Rapport définitif - Rapport No. 218, Novembre 1982

Cas no 1039 (Espagne) - Date de la plainte: 23-MARS -81 - Clos

1. 32. The complaint is contained in a communication of the National Labour Force (FNT) dated 23 March 1981. The FNT sent additional information in communications dated 24 April and 30 June 1981 and 19 February 1982.
2. 33. The Government replied in communications of 15 July and 22 October 1982.
3. 34. Spain has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 35. In its communication of 23 March 1981, the FNT alleges that on 6 March 1981 the County Council ("Disputación Provincial") of Madrid instituted disciplinary proceedings against Mr. Augusto Pereira Martinez de Abaria, a member of the Committee of public servants of the Health Department of Madrid County council, suspending him from his job and deducting one-third of his salary for intervening as a trade union representative at a meeting where he denounced the appointment of an anaesthetist to a post in the operating theatre of the Madrid Provincial Hospital without respect for the established order of priority. In its communication of 30 June 1981 the FNT states that the case against Mr. Pereira was dismissed as a result of the pressure exerted by a large number of the staff of the Madrid Provincial Hospital during a ten-day strike; it encloses an agreement between the County Council and the doctors' representatives, settling the dispute and providing for dismissal of the case which had been brought. The complainant adds in its communication of 19 February 1982 that new disciplinary proceedings have been instituted against trade union representative Dr. Ramiro Rivera, head of the Cardiovascular Surgery Department, without the works council having been informed, as is required.
2. 36. The complainant alleges further that on 18 February 1981 the city councillor for traffic of the Madrid City Council barred Mr. Jaime Alonso Garcia, national Head of the FNT, from entering and attending one of the City Council's meetings in which trade union representatives of workers in the taxi sector take part, requiring that he show proof of his competence to represent this sector. In reply to Mr. Alonso's question whether the other trade union confederations had proved their representative capacity, he was told that they did not need to.

B. The Government's reply

1. 37. In its communications of 15 July and 22 October 1982, the Government states that by a Decree of the Chairman of the County Council of 10 July 1982, Dr. Ramiro Rivera was penalised by being suspended from his duties for a maximum period of six years in accordance with the investigator's report, for a very serious breach of professional discipline, covered by the provisions of section 50.5 of Decree No. 315/1964 on public servants of the State, which is applied as a supplementary law. The charges against Dr. Rivera on which the disciplinary proceedings against him were founded included unjustifiably cutting down activity and using the documentation of the Provincial Hospital for purposes other than those of his actual duties. As regards Dr. Augusto Pereira, the case against him has been dismissed and the money due to him has been paid in pursuance of the Decree of 27 April 1982 of the Chairman of the County Council.

C. The Committee's conclusions

1. 38. As regards the disciplinary proceedings instituted against trade union leader Augusto Pereira, the Committee notes that, according to the complainant, the dispute which arose in the Madrid Provincial Hospital has been settled by an agreement between the County Council and the doctors' representatives, providing, in particular, for the dismissal of the disciplinary proceedings which had been instituted. Therefore, the Committee considers that this allegation does not call for further examination.
2. 39. As regards the disciplinary proceedings instituted against trade union representative Dr. Ramiro Rivera, the Committee notes that, according to the Government's statement, these proceedings were instituted as a result of various breaches of discipline (unjustifiably cutting down activity, using documentation of the Madrid Provincial Hospital for purposes other than those of his actual duties, etc.). The Committee observes in addition that, as a result of the investigation which was carried out, Dr. Rivera was penalised by being suspended from his duties for a maximum period of six years for a very serious breach of labour discipline. In these circumstances, as the complainant has not mentioned the existence of any reasons of an anti-trade union nature which may have motivated the institution of the proceedings, the Committee considers that this allegation does not call for further examination.
3. 40. The Committee notes the allegation that the city councillor for traffic of the Madrid City Council barred Mr. Jaime Alonso, national Head of the FNT, from entering one of the meetings held regularly by the City Council and in which trade union representatives for the taxi sector take part, and required that he prove his competence to represent the sector. It also notes that no such requirement has been addressed to the representatives of other trade union confederations. The Committee observes that, while the Government has not sent its observations on this allegation, the complainant, for its part, has not provided any information which might make it possible to determine that there was in fact a violation of freedom of association, particularly as it has not explained the purpose of the trade union meeting in question, nor provided figures justifying the FNT's representation in the taxi sector. In these circumstances, as it is not in a position to draw conclusions on the matter, the Committee considers that this allegation does not call for further examination.

The Committee's recommendations

1. 41. In these circumstances, the Committee recommends the Governing Body to decide that this case does not call for further examination.