Interim Report - Report No 326, November 2001

Case No 2103 (Guatemala) - Complaint date: 26-SEP-00 - Closed

Allegations: Anti-union discrimination, anti-union dismissals

1. 288. This complaint is contained in communications from the Workers’ Unions of the Office of the Auditor General (SITRACGC) and the Organization for Worker Unity (Unidad Laboral) dated 26 September and 7 November 2000.
2. 289. Since there was no reply from the Government, the Committee twice had to postpone consideration of this case. In addition, at its meeting of May-June 2001 [see 325th Report, para. 8], the Committee made an urgent appeal to the Government and drew its attention to the fact that, in line with the procedure laid down in its 127th Report, paragraph 17, approved by the Governing Body, it would present at its next meeting a report on the substance of the case, even if the information or observations from the Government had not been received in time. So far, the Government has not sent its observations.
3. 290. 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 complainants’ allegations

1. 291. In its communications of 26 September and 7 November 2000, the Workers’ Unions of the Office of the Auditor General (SITRACGC) and the Organization for Worker Unity (Unidad Laboral) allege that since the current incumbents of the Office of the Auditor General of the Republic of Guatemala have assumed office, numerous acts of anti-union discrimination have been committed against its leaders and members, including the following:
   • – compulsory resignations involving the termination of membership of 200 union members;
   • – dismissal of five members (Ms. Ligia del Carmen Jiménez Baldizón on 10 April 2000; Mr. Francisco Ramiro Miranda Montenegro and Mr. Walter Daniel Godoy Vargas on 31 July 2000; Mr. César Soto García on 7 August 2000; and Ms. Silvia Lisbeth Lara Sierra on 21 August 2000) on grounds of reorganization;
   • – dismissal proceedings started on 12 July 2000 against members of the SITRACGC and Unidad Laboral executive committees (Messrs. Manuel Antonio Cospín López, Roberto Espinosa Prado, Nery Gregorio López Alba, Marco Polo Menchu Arreaga, Marco Antonio Alvarado Rojas) in reprisal for failing to perform their duties by refusing to accept appointments outside the central department;
   • – transfer of the secretary for public relations and advertising, Mr. Sergio René Gutiérrez Parrilla, who was assigned to the central office in reprisal for making use of the right of petition and, for failing to implement that transfer, was suspended from work without pay on 6 September 2000 for a period of 30 days;
   • – dismissal of members, Ms. Ivana Eugenia Chávez Orozco and Mr. Otoniel Antonio Zet Chicol on 4 October 2000 despite legal rulings of August and September 2000 which prohibited any dismissal without a legal ruling because of the labour dispute between the unions and the Auditor General’s Office;
   • – failure to assign duties despite the complaint made on 10 October by workers Roberto Espinoza Prado, Nery Gregorio López Alba, Marco Polo Menchu Arreaga, Marco Antonio Alvarado Rojas and René Gutiérrez Parrilla; and
   • – relocation of union headquarters owing to restructuring of the enterprise.

B. The Committee’s conclusions

1. 292. The Committee regrets that despite the time that has elapsed since the complaint was lodged, the Government, contrary to the desire to cooperate expressed during the direct contacts mission in April 2001, has not replied to any of the complainants’ allegations, even though it was urged on several occasions, including through an urgent appeal, to send its observations or information on the case. The Committee urges the Government to cooperate fully with the Committee in the future.
2. 293. Under these circumstances and in accordance with the applicable procedure [see 127th Report, para. 17, approved by the Governing Body at its 184th session], the Committee is bound to present a report on the substance of the case, even without the information which it hoped to receive from the Government.
3. 294. The Committee reminds the Government that the purpose of the whole procedure is to ensure respect for trade union rights in law and in fact. The Committee is convinced that although the procedure protects governments against unfounded accusations, governments on their side should recognize the importance of presenting detailed and precise replies to the substance of the alleged facts with a view to an objective examination [see First Report of the Committee, para. 31].
4. 295. The Committee observes that in the present case the complainants allege various acts of anti-union discrimination including: (1) compulsory resignations involving the termination of membership of more than 200 union members; (2) dismissals on grounds of reorganization; (3) dismissal proceedings started as reprisal for alleged failure to perform duties; (4) transfers and suspensions without pay; (5) dismissals for failure to implement legal rulings; and (6) failure to assign duties and relocation of union headquarters. In this respect, the Committee would first like to recall that protection against acts of anti-union discrimination should cover not only hiring and dismissal but also any discriminatory measures during employment, in particular transfers, downgrading and other acts that are prejudicial to workers [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 695].
5. 296. As regards the alleged compulsory resignations which involved the termination of membership of more than 200 union members and the dismissal of five members (Ligia del Carmen Jiménez Baldizón, Francisco Ramiro Miranda Montenegro, Walter Daniel Godoy Vargas, César Soto García and Silvia Lisbeth Lara Sierra) on grounds of reorganization, the Committee requests the Government to ensure that investigations are made to determine whether the resignations and dismissals were effected for anti-union reasons. Should the anti-union nature of these acts be confirmed, the Committee requests the Government to take the necessary steps to have those who were dismissed reinstated in their posts without loss of pay and so that the workers forced to resign be offered reinstatement in their posts without loss of pay, and to ensure that such acts are not repeated in future. The Committee requests the Government to keep it informed in this respect.
6. 297. As regards the allegations concerning the dismissal proceedings and the failure to assign duties to the members of the SITRACGC and Unidad Laboral executive committees, as reprisal for their failure to perform their duties by refusing to perform tasks outside the central office (transfers according to the complainants), the Committee recalls that transfers may be included in acts of anti-union discrimination, as stated previously. Finally, the Committee requests the Government to urge the Auditor General’s Office to desist from the dismissal actions referred to above and proceed by common agreement with the assignment of duties in such a way that the performance of union activities is not affected. The Committee requests the Government to keep it informed in this respect.
7. 298. With regard to the alleged transfer and subsequent suspension without pay of Mr. Sergio René Gutiérrez Parrilla, as reprisal for exercising the right of petition, the Committee recalls that “the right of petition is a legitimate activity of trade union organizations and persons who sign such trade union petitions should not be reprimanded or punished for this type of activity” [see Digest, op. cit., para. 719]. Accordingly, the Committee requests the Government to take the necessary steps to have investigations carried out and, should the transfer and subsequent suspension prove to be the result of legitimate union activities, ensure that the transfer be rescinded and, should the suspension have been made effective, undertake compensation with the payment of outstanding wages. The Committee requests the Government to keep it informed in this respect.
8. 299. As regards the alleged dismissals of Ms. Ivana Eugenia Chávez Orozco and Mr. Otoniel Antonio Zet Chicol, despite the legal rulings of August and September 2000 prohibiting any dismissal without a legal ruling because of the labour dispute between the unions and the Auditor General’s Office, the Committee requests the Government, in compliance with the legal ruling, to reinstate the workers concerned in their posts. The Committee requests the Government to keep it informed in this respect.
9. 300. As regards the alleged relocation of union headquarters, the Committee observes that the measure consists solely of transferring the headquarters from one floor to another in the building where the Auditor General’s Office is located. The Committee requests the Government to urge the parties to consider by joint agreement to what extent the transfer may affect the normal performance of union activity and possibly to take steps to abandon the planned transfer.

The Committee's recommendations

1. 301. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets that the Government, contrary to the desire to cooperate expressed during the direct contacts mission in April 2001, has not responded to any of the complainants’ allegations in this case and urges the Government to cooperate fully with the Committee in the future.
   • (b) With respect to the compulsory resignations involving the termination of membership of 200 union members and the dismissal of five members, the Committee requests the Government to ensure that investigations are made to determine whether the resignations and dismissals were effected for anti-union reasons. Should the anti-union nature of these acts be confirmed, the Committee requests the Government to take the necessary steps to have those who were dismissed reinstated in their posts without loss of pay and so that the workers forced to resign be offered reinstatement in their posts without loss of pay, and ensure that such acts are not repeated in future. The Committee requests the Government to keep it informed in this respect.
   • (c) As regards the dismissal proceedings and the failure to assign duties to the members of the SITRACGC and Unidad Laboral executive committees, the Committee requests the Government to urge the Office of the Auditor General to desist from the actions described and to assign duties by common agreement in such a way that union activities are not affected. The Committee requests the Government to keep it informed in this respect.
   • (d) With regard to the transfer and subsequent suspension without pay of Mr. Sergio René Gutiérrez Parrilla, in reprisal for exercising the right of petition, the Committee requests the Government to take the necessary steps to ensure that investigations are made and, should the transfer and subsequent suspension prove to be the consequence of legitimate union activities, rescind the transfer and, should the suspension have been made effective, undertake compensation with the payment of outstanding wages. The Committee requests the Government to keep it informed in this respect.
   • (e) Concerning the dismissal of Ms. Ivana Eugenia Chávez Orozco and Mr. Otoniel Antonio Zet Chicol, the Committee requests the Government, in compliance with the legal ruling, to reinstate the workers concerned in their posts. The Committee requests the Government to keep it informed in this respect.
   • (f) The Committee requests the Government to urge the parties to consider by joint agreement to what extent the transfer of the union central office may affect the normal performance of union activity and possibly to take steps to abandon the planned transfer.