Rapport intérimaire - Rapport No. 233, Mars 1984

Cas no 1207 (Uruguay) - Date de la plainte: 02-JUIN -83 - Clos

1. 404. The complaint is contained in a communication from the World Confederation of Labour (WCL) dated 2 June 1983. The Government replied in communications dated 31 October and 15 November 1983.
2. 405. Uruguay 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. 406. The complainant alleges that on 26 November 1982 the undertaking "Frigorífico Pesquero del Uruguay (FRIPUR) S.C." (Uruguay Fishing and Freezing Company) unilaterally decided to amend the wage system applicable to fishermen (who are paid a percentage of the value of the tonnage of the catch) by changing the value of the tonnage of the catch from 200 dollars to 2,650 new pesos, and thus reducing wages by more than 70 per cent. Some months later, after discussion with the management of the undertaking, the reduction in wages was set at 30 per cent with regard to the level prior to November 1982.
2. 407. As a result of this situation and a series of irregularities in the undertaking concerning contracts and the payment of wages, the workers of FRIPUR decided to establish an occupational association. According to the complainant, in order to set up this occupational association, the workers were required to request authorisation from the Ministry of Labour and Social Security as well as from the police headquarters, which refused the request on the grounds that the signatory, Mr. Roberto Alfonso, had espoused ideological beliefs which disqualified him from becoming a trade union leader and of which he himself was unaware. For this reason the workers were required to request new authorisations.
3. 408. The complainant continues that the constituent general meeting was held on 31 January 1983 and that the new association was registered with the Ministry of Labour on 4 March. A letter of presentation was sent to the undertaking and to the Director of the Merchant marine giving the names of the elected leaders and referring to the need to draw up a work contract in accordance with the provisions of ILO Convention No. 114, ratified by Uruguay on 30 April 1973 by Act No. 14114. According to the complainant, on 9 March 1983, two of the trade union leaders who signed the above-mentioned letter of presentation (Messrs. Fredy Serpa and Oscar Leal) were dismissed; the third signatory had been at sea since 5 March and thus could not be dismissed.
4. 409. The complainant points out that after a complaint had been lodged with the Ministry of Labour and Social Security on the same day, the latter ordered the reinstatement of the trade union leaders dismissed; the undertaking challenged the legality of the association set up since it claimed that the fishermen were partners in production and therefore could not become trade union members. The undertaking decided to reinstate Mr. Oscar Leal from 19 March and informed him that ranking staff (captains and engineers) would not be permitted to join the association.
5. 410. As regards Mr. Fredy Serpa (engineer) the complainant points out that his status as a worker in the undertaking was called into question on 30 January 1983 (date of the constituent general meeting of the association) and 4 March 1983 (registration of the association) since his name did not appear on the work roster. Because of this irregularity, the association produced a certificate of his period of work during the previous year and showed that he was on the dates in question on leave of absence and compensatory leave for work carried out during 1982, as well as the captain's statement certifying the allegation of the association.
6. 411. The complainant alleges furthermore that on 25 April 1983, after a prejudicial campaign had been waged against him, Mr. Daniel Cocchi, leader of the association, and captain of the vessel in which Mr. Serpa was sailing, and who had confirmed the leave of the latter, was himself dismissed.
7. 412. The complainant also alleges that although Act No. 15137 of 1981 respecting occupational associations stipulates that the elections of permanent authorities must be held 60 days after the registration of associations, this is impossible since neither the Ministry of Labour nor the electoral college have established the form in which such elections should be held. Finally, the complainant alleges that the right to strike was regulated by Decree No. 622/973 in such a way that it cannot be exercised without being classified as illegal. [The Committee will study the allegations contained in this paragraph in its examination of Case No.]209.]

B. The Government's reply

1. 413. The Government states that although it is true that some workers of the undertaking Frigorífico Pesquero del Uruguay (FRIPUR) S.C. completed all the administrative steps required for the establishment of a workers' association (presentation of the list of officers provisionally appointed and the statutes) the affirmation concerning the registration of the association is incorrect and thus, since the latter is devoid of legal personality, the officers provisionally appointed enjoy powers of representation only for the purposes of completing the necessary steps to set up the association.
2. 414. The Government also states that, at the request of one of the parties concerned, the Secretariat of State for Labour acted as mediator in the matter regarding the dismissal of Messrs. Fredy Serpa, Oscal Leal and Daniel Cocchi and that the first of these has been working normally since 1 October 1983.
3. 415. With regard to the dismissal of Mr. Cocchi, captain of one of the FRIPUR vessels, the undertaking decided not to extend his employment beyond 25 April 1983 for acts and omissions which in its view undermined the trust upon which the working relationship was based and decided in principle that the representation of the shipowner vis-à-vis the workers would be assumed on board by the captain. Independently, the request presented by the shipowner of the fishing vessel "Marina Rajamar", regarding the revision of the rating awarded to the captain of the said vessel, Mr. Daniel Cocchi, was submitted to the Disciplinary Court of the Registry Office of the Merchant Marine, which is responsible to the National Naval Prefecture. At the conclusion of its proceedings, the above-mentioned court advised the Registrar and the Director of the Merchant Marine to reconsider the rating awarded to captain Cocchi and to reduce it to "passable" for service and conduct; to withdraw the service book for a period of six months for the infringement of various regulations governing service on board vessels and disciplinary regulations; and to establish that there was just cause for dismissal.
4. 416. As regards the dismissal of Mr. Leal, the Government points out that during the administrative proceedings only the certificate of disembarkation was requested from the undertaking, and that the shipowner undertook to implement the provisions in force. The Government adds that the Disciplinary Court of the Registry Office of the Merchant Marine, after having been informed that the owner of the fishing vessel "Laura Adriana" had discharged the above-mentioned engineer on 26 July 1983, recommended, after the conclusion of the appropriate proceedings, that the discharge and the rating recorded in the service book of Mr. Leal should be maintained and, in accordance with the regulations governing the conduct of crews on vessels of the merchant marine, that it should be established that there was just cause for dismissal.
5. 417. The Government encloses a copy of the various administrative decisions concerning the alleged dismissals.

C. The Committee's conclusions

1. 418. In the present case the complainant has alleged the dismissal of three trade union leaders of the Association of Ships' Crews of the undertaking FRIPUR (APEEF), Messrs. Fredy Serpa, Oscar Leal and Daniel Cocchi. The first two were allegedly dismissed on 9 March 1983, five days after APEEF informed the undertaking of the names of the trade union leaders elected by the constituent general meeting of this association; the third was allegedly dismissed for having supported the reinstatement of Mr. Serpa. The complainant also alleges that in order to set up the association APEEF, the workers of FRIPUR had to request an authorisation from the Ministry of Labour and another from the police headquarters, which was refused because one of the signatories (Mr. Roberto Alfonso) had espoused ideological views which disqualified him from becoming a trade union leader, and thus the workers had to request new authorisations.
2. 419. The Committee takes note of the statements of the Government on the alleged dismissals. The Committee notes in particular that according to the Government Mr. Fredy Serpa has been working normally since 1 October 1983.
3. 420. The Committee also observes that according to the complainant, Mr. Oscar Leal returned to the undertaking on 19 March 1983 (ten days after his dismissal). However, from the documentation sent by the Government, it appears that Mr. Oscar Leal was discharged (and therefore dismissed) from the fishing boat "Laura Adriana" on 26 July 1983 and that when the undertaking FRIPUR and Mr. Leal appeared before the administrative authorities, Mr. Leal did not request his reinstatement. For this reason the Committee considers that it would not be appropriate to proceed with its examination of this allegation.
4. 421. However, given that the trade union leader Fredy Serpa remained dismissed between 9 March and 1 October 1983 and that the Government has not denied that Mr. Leal was dismissed initially on 9 March 1983 although he was reinstated ten days later, the Committee draws the attention of the Government to the fact that the dismissal of trade union leaders by reason of union membership or activities is contrary to Article 1 of Convention No. 98. In addition, it points out that such dismissals could amount to intimidation aimed at preventing the free exercise of their trade union functions.
5. 422. As regards the dismissal of the trade union leader Mr. Daniel Cocchi, the Committee notes that, according, to the Government, he was dismissed on 25 April 1983 for acts and omissions which undermined the trust placed in this ship's captain. The Committee requests the Government to indicate specifically which concrete acts and omissions led to the dismissal of Mr. Cocchi, in order that it may reach a decision based on a full knowledge of the facts.
6. 423. Finally, the Committee observes that the Government has not replied to the allegation that the APEEF was required to request administrative authorisations (from the Ministry of Labour and from the Police) for its establishment, and to the allegation that Mr. Roberto Alfonso was disqualified from acting as a trade union leader because of his "ideological" views. The Committee requests the, Government to send its observations on these aspects of the case.

The Committee's recommendations

1. 424. In these circumstances, the Committee recommends the Governing Body to approve the present interim report and in particular the following conclusions:
   • (a) As regards the dismissal of two trade union leaders on 9 March 1983, the Committee takes note that one of them has been reinstated in his workplace and that another did not request reinstatement at the appropriate time before the administrative authorities.
   • (b) The Committee notes that, according to the Government, the trade union leader Mr. Daniel Cocchi was dismissed for acts and. omissions which undermined the trust which had been placed in this ship's captain. In order that it may examine this allegation in full knowledge of the facts, the Committee requests the Government to indicate specifically which concrete acts and omissions led to the dismissal of this trade union leader.
   • (c) The Committee draws the attention of the Government to the fact that the dismissal of trade union leaders by reason of union membership or union activities is contrary to Article 1 of Convention No. 98, and could involve intimidation aimed at preventing the free exercise of their trade union functions.
   • (d) The Committee requests the Government to send its observations on the allegation that the APEEF was required to request administrative authorisations (from the Ministry of Labour and the Police) for its establishment.
   • (e) The Committee requests the Government to send its observations on' the allegation that Mr. Roberto Alfonso had been disqualified from acting as a trade union leader because of his "ideological" views.