Definitive Report - Report No 330, March 2003

Case No 2159 (Colombia) - Complaint date: 23-OCT-01 - Closed

Allegations: The complainant organizations allege difficulties in the collective bargaining process and with the check-off facility resulting from the application of a collective agreement not negotiated by the trade unions.

1. 544. The complaint is contained in a communication from the National Trade Union of Workers in Food and Dairy Enterprises (ASPROAL), the National Food Industry Trade Union (SINTRALIMENTICIA) and the Single Confederation of Workers of Colombia (CUT) – Antioquia Executive Subcommittee dated 23 October 2001. In a communication dated 14 December 2001, the complainant organizations sent new allegations, and in a communication dated 20 June 2002, ASPROAL sent further information. The Government sent its observations in communications dated 4 and 6 June and 22 October 2002.
2. 545. Colombia 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. 546. In their communications of 23 October and 14 December 2001 and 20 June 2002, the National Trade Union of Workers in Food and Dairy Enterprises (ASPROAL), the National Food Industry Trade Union (SINTRALIMENTICIA) and the Single Confederation of Workers of Colombia (CUT) – Antioquia Executive Subcommittee state that ASPROAL and SINTRALIMENTICIA presented a list of demands to Galletas Company S.A. and Noel Food Industries S.A. in March 2001. These demands were not resolved by direct bargaining. The trade union organizations requested that an arbitration tribunal be set up, which took place through resolutions of the Ministry of Labour and Social Security. The trade union organizations state that the resolutions were appealed by the enterprises.
2. 547. The complainant organizations add that, while waiting for the establishment of the arbitration tribunal, the enterprises negotiated a collective agreement with other workers’ organizations (SINTRACOMNOEL and SINALTRALAC) and began to deduct trade union dues from members of ASPROAL and SINTRALIMENTICIA for benefiting from the agreement. According to the complainant organizations, this situation forced them to have recourse to the law.
3. 548. Subsequently, Galletas Company S.A. summoned ASPROAL and SINTRALIMENTICIA in order to find a solution to the collective dispute and a complementary agreement to the existing collective agreement was signed with the enterprise. However, the complementary collective agreement has still to be settled between ASPROAL and SINTRALIMENTICIA, on the one hand, and Noel Food Industries S.A., on the other.

B. The Government’s reply

1. 549. In communications dated 4 and 6 June and 22 October 2002, the Government states that on 24 May and 8 October 2002, in Medellín, complementary agreements to the collective labour agreement was signed between the trade union organizations ASPROAL and SINTRALIMENTICIA and the Galletas Company S.A. and Industria Alimenticia Noel, thus ending the conflict.

C. The Committee’s conclusions

1. 550. The Committee notes that, in the present case, the complainant organizations state that: (1) given the impossibility of collective bargaining with the Galletas Company S.A. and Noel Food Industries S.A., the trade union organizations ASPROAL and SINTRALIMENTICIA requested the administrative authorities to set up an arbitration tribunal; (2) the Ministry of Labour convened an arbitration tribunal through two resolutions that were appealed by the enterprises; (3) the enterprises negotiated a collective agreement with other trade unions and began to deduct trade union dues from members of ASPROAL and SINTRALIMENTICIA for benefiting from the agreement referred to (the complainant organizations state that they filed judicial proceeding in this respect); (4) a complementary agreement to the existing collective agreement at Galletas Company S.A. was signed, but a similar agreement needs to be signed with Noel Food Industries S.A.
2. 551. The Committee notes with interest the complementary agreements to the collective labour agreement that was concluded between ASPROAL and SINTRALIMENTICIA, on the one hand, and Galletas Company S.A. and Noel Food Industries S.A., on the other, which ended the conflict.

The Committee's recommendations

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