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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- 21. The Committee examined this case, in which the complainant alleged
that, in compliance with a ruling by the Office of the Comptroller General of the
Republic, a state-owned bank amended a provision in a collective agreement signed with
the Labour Union of the National Bank of Costa Rica (SEBANA), at its meeting of June
2017 (see Report No. 382, paragraphs 275–296). On that occasion, emphasizing the
importance of settling differences of interpretation of collective agreements by the
mechanisms provided for such purpose in the agreement itself or, in any event, by an
impartial mechanism which should be accessible to both parties signatory to the
agreement, such as a judicial body, the Committee requested the Government and the
complainant to keep it informed of the outcome of the judicial proceedings under
examination.
- 22. In its communications dated 20 July 2018 and 28 July 2022, the
Government provides information relating to four judicial proceedings and indicates that
two of them (cases Nos 15-00713-0166-LA and 15-008666-1027-CA), instituted by SEBANA in
relation to the Bank’s action in compliance with the ruling of the Comptroller General
of the Republic, had concluded with decisions in favour of the Bank, and that the other
two proceedings (cases Nos 15-000780-0166-LA and 15-001477-0166-LA) had not yet been
concluded.
- 23. The Committee notes the information provided by the Government.
Trusting that the two judicial proceedings that remain under examination will be
resolved as soon as possible and observing that no information has been received from
the complainant in this regard, the Committee considers that this case is closed and
will not pursue its examination.
