Report in which the committee requests to be kept informed of development - Report No 323, November 2000

Case No 1953 (Argentina) - Complaint date: 18-FEB-98 - Closed

Allegations: Acts of anti-union discrimination; revocation of a federation's registration in the registry of trade union associations

1. 113. The Committee examined this case most recently at its meeting in March 2000 and submitted an interim report (see 320th Report, paras. 98-122, approved by the Governing Body at its 277th Session (March 2000)). The Government sent its observations in communications dated 11 May and 10 August 2000.
2. 114. Argentina 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. 115. In its previous examination of the case, considering allegations relating to dismissals or transfers of trade union leaders and the revocation of the trade union registration of a federation, the Committee made the following recommendations (see 320th Report, para. 122):
   • - The Committee requests the Government to inform it of the final decision concerning the dismissal of the trade union leader, Mr. Marcelo Fabián Martín (reinstated for the time being under a protective measure).
   • - The Committee requests the Government to send its observations concerning the dismissal or transfer between 1992 and 1996 of the following trade union leaders from the province of Salta (some of whom were from the municipality of General Güemes), whose proceedings have not yet been concluded: Carlos Alberto Ibarra, Hugo Miguel Quispe, Rubén Antonio Saravia, Juana Isnardez de Ruiz, Reynaldo Eduardo Pistan, Ramona Escobar de Gutiérrez, Juan Carlos Valdez, Miguel Angel Vittor, Ricardo Armiñana Dohorman and Héctor Luis Cruz.
   • - The Committee requests the Government to ensure that the administrative authority withdraws its appeal against the decision of the first instance judicial authority which ordered the trade union registration of the FETERA trade union, and to keep it informed of any decision or ruling adopted with respect to this case.

B. The Government's reply

1. 116. In its communication dated 10 August 2000 the Government states, with respect to the Committee's recommendations concerning the request to ensure that the administrative authority would withdraw the appeal against the decision of the judicial authority which ordered the trade union registration of the FETERA trade union, that the appeal lodged before the Supreme Court of Justice against the first instance ruling handed down in this case by the National Labour Appeal Court was rejected as being inadmissible, and the appealed decision was consequently upheld.
2. 117. As regards the recommendation in which the Committee asks to be informed of the final decision concerning the dismissal of the trade union leader Mr. Marcelo Fabián Martín, the Government states that the case file was temporarily withdrawn from the court by Mr. Martín's legal representative, with the protective measure previously ordered remaining in force and with the judicial proceedings being paralysed as a result. The Government indicates that until the legal proceedings are returned by the complainant's legal representative, and the action prosecuted by the parties, it is procedurally impossible to hand down a ruling.
3. 118. As regards the Committee's recommendation concerning the dismissal or transfer of workers of the provincial and municipal public administration of Salta, the Government states the following:
   • - Vittor, Miguel Angel: this person was working in the Provincial Institute for Urban Development and Housing; he subsequently resigned from his position with that body, with effect on 1 August 1986, through Decision No. 065/86 of the IPDUV. On the payroll of the Banco Macro SA.
   • - Cruz, Héctor Luis: joined the management of the Highway Administration of Salta on 18 June 1987, working there as a panel beater until 7 March 1996, when he joined the Programme for the Reorganization of Provincial and Municipal Public Employment, by Decree No. 435/96; this programme was established by Provincial Act No. 6820 in the framework of the Reform of the Provincial State. For the year he remained in the programme the official received the corresponding monthly remuneration, as well as the compensation stipulated in article 18 of the above Act. Mr. Cruz initiated legal action against the province before the Administrative Court of First Instance with the legal proceedings "Cruz, Hector Luis v. the management of the Highway Administration of Salta and/or the province of Salta under summary proceedings of trade union protection", Case No. 1771/98. The judgement handed down in this court was appealed against before the Court of Justice of the province of Salta, with no decision having yet been handed down.

C. The Committee's conclusions

1. 119. As regards its request for the final decision concerning the dismissal of the trade union leader Mr. Marcelo Fabián Martín (who had been reinstated in his job provisionally under a protective measure), the Committee notes the Government's statement that the judicial process is paralysed - with the protective measure remaining in force - given that the case file was temporarily withdrawn from the court by Mr. Martín's legal representative and that until it is returned and the action prosecuted by the parties it is procedurally impossible to hand down a ruling. In these circumstances, the Committee notes that the judicial process has been temporarily paralysed but that it may be reactivated. If the process is reactivated, the Committee once again asks the Government to keep it informed of the final outcome of the judicial proceedings.
2. 120. With respect to the dismissal or transfer of a number of trade union leaders from the province of Salta between 1992 and 1996, the Committee notes that the Government states the following: (1) Mr. Miguel Angel Vittor: resigned from his position with the Provincial Institute for Urban Development and Housing and is currently working for Banco Macro SA; and (2) Mr. Héctor Luis Cruz: was working for the management of the Highway Administration of Salta and on 7 March 1996 joined the Programme for the Reorganization of Provincial and Municipal Public Employment, having received for the year that he was in that programme the corresponding monthly remuneration and the compensation stipulated. Mr. Cruz lodged a judicial appeal for trade union protection and the judgement of first instance was appealed against before the Court of Justice of the province of Salta. To date no further judgement has been handed down. The Committee asks the Government to send it a copy of the judgement of first instance concerning the dismissal of the trade union leader Mr. Héctor Luis Cruz and to inform it of the final judgement handed down. Lastly, while it regrets that the Government has not sent its observations concerning the situation of the proceedings relating to the other trade union leaders (Carlos Alberto Ibarra, Hugo Miguel Quispe, Rubén Antonio Saravia, Juana Isnardez de Ruiz, Reynaldo Eduardo Pistan, Ramona Escobar de Gutiérrez, Juan Carlos Valdez and Ricardo Armiñana Dormán), the Committee asks it to keep it informed of the outcome.
3. 121. Concerning the appeal lodged against the decision of the judicial authority which ordered the trade union registration of the Federation of Energy Workers of the Argentine Republic (FETERA), the Committee notes that the Supreme Court of Justice has rejected the appeal in question and that FETERA has been registered.

The Committee's recommendations

1. 122. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee once again requests the Government if the case is reactivated to keep it informed of the final outcome of the judicial proceedings relating to the dismissal of the trade union leader Mr. Marcelo Fabián Martín (reinstated in his job provisionally under a protective measure).
   • (b) The Committee requests the Government to send it a copy of the judgement of first instance concerning the dismissal of the trade union leader Mr. Héctor Luis Cruz from the province of Salta and to inform it of the final judgement handed down.
   • (c) The Committee requests the Government to keep it informed of the outcome of the proceedings relating to the dismissal or transfer of the following trade union leaders: Carlos Alberto Ibarra, Hugo Miguel Quispe, Rubén Antonio Saravia, Juana Isnardez de Ruiz, Reynaldo Eduardo Pistan, Ramona Escobar de Gutiérrez, Juan Carlos Valdez and Ricardo Armiñana Dormán.