Report in which the committee requests to be kept informed of development - Report No 340, March 2006

Case No 2397 (Guatemala) - Complaint date: 19-NOV-04 - Closed

Allegations: Threat of dismissal of the members of the executive committee of the complainant trade union; start of disciplinary proceedings against the general secretary of the trade union; obstacles and delaying tactics put in the way of collective bargaining by the National Literacy Committee

878. The complaint is included in a communication from the Workers’ Union of the National Literacy Committee (SINCONALFA) dated 19 November 2004, supported by the National Federation of Trade Unions of State Employees of Guatemala (FENASTEG) in a communication of the same date. SINCONALFA submitted additional information in a communication dated 14 January 2005. The Government replied in a communication dated 4 January 2006.

1. 879. 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 complainant’s allegations

1. 880. In its communication of 19 November 2004, the Workers’ Union of the National Literacy Committee (SINCONALFA) alleges that its executive committee was threatened with dismissal without the judicial authorization required by law.
2. 881. The complainant trade union alleges a lack of good will to bargain collectively by the National Literacy Committee, resulting in the trade union having to declare a socio-economic dispute before the judicial authority, which has entered the arbitration phase; nevertheless, the representatives of the National Literacy Committee have brought legal proceedings and have engaged in delaying tactics.
3. 882. In its communication dated 14 January 2005, the complainant trade union indicates that the Court of Arbitration handed down an arbitral award in which it approved the collective accord on working conditions. However, the National Literacy Committee lodged an appeal against the award.
4. 883. The complainant trade union adds that the National Literacy Committee, for the purpose of revenge, began disciplinary proceedings against the general secretary of the trade union, asking that he justify his arrivals at and departures from the workplace, when in reality he has never been provided with the relevant card to do so.
5. B. The Government’s reply
6. 884. In its communication dated 4 January 2006, the Government indicates that the State has followed up the collective dispute declared by the complainant trade union, in which an arbitral award was handed down for the conciliation of the parties, which was appealed, the appeal being granted by way of a decision dated 13 December 2004. On 5 September 2005, an application was entered for the protection of constitutional rights (amparo) with the Chamber of Amparo and Antejuicio of the Supreme Court of Justice, where it is still pending.
7. 885. The Government adds that the State of Guatemala grants its inhabitants the legal means to apply to the competent bodies so that their rights can be restored, offenders can be found responsible and appear before the courts where they will be subject to the weight of the law.

C. The Committee’s conclusions

1. 886. The Committee observes that in this complaint the complainant trade union alleges that the members of its executive committee were threatened with dismissal, disciplinary proceedings were started against its general secretary and the National Literacy Committee put obstacles and delaying tactics in the way of collective bargaining.
2. 887. With regard to the alleged threat to dismiss the members of the Executive Committee of the complainant organization without the judicial authorization required by law, and the start of disciplinary proceedings against its general secretary, given the lack of specific observations by the Government, and noting that the alleged facts occurred during the process of collective bargaining, and, according to the complainant trade union, “were for the purpose of revenge”, the Committee emphasizes the principle that no person shall be prejudiced in his employment by reason of his trade union membership or legitimate trade union activities, whether past or present [see Digest of decisions and principles of the Freedom of Association Committee, 1996, 4th edition, para. 690], and that this principle is particularly important in the case of trade union leaders. The Committee also recalls the principle whereby the government is responsible for preventing all acts of anti-union discrimination and it must ensure that complaints of anti-union discrimination are examined in the framework of national procedures which should be prompt, impartial and considered as such by the parties concerned [see Digest, op. cit., para. 738]. This being the case, the Committee requests the Government to ensure that no leader of the Workers’ Union of the National Literacy Committee – and in particular its general secretary – is dismissed or prejudiced on account of his legitimate trade union activities, and to keep it informed of the measures taken in this regard.
3. 888. With respect to the alleged obstacles to collective bargaining and delaying tactics taken by the National Literacy Committee, the Committee notes that in its second communication the complainant organization indicated that the collective dispute was submitted to the judicial authority, which handed down an arbitral award in which the collective accord on working conditions was approved. The Committee also notes that according to the Government, the National Literacy Committee lodged an appeal with the judicial authority against the abovementioned arbitral award, an appeal that resulted in a decision dated 13 December 2004. Also, according to the Government, on 5 September 2005 an application was entered for the protection of constitutional rights with the Supreme Court of Justice, which is still pending. The Committee requests the Government to keep it informed of the result of the application for the protection of constitutional rights presented to the Supreme Court. On a general note, the Committee recalls that the principle that both employers and trade unions should negotiate in good faith and make efforts to reach an agreement means that any unjustified delay in the holding of negotiations should be avoided [see Digest, op. cit., para. 816].

The Committee's recommendations

1. 889. 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 ensure that no leader of the Workers’ Union of the National Literacy Committee – and in particular its general secretary – is dismissed or prejudiced on account of his legitimate trade union activities, and to keep it informed of the measures taken in this regard.
   • (b) The Committee requests the Government to keep it informed of the result of the amparo proceedings lodged before the Supreme Court relating to the arbitral award handed down by the judicial authority in which the collective accord on working conditions was approved.