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

Case No 2302 (Argentina) - Complaint date: 29-SEP-03 - Closed

Allegations: The allegations still pending concern dismissals and suspensions of trade union officials and members following an application for official registration from SIJUPU

346. The Committee examined this case at its meeting in November 2004, when it presented an interim report to the Governing Body of the ILO [see 335th Report, paras. 228-247, approved by the Governing Body at its 291st Session in November 2004].

1. 347. The Government sent new observations in communications dated 9 May and 14 October 2005.
2. 348. Argentina 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. 349. When it examined the case at its meeting in November 2004, a number of allegations remained pending, concerning dismissals and suspensions of trade union leaders and members following an application for official registration from the complainant, the SIJUPU. On that occasion, the Committee made the following recommendations with regard to the pending allegations [see 335th Report, para. 247]:
2. – The Committee requests the Government to: (1) ensure that Juan Manuel González has been reinstated at his post and received payment of his wage arrears as ordered by the court, and keep it informed in this regard; and (2) report on the results of the appeal for review lodged by Vilma Fuentes de Ochoa and Susana Muñoz, members of SIJUPU regarding their dismissals.
3. – As regards the alleged preventive sanctions against Fredy López Camacho, General Secretary, Rubén Magallanes, Social Action Secretary, Gladis Abdón, Records Secretary, and the summons to give evidence sent to Mario Becerra, Secretary, and Silvia Zavala, a union member, the Committee requests the complainant to send additional information in this respect (nature of the sanctions and date on which they were imposed, supporting documentation, etc.).
4. – As regards the allegations concerning the violation of trade union rights and of the national legislation by the STJSL, which purported to discuss trade union issues with various groups and individuals, disregarding the fact that the SIJUPU, according to the complainant, is the most representative organization, the Committee requests the Government to provide it rapidly with its observations.
5. – Moreover, the Committee requested the Government, in the event that the SIJUPU seeks official trade union status and is shown to be the most representative organization, to grant trade union status (personaria gremial) without delay.
6. B. The Government’s reply
7. 350. In its communication of 9 May 2005, the Government states that Juan M. González has been reinstated in his post and paid the arrears of wages owed to him. The Government states that the appeals lodged by Vilma Fuentes de Ochoa and Susana Muñoz de Alaniz were partially accepted, with the result that instead of being dismissed they were suspended for 30 days (the Government states that the workers in question are now working in the appropriate offices). Lastly, the Government states that the Higher Court of Justice of San Luis Province states that it has not in any way infringed the complainant’s trade union rights, and emphasizes its willingness to establish dialogue with the complainant.
8. 351. In its communication of 14 October 2005, the Government states that on 5 August 2004 the complainant organization initiated the procedure for obtaining trade union status (personaria gremial) and that currently the relevant file is under examination for the elaboration of the final report on this request.

C. The Committee’s conclusions

1. 352. The Committee notes that, when it examined this case at its meeting in November 2004, it requested the Government to: (1) ensure that Juan Manuel González had been reinstated at his post and received payment of his wage arrears as ordered by the court; (2) report on the results of the appeals for review lodged by Vilma Fuentes de Ochoa and Susana Muñoz, members of SIJUPU, regarding their dismissals; and (3) send without delay its observations regarding the allegations concerning the violation of trade union rights and of national legislation by the Higher Court of Justice of San Luis Province (STJSL), which had purported to discuss trade union issues with various groups and individuals, disregarding the fact that the SIJUPU, according to the complainant, was the most representative organization. The Committee also requested the Government, in the event that the SIJUPU sought official trade union status and was shown to be the most representative organization, to grant it trade union status (personaria gremial) without delay.
2. 353. As regards the employment situation of Juan Manuel González, the Committee notes with satisfaction that, according to the Government, Mr. González has been reinstated in his post and has been paid his arrears of wages.
3. 354. As regards the applications for review regarding their dismissal, lodged by Vilma Fuentes de Ochoa and Susana Muñoz, both members of the SIJUPU, the Committee notes with interest that according to the Government, these applications were partially accepted since instead of being dismissed, these workers were suspended for 30 days; they are now working in the appropriate offices.
4. 355. As regards the allegations concerning the violation of trade union rights and national legislation by the Higher Court of Justice of San Luis Province (STJSL), which attempted to discuss trade union issues with various groups and individuals, disregarding the fact that the SIJUPU, according to the complainant, was the most representative organization, the Committee notes that according to the Government, the Higher Court has stated that it did not in any way infringe the trade union rights of the SIJUPU by holding a meeting with a group of employees in order to discuss certain issues, and that it affirms its willingness to establish a dialogue with the complainant. The Committee requests the Government to keep it informed of any negotiations or dialogue undertaken by the parties in this regard.
5. 356. As regards the alleged preventive sanctions imposed on Fredy López Camacho, General Secretary, Rubén Magallanes, Social Action Secretary, and Gladis Abdón, Records Secretary, and the summons to give evidence sent to Mario Becerra, Secretary, and Silvia Zavala, a union member, in view of the Government’s strong denial that any such sanctions were imposed, the Committee requested the complainant to send additional information on these matters (the nature of the alleged sanctions, dates on which the sanctions were applied, corroborating documents, etc.). Noting that the complainant has not provided the information requested, the Committee will not pursue its examination of these allegations.
6. 357. Finally, with regard to the request for trade union status (personaria gremial) by SIJUPU, the Committee notes that according to the Government, the trade union initiated the procedure in August 2004 and that the file is currently under examination for the preparation of the final report on this request. The Committee regrets the long time which elapsed for the adoption of a decision on this question and expresses the hope that the authorities will issue a decision soon. The Committee requests the Government to keep it informed in this respect.

The Committee's recommendations

1. 358. 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 negotiations or dialogue undertaken between SIJUPU and the Higher Court of Justice of San Luis Province (STJSL).
   • (b) With regard to the request for trade union status (personaria gremial) by SIJUPU, the Committee regrets the long time which elapsed for the adoption of a decision on this question and expresses the hope that the authorities will issue a decision soon. The Committee requests the Government to keep it informed in this respect.