Informe provisional - Informe núm. 308, Noviembre 1997

Caso núm. 1927 (México) - Fecha de presentación de la queja:: 30-MAY-97 - Cerrado

Allegations: Acts of anti-union discrimination within the framework of collective bargaining with a minority trade union

1. 541. The complaint in this case appears in a communication from the Trade Union of Workers of the Roche Syntex Group (STGRS) of May 1997. Additional information was forwarded by the complainant in a communication of 1 July 1997. The Government sent its observations in communications dated 7 June and 9 October 1997.
2. 542. Mexico has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but has not ratified the Right to Organise and Collective Bargaining Convention, 1948 (No. 98).

A. The complainant's allegations

1. 543. In its communication of May 1997, the Trade Union of Workers of the Roche Syntex Group (STGRS) alleges that on 4 March 1997 the Grupo Roche Syntex de México S.A. de C.V. enterprise registered with the Federal Conciliation and Arbitration Board a collective agreement signed with a trade union different from that of the enterprise, the "Justo Sierra" Progressive Trade Union of Service Workers of the Mexican Republic (SPJSTS). The complainant points out that this collective agreement establishes rights which are well below existing rights and that the enterprise created an artificial majority representation covering the entire pharmaceutical group by considering as trade union members all staff in positions of trust, establishing new posts and including categories already regulated by the collective agreement in force. The trade union points out that the collective agreement which it had concluded covers all the trade union staff of the Roche Syntex Group in Mexico City, with the exception of staff in positions of trust, staff recruited to provide professional services and staff contracted for construction and repair work. The complainant adds that although it represents the majority of the workers, the enterprise chose another trade union with which to conclude a collective agreement establishing conditions of work and benefits which are significantly inferior to those established by the collective agreement in force.
2. 544. The complainant adds that on 10 March 1997 it was informed by a member of the enterprise management that it had been decided that 19 posts would be suppressed and that four members of the trade union executive committee and 15 trade unionists had been dismissed. The complainant states that on 12 March 1997 it requested the intervention of the Under-Secretary of Labour of the Secretariat of Labour to obtain the reinstatement of the dismissed persons and that these authorities summoned the enterprise and the trade union on a number of occasions for the purposes of conciliation. Furthermore, the complainant states that within the framework of a campaign launched by the enterprise to force workers into joining the "Justo Sierra" Progressive Trade Union of Service Workers of the Republic of Mexico (SPJSTS), a number of meetings were held at which workers were informed that if they did not join this trade union they would be dismissed in the same way as the 19 other workers. The complainant also states that on 8 May 1997 the enterprise summoned all workers and told them to resign from the Trade Union of Workers of the Roche Syntex Group (STGRS) and that on the 13th of the same month the enterprise modified work shifts and made workers attend a meeting, from which the officials of the complainant organization were excluded, at which they were told that the enterprise had decided not to recognize the trade union which had concluded the collective labour agreement and that they were all required to join the "Justo Sierra" Progressive Trade Union of Service Workers of the Mexican Republic (SPJSTS).
3. 545. Finally, in its communication of 1 July 1997, the complainant alleges that on 27 June 1997, the Roche Syntex enterprise dismissed its General Secretary, Mr. Eladio Perez Rubí, for having denounced before national public opinion, the existence of the above-noted events.

B. The Government's reply

1. 546. In its communication of 9 June 1997, the Government states that in the month of March 1997, the Trade Union of Workers of the Roche Syntex Group (STGRS) requested the intervention of the Secretariat of Labour and Social Insurance, claiming that the Roche Syntex enterprise was violating the collective agreement by the unjustified dismissal of 19 unionized workers who were employed in the storage, stocks, packing, loading and delivery departments. Initially, the negotiations did not produce any positive results because of the distant relationship which had existed for a number of months between the trade union and the enterprise, and which deteriorated during the course of the annual wage review. The Government adds that on 4 March 1997 the Grupo Roche Syntex de México S.A. de C.V. enterprise and the "Justo Sierra" Progressive Trade Union of Service Workers of the Mexican Republic (SPISTS) registered with the Federal Board of Conciliation and Arbitration a collective agreement which covered the administrative workers and sales staff of this enterprise. Subsequently, this trade union requested that it should replace the Trade Union of Workers of Roche Syntex as the titular collective bargaining organization, basing its request on the grounds of its majority representation of occupational interests. On 27 May 1997 the "Justo Sierra" Progressive Trade Union of Service Workers of the Mexican Republic (SPJSTS) and the Grupo Roche Syntex de México S.A. de C.V. enterprise appeared before the Federal Board of Conciliation and Arbitration to terminate the collective agreement which they had concluded, and to recognize that the majority trade union representation corresponded to another trade union organization. On 3 June 1997, the Trade Union of Workers of the Roche Syntex Group (STGRS) held an extraordinary general meeting democratically and in exercise of the freedom of association established by legislation to decide on the continuation in office of the executive committee or the election of a new committee to represent members. All the workers participated in this electoral process and agreed that such an election should be held. On the same date a new executive committee was duly registered with the Secretariat, at the request of the trade union organization, since conciliation talks were under way for the purposes of a wage review and the registration of its legal personality.
2. 547. On 6 June the Trade Union Workers of the Roche Syntex Group (STGRS) signed a wage review agreement with the Grupo Roche Syntex S.A. de C.V. enterprise which allowed the matter to be definitively closed. The Trade Union of Workers of the Roche Syntex Group (STGRS) would continue to be the titular organization and administrator of the collective agreement which regulates worker-employer relations in the Grupo Roche Syntex S.A. de C.V. enterprise.
3. 548. The Government states that there has been no infringement of the principles established by Convention No. 87 respecting freedom of association and collective bargaining.
4. 549. In respect of the allegations concerning the dismissal of Mr. Eladio Perez Rubí from the Roche Syntex enterprise for having signed the complaint in question, the Government indicated, in its communication of 9 October 1997, that it was not aware that this worker had been dismissed, but in the event that this is true, Mr. Rubí did not occupy a post in the trade union at Roche Syntex enterprise at the time of the alleged dismissal. In any event, this worker can lodge a complaint concerning the actions which he considers to have violated the Labour Code before the labour courts if he so wishes.

C. The Committee's conclusions

1. 550. The Committee notes that in this case the complainant (Trade Union of Workers of the Roche Syntex Group (STGRS)) alleges that the Grupo Roche Syntex de México S.A. de C.V. enterprise negotiated a collective agreement covering all the workers with a minority trade union ("Justo Sierra" Progressive Trade Union of Service Workers of the Mexican Republic (SPJSTS)), as well as 19 cases of anti-union dismissal of trade union officials and members and threats of dismissal against workers of the enterprise to force them to leave the complainant organization.
2. 551. As regards the allegation concerning the conclusion of a collective agreement covering all the workers with a minority trade union (the SPJSTS) to the detriment of the complainant, the Committee notes that the Government states that on 27 May the minority trade union (SPJSTS) and the Grupo Roche Syntex de México enterprise terminated the collective agreement which they had concluded, recognizing that the majority trade union representation corresponded to another trade union organization; and that subsequently the majority trade union (Trade Union of Workers of the Grupo Roche Syntex, the complainant in this case) signed a wage review agreement with the enterprise on 6 June 1997 (after the presentation of the complaint to the Committee). In these circumstances, the Committee requests the Government to provide a copy of this agreement. The Committee also requests the Government to provide specific information with respect to the relations between the two existing unions in the enterprise and any disputes that may exist.
3. 552. As regards the allegation concerning the anti-union dismissal of 19 trade union members (including four members of the complainant's executive committee), the Committee notes that the Government states that the trade union organization requested the intervention of the Secretariat of Labour and Social Insurance and that "the negotiations did not produce any positive result because of the distant relationship which had existed for a number of months between the trade union and the enterprise, and which deteriorated during the course of the annual wage review". In this respect, the Committee requests the Government to provide detailed information and observations concerning the facts that led to the dismissals and the allegations of their anti-union nature.
4. 553. As regards the allegation concerning the threats of dismissal by the management of the Grupo Roche Syntex de México S.A. de C.V. enterprise to make the workers leave the complainant and join the "Justo Sierra" Progressive Trade Union of Service Workers of the Mexican Republic (SPJSTS), the Committee regrets that the Government has not furnished observations on this matter. In these circumstances, the Committee requests the Government to forward its observations on this matter as soon as possible.
5. 554. Finally, regarding the dismissal of Mr. Eladio Perez Rubí, General Secretary of the complainant organization which occurred, according to the allegations, as a result of the submission of the present complaint, the Committee notes the Government's indication that it was not aware that this worker had been dismissed and that he was not the General Secretary of the complainant organization at the time that he was allegedly dismissed. In these circumstances, the Committee requests the Government to carry out an investigation into the facts which led to the dismissal of Mr. Eladio Perez Rubí from the Roche Syntex enterprise and to keep it informed in this respect. The Committee also requests the Government to indicate whether the worker in question has filed an appeal before the court.

The Committee's recommendations

1. 555. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to forward to it a copy of the wage review agreement of 6 June 1997 concluded between STGRS and the Grupo Roche Syntex de México S.A. de C.V. The Committee also requests the Government to provide specific information with respect to the relations between the two existing unions in the enterprise and any disputes that may exist.
   • (b) The Committee requests the Government to provide detailed information concerning the facts that led to the dismissal of 19 trade union officials and members of the Trade Union of Workers of the Roche Syntex Group (STGRS) and regarding the anti-union nature of such dismissals.
   • (c) Concerning the alleged threats of dismissal by the management of the Grupo Roche Syntex de México S.A. de C.V. enterprise to make the workers leave the STGRS and join the "Justo Sierra" Progressive Trade Union of Service Workers of the Mexican Republic (SPJSTS), the Committee requests the Government to forward its observations on this matter as soon as possible.
   • (d) The Committee requests the Government to carry out an investigation into the allegation of dismissal of Mr. Eladio Perez Rubí from Roche Syntex enterprise and the facts which led to the dismissal and to keep it informed in this respect and to indicate whether the worker in question has filed an appeal before the court.