Definitive Report - Report No 306, March 1997

Case No 1901 (Costa Rica) - Complaint date: 02-SEP-96 - Closed

Allegations: Attempt to revoke the union authorization of a trade union leader

1. 362. The complaint is presented in a communication from the National Medical Union (UMN) dated 2 September 1996. The Government sent its observations in a communication dated 7 January 1997.
2. 363. Costa Rica 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. The complainant's allegations

1. 364. In its communication dated 2 September 1996, the National Medical Union (UMN) alleges that Dr. Rafael Rojas Rímolo, a member of the UMN board, has been subjected to retaliatory measures and anti-union persecution. More specifically, the complainant organization alleges that the Executive Committee of the Costa Rican Social Security Fund ordered an investigation so that the union authorization enjoyed by Dr. Rojas Rímolo since 1993 by virtue of section 32 of the "conciliation arrangement" between the National Medical Union and the Costa Rican Social Security Fund be revoked. Dr. Rojas Rímolo is expected to return the salary he was paid during the period that the Fund granted him the authorization.

B. The Government's reply

1. 365. In its communication dated 7 January 1997 the Government categorically denies any retaliatory action having been taken against Dr. Rafael Rojas Rímolo. The Government explains that the Internal Audit of the Costa Rican Social Security Fund, a body accountable to the office of the General Treasury Inspector of the Republic, had discovered that an authorization including wage entitlements had been irregularly granted to Dr. Rojas Rímolo (this point came out during the interpretation of a Constitutional Chamber judgement relating to arbitral awards in the public sector) and had made the corresponding recommendations to rectify the situation. The administrative investigation resulted in a favourable decision for Dr. Rojas Rímolo which demonstrates, once again, the absolute transparency of the procedure and utmost respect for national procedures and legislation. A resolution dated 24 October 1996, issued by the Executive Committee of the Costa Rican Social Security Fund, ordered that the administrative record of Dr. Rojas Rímolo's case be filed, since it was concluded that he had not acted in bad faith. As clearly proven, there is not and has not been any anti-union persecution against Dr. Rojas Rímolo, nor was the authorization granted revoked, nor were proceedings instituted for him to return the monies received during the validity of the authorization.
2. 366. The Government regrets that the complainant organization lodged an appeal with the Committee on Freedom of Association, prior even to the administrative procedure being concluded and its result known.

C. The Committee's conclusion

1. 367. The Committee notes that the administrative record relating to the trade union leader Mr. Rafael Rojas Rímolo has been filed, and that his union authorization was not revoked and proceedings were not instituted for him to return the monies received during the validity of said authorization.

The Committee's recommendations

1. 368. In the light of its foregoing conclusions, the Committee invites the Governing Body to decide that this case does not call for further examination.