. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Profoundly deploring the Government's continuing negative attitude to its recommendations in this case, the Committee once again urges the Government to immediately grant legal personality to the Trade Union of Workers of the General Labour Inspectorate (STIGT). The Committee requests the Government to keep it informed of any measures it might take in this regard.
   • (b) The Committee requests the Government to investigate why Ms. Maldivia Dioderet Barrera, a member of the STIGT, renounced legal protection against her dismissal, and if it is found that her dismissal was the result of anti-union pressure it requests that measures be taken to reinstate her in her position. The Committee requests the Government to keep it informed in this regard.
   • (c) As regards the change in functions of 18 inspectors who were founding members of the trade union, the Committee requests the Government once again, in consultation with the 18 inspectors, to revoke the change in their functions. The Committee requests the Government to keep it informed in this regard.