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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 72. In its previous examination of the case at its March 2010 meeting, the Committee made the following recommendations on the questions still pending [see 356th Report, para. 1024]:
- In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
- (a) With regard to the alleged dismissal of Mr José David Hernández Calderón, secretary of promotion and advertising of SEMTIAC, and while noting the Government’s statement that the request before the First District Labour Court of Managua is awaiting the Court’s ruling, the Committee requests the Government to keep it informed of the decision that is handed down.
- (b) Concerning the alleged dismissal without respect for trade union immunity or legal process of Mr José María Centeno, leader of the SINATRA–DGTT–MTI on 26 April 2007, the Committee calls on the Government to conduct an inquiry into the reasons for terminating his contract and, in the event it is found that the dismissal as due to his legitimate trade union activities, to endeavour to have him reinstated.
- (c) With respect to the alleged transfer of Mr Marcos Mejía López, member of the Executive Committee of the SEMTIAC, the Committee calls on the Government to conduct an inquiry into the reasons for his transfer and, in the event it is found that the transfer was due to his exercise of trade union activities, to take steps to have him transferred back to his previous post.
- (d) As regards the alleged anti-union dismissal of Ms Perla Marina Corea Zamora, Secretary-General of the Independent Workers Trade Union of the Ministry of Transport and Infrastructure, Ms Yerigel Zúñiga Izaguirre, the union’s finance secretary, Ms Lila Carolina Alvarado Muñoz, first spokesperson of the watchdog unit of the SEMTIAC, Mr Freddy Antonio Velásquez Luna, Secretary-General of the SITRAMTI and Secretary-General of the FEDETRASEP, Mr Jorge Boanerges Cruz Berríos, organization and information secretary of the SITRAMTI and spokesperson for the FEDETRASEP, Mr Byron Antonio Tercero Ramos, organization, records and agreements secretary of the SINTESESIP–MTI and Mr Francisco Zamora Vivas, finance secretary of the SITRAMTI, and while noting the Government’s statement that they had lodged appeals with the courts and that the appeals were awaiting the decision of the Constitutional Chamber of the Supreme Court of Justice, the Committee expects that the judicial authority will shortly hand down its decision and requests the Government to keep it informed of the outcome.
- (e) Relating the allegation that the current administration of the Ministry is infringing article 12 of the collective agreement in force concerning the resources that trade unions need to carry out their activities (computer with access to Internet, printer, office supplies, use of a vehicle, etc.) and that these facilities are made available only to a trade union that follows the party line, the Committee calls on the Government to conduct an inquiry into the matter and, in case of the veracity of the allegation, to take steps to bring the parties together and to ensure full compliance with the clauses of the collective agreement cited by the complainant organization.
- 73. In its communication of 9 December 2010, the Government states with regard to the alleged dismissal of Mr José David Hernández Calderón that his employment contract was terminated at the Ministry of Transport and Infrastructure (MTI) because he had occupied a position of trust at that institution. He lodged an appeal for constitutional protection (amparo) before the Managua Appeals Court. The court, in a ruling dated 20 June 2007, decided that the appellant Mr Hernández Calderón had not exhausted the available administrative channels and that therefore the application for amparo could not be admitted.
- 74. As regards the case of Mr José María Centeno, the Government states that he occupied a position of trust within the MTI as a department transport delegate in Nueva Segovia, and his employment contract was terminated on 12 April 2007 in accordance with article 14 of Act No. 476 concerning the civil service and the administrative career path. Subsequently Mr Centeno received due payment of his final pay and social benefits, which was confirmed by a document dated 2 May 2007.
- 75. As regards Mr Marcos Mejía López, the Government states that Civil Chamber No. 1 of the Managua Appeals Court ruled on 22 January 2010 that the appeal for amparo lodged by Mr Marcos Mejía López and others should be considered null and void.
- 76. The Government also states that the Supreme Court of Justice did not hand down rulings in favour of Ms Perla Marina Corea Zamora, Ms Yerigel Zúñiga Izaguirre, Ms Lila Carolina Alvarado Muñoz, Mr Freddy Antonio Velásquez Luna, Mr Jorge Boanerges Cruz Berríos, Mr Byron Antonio Tercero Ramos and Mr Francisco José Zamora.
- 77. As regards the violation of clause 12 of the collective agreement between the MTI and a number of trade unions of the same institution, the Government states that the Ministry has seven trade union organizations, namely: the Trade Union of Workers of MTI (SITRAMTI); Trade Union of Democratic Workers (SITRAD); Trade Union of Public Service Workers of the MTI (SINTESIP–MTI); Trade Union of Employees of the MTI “Andrés Castro” (SEMTIAC); National Trade Union of the SINATRA–DGTT–MTI; Independent Trade Union of Workers of MTI; and National “Heroes and Martyrs” Trade Union of MTI–UNE–STI. The Ministry has stated that its budget is not sufficient to satisfy the demands of all the trade unions mentioned, and the modest resources available to it are therefore distributed in a rational manner among the trade unions in question.
- 78. The Government also indicates that the collective agreement previously referred to was extended on 11 June 2009.
- 79. The Committee notes that for reasons of form or substance the judicial authority has not given rulings in favour of the trade unionists named in its previous recommendations (a), (c) and (d). The Committee will therefore not pursue its examination of these questions unless the complainant organization presents new information, which establishes a breach of Conventions Nos 87 and 98. The Committee also notes that, as regards recommendation (b), the Government states that Mr José María Centeno occupied a position of trust and his employment contract was terminated in accordance with legislation, and that he received final payment of the statutory benefits to which he was entitled.
- 80. As regards the alleged failure to implement article 12 of the collective agreement in force (concerning trade union facilities such as computers, printers and so on) by the MTI, the Committee notes the Government’s statement to the effect that its budget is not sufficient to satisfy all the demands of the seven trade unions that operate at the Ministry. The Committee recalls that collective agreements must be respected by the parties to them, especially when, as the Government has stated, the MTI collective agreement has been extended.
