Report in which the committee requests to be kept informed of development - Report No 358, November 2010

Case No 2646 (Brazil) - Complaint date: 09-MAY-08 - Closed

Allegations: The complainant organization alleges the dismissal of trade union officials and members for participating in a strike as well as other anti-union acts in the transport sector

1. 281. The complaint is contained in a communication of the National Federation of Metro System Transport Enterprise Workers (FENAMETRO) of 9 May 2008. The Committee last examined this case at its meeting in November 2009 and on that occasion presented an interim report to the Governing Body [see 355th Report, approved by the Governing Body at its 306th meeting in November 2009, paras 301–326]. At its meeting in June 2010, the Committee issued an urgent appeal to the Government drawing its attention to the fact that, in accordance with the procedural rules established in paragraph 17 of its 127th Report, approved by the Governing Body, it might present a report on the substance of the case at its next meeting even if the requested information and observations had not been received in full and in due time.
2. 282. The Government sent its observations in a communication dated 2 June 2010.
3. 283. Brazil has not ratified the Freedom of Association and Protection of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 284. At its meeting in November 2009, the Committee made the following recommendations [see 355th Report, para. 326]:
   • (a) The Committee requests the Government to take without delay all measures within its power to ensure as a matter of priority the reinstatement without loss of wages of the trade union officials and workers dismissed from the Compañia do Metropolitano de São Paulo enterprise for having participated in the work stoppages of 23 April and 1, 2 and 3 August 2007, as well as the reinstatement of those trade union officials dismissed from the Opportrans SA enterprise on the eve of a collective bargaining process in April 2007; if the competent authorities determine that reinstatement is not possible for objective and compelling reasons, adequate compensation should be awarded to remedy all damages suffered and prevent any repetition of such acts in the future, so as to constitute a sufficiently dissuasive sanction against acts of anti-union discrimination. The Committee requests the Government to keep it informed of any developments in this respect.
   • (b) The Committee requests the Government to take all necessary measures to carry out an investigation into the allegations regarding: (1) the recruitment of workers in the abovementioned company in the transportation sector in São Paulo enterprise to replace any workers participating in future strikes; and (2) the refusal by the abovementioned company in the transportation sector in Rio de Janeiro to recognize the members of the executive committee of the SIMERJ as trade union officials, and to keep it informed in this respect.

B. The Government’s reply

1. 285. In its communication of 2 June 2010, the Government reports that it requested the Labour Relations Departments of the Regional Labour and Employment Authorities of the states of São Paulo and Rio de Janeiro to call mediation meetings between the parties in relation to the Committee’s recommendations and to keep it informed on the outcome of these meetings.

C. The Committee’s conclusions

1. 286. The Committee recalls that when it examined this case, concerning the allegations of dismissal of union officials and members for participating in a strike as well as of other anti-union acts in the transport sector, at its meeting in November 2009, it requested: (1) the Government to take without delay all measures within its power to ensure as a matter of priority the reinstatement without loss of wages of the trade union officials and
   • workers dismissed from the Compañia do Metropolitano de São Paulo enterprise for having participated in the work stoppages of 23 April and 1, 2 and 3 August 2007, as well as the reinstatement of those trade union officials dismissed from the Opportrans SA enterprise on the eve of a collective bargaining process in April 2007; if the competent authorities determine that reinstatement is not possible for objective and compelling reasons, adequate compensation should be awarded to remedy all damages suffered and prevent any repetition of such acts in the future, so as to constitute a sufficiently dissuasive sanction against acts of anti-union discrimination; (2) the Government to take all necessary measures to carry out an investigation into the allegations regarding: (a) the recruitment of workers in the abovementioned company in the transportation sector in São Paulo to replace any workers participating in future strikes; and (b) the refusal by the abovementioned company in the transportation sector in Rio de Janeiro to recognize the members of the executive committee of the Union of Metro System Transport Enterprise Workers of Rio de Janeiro (SIMERJ) as trade union officials, and to keep it informed in this respect.
2. 287. In this regard, the Committee notes that the Government reports that it has requested the Labour Relations Departments of the Regional Labour and Employment Authorities of the states of São Paulo and Rio de Janeiro to call mediation meetings between the parties in relation to the Committee’s recommendations and to keep it informed on the outcome of these meetings. The Committee draws the Government’s attention to the need to urgently find a solution and points out that the meetings referred to by the Government should not delay the implementation of recommendations made by the Committee at its previous examination of the case. Under these circumstances, bearing in mind that the last examination of the case was in November 2009, the Committee firmly expects that the mediation proceedings mentioned by the Government cover all the pending allegations, are held without delay and allow satisfactory solutions to be found. The Committee requests the Government to keep it informed in this respect.

The Committee's recommendations

1. 288. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee firmly expects that the mediation proceedings between the National Federation of Metro System Transport Enterprise Workers (FENAMETRO) and the enterprises Compañía do Metropolitano de São Paulo and Opportrans SA of Río de Janeiro convened by the Government cover all pending allegations, are held without delay and allow satisfactory solutions to be found. The Committee requests the Government to keep it informed in this respect.
   • (b) The Committee draws the Government’s attention to the need to urgently find a solution and points out that the meetings referred to by the Government should not delay the implementation of recommendations made by the Committee at its previous examination of the case.