Effect given to the recommendations of the committee and the Governing Body - Report No 337, June 2005

Case No 2217 (Chile) - Complaint date: 05-SEP-02 - Closed

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

1. 38. At its November 2004 meeting, the Committee made the following recommendations concerning the issues that remained pending [see 335th Report, para. 528]:
2. Sopraval S.A.
3. – Noting that the two legal proceedings for anti-union practices are awaiting decisions, the Committee requests the Government to keep it informed of the decisions handed down with regard to the allegations relating to 2000 (threats to freedom of association of the members of the trade union, harassment and dismissal of the former trade union official Nelson Orellana Ramírez, interference by the company in a vote of censure of the former executive committee of the trade union).
4. – With regard to the allegations of acts of intimidation and violence by the police during a gathering of striking workers outside the company’s buildings on 1 and 2 May 2000 (resulting in workers being injured and detained), the Committee once again requests the Government to send the report which it promised to request from the Governor of the Province without delay and to ensure that investigations begin into the allegations and, if appropriate, that the sanctions provided for in legislation are applied.
5. Cecinas San Jorge S.A.
6. – With regard to the dismissal of trade union official Álvaro Zamorano Miranda, the Committee requests the Government to keep it informed of any new administrative or judicial decisions taken and expects that the trade union official will be reinstated in his post shortly. The Committee regrets to note that the Government has not sent its observations on the other allegations according to which the company began slander proceedings against union officer Álvaro Zamorano Miranda. In this respect, the Committee requests the Government to keep it informed of any judicial decision in this respect, and of any administrative or judicial decision on the alleged promotion by the company of a trade union.
7. Electroerosión Japax Chile S.A.
8. – With regard to the dismissal of nine workers enjoying trade union protection, the Committee notes that according to the Government’s statements no final decision has been issued on this matter and it requests the Government to keep it informed in this respect.
9. 39. In its communication dated 11 April 2005, the Government states with respect to Sopraval S.A. that case No. 12.616 concerning a complaint of anti-union practices filed by the Sopraval enterprise trade union against Sopraval S.A. in the Court of La Calera was closed with the judgement of 14 March 2003, which dismissed the allegation of anti-union practices. The case was archived on 3 March 2004.
10. 40. With regard to the Committee’s recommendations: (1) concerning the report that the Government undertook to request from the Governor of the Province of Quillota in relation to the allegations of intimidation and violence by the police; and (2) that the Government should ensure that investigations are made into the allegations and, if appropriate, that the sanctions provided for in law are applied, the Government states that an official letter concerning these issues was sent to the Governor on 31 January 2005, but no reply has been received to date.
11. 41. With regard to Cecinas San Jorge S.A., the Government indicates that an administrative investigation was undertaken in this case but it was concluded that there were insufficient grounds for the Ministry of Labour to make a judicial complaint regarding anti-union practices and request the reinstatement of union official Mr. Álvaro Zamorano. In fact, the employment relationship had actually been terminated by mutual agreement of the parties, and consequently any reinstatement of the official in question was no longer an issue.
12. 42. With regard to the legal action for slander which Cecinas San Jorge S.A. had reportedly initiated against the official, the Government indicates that information was obtained through the competent labour inspector on whether the action, which had been prompted by statements that the official allegedly made on the radio, was actually being brought. Nevertheless, since the enterprise had agreed with the official in question to the termination of his employment relationship, the enterprise discontinued the legal action.
13. 43. The Government also sends a communication from the Confederation of Production and Trade (CPC), which attaches comments by Cecinas San Jorge S.A.. The enterprise denies the allegations, indicating that there are three unions at the enterprise and a collective agreement is in force which will be renewed at the end of 2005. It also declares that there is no interference in the formation of trade unions or in union membership and that Mr. Álvaro Zamorano Miranda (a former trade union official) resigned voluntarily from his post at the enterprise on 10 December 2001 and received the statutory severance pay. The enterprise dropped its slander action against the former worker since, according to the enterprise, he had made a deposition to a notary that his statements on the radio which had prompted the proceedings “were erroneous and based on malicious and unfounded comments made by third parties”. The enterprise management also indicated that it was untrue that any incentive had been offered to workers at the enterprise to join a specific union, adding that “on the contrary, I have been able to ascertain hitherto that there are three trade unions currently operating at the enterprise, each under its respective leadership, and there were no irregularities of any kind at the time they were formed”.
14. 44. As regards Electroerosión Japax Chile S.A., the Government states that in the case before the 6th Labour Court of Santiago, the Court accepted the complaint and its decision was implemented. According to the ruling sent by the Government, the judicial proceedings concerning anti-union practices against union official Mr. Jorge Murua Saavedra were deemed admissible, his reinstatement was ordered, and heavy fines were imposed on the enterprise for unfair practices in collective bargaining. In addition, pursuant to the legal provision requiring publication on a half-yearly basis of the names of enterprises found guilty of anti-union practices, the Ministry of Labour placed Electroerosión Japax Chile S.A. on the list published in the second half of 2004.
15. 45. With regard to the allegations against Sopraval S.A. concerning threats to the freedom of association of members of the trade union, harassment and dismissal of the former trade union official Mr. Nelson Orellana Ramírez, and interference by the company in a vote of censure of the former executive committee of the trade union, the Committee notes that the judicial authority rejected the complaint concerning anti-union practices and the case was archived on 3 March 2004.
16. 46. As regards the allegations of acts of intimidation and violence by the police during a gathering of striking workers outside the company’s buildings on 1 and 2 May 2000 (resulting in workers being injured and detained), the Committee notes that the Government has written to the Governor of the Province of Quillota and is waiting for a reply. The Committee requests the Government to send the Governor’s report on these allegations as soon as it receives it.
17. 47. With regard to the dismissal of trade union official Mr. Álvaro Zamorano Miranda by Cecinas San Jorge S.A., the Committee notes the Government’s statement that an administrative investigation was undertaken in this case but it was concluded that there were insufficient grounds for the Ministry of Labour to file a judicial complaint of anti-union practices and request the reinstatement of union official Mr. Álvaro Zamorano Miranda. The Committee also notes the Government’s statement that Mr. Álvaro Zamorano Miranda’s employment relationship was in fact terminated by mutual agreement of the parties and the legal action against this official ended when the enterprise dropped the action. The Committee notes the enterprise’s statements which confirm the above information.
18. 48. With regard to the dismissal of workers enjoying trade union immunity at Electroerosión Japax Chile S.A., the Committee notes the Government’s statement that the court admitted the judicial proceedings concerning anti-union practices against union official Mr. Jorge Murua Saavedra, ordered his reinstatement, imposed heavy fines on the enterprise for unfair practices in collective bargaining and placed it on the list of enterprises found guilty of anti-union practices. The Committee requests the Government to keep it informed of the effective reinstatement of Mr. Saavedra.