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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
- 132. At its meeting in November 2002, the Committee formulated conclusions on an allegation that had remained pending in relation to this case and refers to the dismissal of members of ASPA. The complainant (ASPA) had alleged in June 2001 that, following ASPA’s decision to demand a collective agreement for AVIACSA pilots, a number of pilots had been unfairly dismissed only because they supported ASPA, including Captain Emilio Alberto Zárate González, Captain Andrés Flores López, Captain Gerardo Gorría Carmona, Captain Ismael Cruz Román, Captain Marcos Guillermo Mendoza Escobar, Captain Luis Fernando del Río Leal, Captain Manuel Tostado Almazán, Captain José Eduardo Rodríguez Normandía, Captain Gerardo Serrato Sala, Captain Jorge Eduardo Moreno Aguirre, Captain Ari Rafael Rose Errejón and Captain Mario Rafael Escalera Cárdenas. As a consequence of the unfair dismissals, individual appeals against dismissal were lodged and are being processed by Special Council No. 2 of the Federal Council for Conciliation and Arbitration under case numbers 332/2000, 333/2000, 334/2000, 336/2000 and 350/2000 [see the Committee’s 328th Report, para. 497]. In June 2002, ASPA alleged that the company again dismissed more pilots between April and May 2002 for voting in favour of ASPA at the most recent ballot on 13 March 2002 [see the 329th Report, para. 89]. At its November 2002 meeting, the Committee made the following recommendations [see the 329th Report, para. 101]:
- As regards the dismissals of the ASPA members referred to by the Committee in its previous examination of the case, the Committee observes that the judicial proceedings are still pending. The Committee requests the Government to take the appropriate measures to ensure that those proceedings are concluded as quickly as possible and, if the anti-union nature thereof is proven, that the dismissed workers are reinstated immediately, without loss of pay. In addition, the Committee notes with concern the allegations relating to the dismissal of new workers for voting in favour of the ASPA trade union organization. The Committee notes the high number of dismissals in the context of a collective bargaining dispute and that the Government merely points out the existence of the possibility of taking legal action. The Committee recalls that no person should be dismissed or prejudiced in his or her employment by reason of trade union membership or legitimate trade union activities [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 696]. The Committee requests the Government to ensure that the relevant inquiries are conducted immediately and, if the anti-union nature of these latest dismissals is proven, to consider the possibility of ensuring the reinstatement of these workers as soon as possible. The Committee requests the Government to keep it informed in this respect.
- 133. In its communication of 21 January 2003, the Government supplied information on the status of the cases relating to the 12 individuals named by the complainants that are currently being examined by the Federal Council for Conciliation and Arbitration (a jurisdictional body) and have not yet been concluded. The Government states that it is this Council that will have to rule on whether the workers were dismissed unjustifiably for their trade union activities. In its communication dated 14 February 2003, the Government requests the complainant to indicate the court and the number of the file of any other cases of dismissal that have not been resolved.
- 134. Under these circumstances, the Committee requests the Government to inform it of the outcome of all of the cases relating to dismissals and hopes that judicial rulings will be handed down in the near future.
