Report in which the committee requests to be kept informed of development - Report No 338, November 2005

Case No 2264 (Nicaragua) - Complaint date: 25-APR-03 - Closed

Allegations: Anti-union dismissals during a collective dispute at the Presitex Corp. S.A. enterprise because of unilateral changes in the methods of production and payment of the workers

1086. At its March 2004 meeting, the Committee presented an interim report on this case [see 333rd Report, paras. 771-787, approved by the Governing Body at its 289th Session (March 2004)].

1. 1087. The Government sent new observations in a communication dated 17 May 2005.
2. 1088. Nicaragua 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. 1089. At its March 2004 meeting, after an examination of allegations relating to dismissals of trade union leaders, the Committee made the following interim recommendations [see 333rd Report, para. 787]:
2. (a) The Committee requests the Government to send information on: (i) the alleged unilateral decision of the Presitex enterprise to modify the methods of production and the system of wage payments without consulting the union; (ii) the reasons why the enterprise and the Ministry refused to accept the collective audience requested by the workers aimed at obtaining the conclusion of a collective agreement; and (iii) the alleged pressure exercised by diplomatic representatives of a foreign country on the Ministry of Labour. The Committee requests the Government to promote an appropriate procedure for collective bargaining at the enterprise and to ensure that no outside pressure is brought to bear on the collective bargaining process in violation of Convention No. 98.
3. (b) The Committee requests the Government to provide it with a copy of the decision handed down by the judicial authorities on the dismissal of the four members of the trade union executive committee, as well as information on the specific facts that were cause for the dismissal of trade union members Evelin Moreno and Lilian Moreno. The Committee also requests the Government to ensure that they are reinstated in their jobs without loss of pay if it is shown that their dismissals were due to anti-union motives.
4. B. The Government’s reply
5. 1090. In its communication of 17 May 2005, the Government states: (1) that the complainant’s allegations concerning the unilateral decision of the Presitex enterprise to modify the methods of production and the system of wage payments without consulting the union have been neither established nor proven; (2) that the parties (employer and workers) made use of their rights and also of the remedies and appeals established by law; and (3) that it refutes the alleged pressure exercised by diplomatic representatives of a foreign country on the Ministry of Labour in respect of the enterprise. The Government adds that it promotes social dialogue, understanding and collective bargaining between the parties, in accordance with the law and with ILO Conventions.
6. 1091. As to the decision of the judicial authority concerning the dismissal of the four members of the trade union executive committee, the Government states that the complainant organization party to the proceedings has not provided it with any information in this respect. Lastly, the Government indicates that the dismissal of members of the Lidia Maradiaga Trade Union, Evelin Moreno and Lilian Moreno, is not related to the exercise of their trade union rights and corresponds rather to acts of labour insubordination.

C. The Committee’s conclusions

1. 1092. The Committee recalls that the allegations pending in this case refer mainly to the dismissal of four members of the executive committee and of two members of the Lidia Maradiaga Trade Union as a result of a collective dispute relating to unilateral changes – without consulting the mentioned trade union – by the Presitex Corp. S.A. enterprise to the methods of production and payment of wages.
2. 1093. With regard to the alleged decision by the Presitex Corp. S.A. enterprise to change the methods of production and payment of wages without consulting the trade union, the Committee notes the Government’s information that the complainant’s allegations have been neither established nor proven. In these conditions, the Committee recalls the importance of consultations between the social partners on matters of common interest.
3. 1094. As to the reasons why the Presitex Corp. S.A. enterprise and the Ministry refused to accept the collective audience requested by the workers aimed at concluding a collective agreement, the Committee notes the Government’s information that the parties made use of their rights and also the remedies and appeals established by law. In view of that information, the Committee stresses the importance of the parties seeking to reach agreement during the collective bargaining process.
4. 1095. Regarding the alleged pressure exercised by diplomatic representatives of a foreign country on the Ministry of Labour in respect of the enterprise, the Committee notes the Government’s firm rejection of the existence of such pressure. Taking this information into account, the Committee will not proceed with the examination of these allegations.
5. 1096. Concerning the request that the Government promote an appropriate procedure for collective bargaining at the Presitex Corp. S.A., enterprise and ensure that no outside pressure is brought to bear on the collective bargaining process, the Committee notes the Government’s information that it promotes social dialogue, understanding and collective bargaining between the parties to avoid social and labour disputes, in the framework of legislation and ILO Conventions. In this regard, the Committee requests the Government to keep it informed of all collective agreements concluded between the Lidia Maradiaga Trade Union and the enterprise.
6. 1097. With respect to the judicial decision on the dismissal of the four members of the executive committee of the Lidia Maradiaga Trade Union, a copy of which had been requested by the Committee, the Committee notes the Government’s information that the complainant organization party to the proceedings has not provided it with any information in that respect. The Committee requests the complainant organization to provide additional information on these dismissals and requests the Government to send it a copy of the decision as soon as it is handed down.
7. 1098. With regard to the dismissal of the members of the Lidia Maradiaga Trade Union, Evelin Moreno and Lilian Moreno, the Committee notes the Government’s information that their dismissal is not related to their trade union activities but rather to acts of labour insubordination. The Committee requests the Government to provide information about the acts of labour insubordination supposedly committed by the workers in question that gave rise to their dismissals and to indicate whether they have initiated judicial proceedings in this regard. The Committee requests the Government to obtain observations on this issue from the enterprise concerned through the relevant employers’ organization.

The Committee's recommendations

1. 1099. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to keep it informed of any collective agreements concluded between the Lidia Maradiaga Trade Union and Presitex Corp. S.A. enterprise.
   • (b) With respect to the judicial decision on the dismissal of the four members of the executive committee of the Lidia Maradiaga Trade Union, a copy of which had been requested by the Committee, the Committee requests the complainant organization to provide additional information on these dismissals and requests the Government to send it a copy of the decision as soon as it is handed down.
   • (c) The Committee requests the Government to provide information about the acts of labour insubordination supposedly committed by the members of the Lidia Maradiaga Trade Union, Evelin Moreno and Lilian Moreno, that gave rise to their dismissals, and to indicate whether they have initiated judicial proceedings in this regard. The Committee requests the Government to obtain observations on this issue from the enterprise concerned through the relevant employers’ organization.