Effect given to the recommendations of the committee and the Governing Body - Report No 325, June 2001

Case No 2080 (Venezuela (Bolivarian Republic of)) - Complaint date: 09-MAR-00 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 92. At its meeting in March 2001, the Committee examined this case, in which the complainant had disputed the legitimacy of a trade union voting procedure in which non-union members had participated and the purpose of which had been to bring about the merger of two trade unions in the Caracas metro sector. More specifically, the complainant had challenged a decree by the former Minister of Labour dated 23 November 1999, which had legalized the merger of the two unions representing employees of C.A. Metro de Caracas and the election of a new union committee of the C.A. Metro de Caracas Workers’ Union. The Committee considered that the Minister’s decree violated the most elementary principle of freedom of association, i.e. that only trade union members can decide on their trade union structures and the composition of the unions’ executive bodies. The Committee strongly rejected this type of statement, and urged the Government to respect Convention No. 87 and not to interfere in the internal affairs of trade union organizations.
2. 93. The Committee concluded its examination with the following recommendations [see the 324th Report of the Committee, paras. 995-1013]:
   • – Noting that the Government has violated Convention No. 87, the Committee hopes that the courts will annul the decree issued by the former Minister of Labour on 23 November 1999, as well as the trade union merger of SITRAMECA and ASUTMETRO, and urges the Government to ensure that this process only takes place if initiated by the trade union members of both organizations in full freedom.
   • – The Committee requests the Government to keep it informed of developments in the situation.
3. 94. In its communications of 11 and 25 March 2001, the Government attaches a copy of the Supreme Court of Justice Ruling of 8 March 2001, which renders null and void the decree of the Minister of Labour of 23 November 1999.
4. 95. The Committee notes this information with satisfaction.