Report in which the committee requests to be kept informed of development - Report No 309, March 1998

Case No 1936 (Guatemala) - Complaint date: 30-MAY-97 - Closed

Allegations: Acts of anti-union discrimination in the collective bargaining process

1. 262. The complaint is contained in communications from the Trade Union of Workers of the National Electrification Institute dated 30 May and August 1997.
2. 263. The Government sent its observations in a communication dated 28 January 1998.
3. 264. 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. The complainant's allegations

1. 265. In its communications dated 30 May and August 1997, the Trade Union of Workers of the National Electrification Institute (STINDE) alleges that following its and the Institute's denunciation of their collective agreement in April 1997, and before a new collective agreement had been negotiated, the manager of the Institute closed the joint committee (where labour disputes are examined) and refused time off for trade union activities to the leaders of the union's 23 affiliates and to the members who were to participate in two general assemblies. The STINDE indicates, however, that in accordance with the Labour Code, as long as a new collective agreement has not been negotiated the rights assigned in the previous agreement remain intact.
2. 266. Similarly, the STINDE alleges that the Institute's management began dismissal procedures against the trade union officials Luis Chinchilla, Walter Clara, Arturo López Cárdenas and Carlos Sierra. In addition, the Institute has lodged a complaint against eight STINDE officials accusing them of environmental contamination, contempt and threats. Furthermore, the trade union submitted a complaint against the Institute's manager for environmental damage and drug-related activities.

B. The Government's reply

1. 267. In its communication dated 28 January 1998, the Government confirms that there had been a problem relating to the application of the collective agreement on working conditions, which caused strains in relations between the workers and the authorities of the National Electrification Institute (INDE). Once the Ministry of Labour became aware of the problem, it intervened in an attempt to reconcile the parties, with ongoing communication being maintained between the Minister of Energy and Mining and representatives of the INDE and the STINDE.
2. 268. The Government adds that the efforts and the goodwill of the parties resulted in a satisfactory conclusion to the discussion and negotiations of the new collective agreement on working conditions. Thus the situation denounced has been satisfactorily resolved.
3. 269. The Government adds a copy of an official letter from the general manager of the INDE (who took up his duties in November 1997, following the presentation of the complaint) which, after confirming the negotiation of the new collective agreement, makes reference to the legal action taken by the Institute and the trade union, as follows:
   • In respect of the labour-related legal action taken by both the INDE and the STINDE, both have shown themselves willing to find appropriate ways to ensure that the application of the new collective agreement occurs in a climate of comprehension, harmony and mutual respect. As regards the legal action taken under the penal law, it should be made clear that this action is purely of an individual, rather than an institutional nature, it being up to the persons concerned to take the corresponding decisions. Given that the action is not institutional, the persons concerned have expressed their readiness and willingness for the procedures to be entirely withdrawn.

C. The Committee's conclusions

1. 270. The Committee observes that in this case the complainant has alleged that following the denunciation of the collective agreement between the complainant and the National Electrification Institute, the latter: (1) in violation of the provisions of the previous collective agreement, which were still valid, refused to issue trade union permits to union leaders and members and closed the joint committee (where labour disputes were examined); (2) began dismissal procedures against four trade union leaders and lodged a complaint against eight trade union leaders for environmental contamination, contempt and threats.
2. 271. The Committee notes that according to the Government the collective dispute was concluded with the negotiation of the new collective agreement, thus satisfactorily resolving the denounced situation. The Committee understands that the points that were settled relate to the trade union permits and the reopening of the joint committee. The Committee observes, however, that as far as the legal action relating to the dismissal of four trade union leaders and to the committing of penal offences (submitted by both the Institute and the trade union) is concerned, while the information provided by the Government reflects the will of the parties to seek ways of improving the framework of application of the new collective agreement (with reference to the industrial procedures relating to dismissals) and to their readiness and willingness for the criminal proceedings to be entirely withdrawn, it does not show conclusively that these issues have been resolved. The Committee therefore requests the Government -- in view of the current favourable industrial relations climate -- to confirm that all legal procedures and criminal proceedings have been withdrawn.

The Committee's recommendations

1. 272. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • The Committee requests the Government -- in view of the current favourable industrial relations climate -- to confirm that all legal procedures and criminal proceedings concerning the complainant and the National Electrification Institute have been withdrawn.