Rapport intérimaire - Rapport No. 324, Mars 2001

Cas no 1948 (Colombie) - Date de la plainte: 09-DÉC. -97 - Clos

Allegations: Acts of anti-union discrimination

• Allegations: Acts of anti-union discrimination
  290. 290 The Committee last examined these cases at its meeting in May 2000 [see 322nd Report, paras. 38-52]. The Trade Union of Workers of the Bogotá Telecommunications Enterprise (SINTRATELEFONOS) presented new allegations in a communication dated 15 June 2000.
  291. 291 The Government sent its observations in communications dated 30 August 2000 and 4 January 2001.
  292. 292 Colombia 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. Previous examination of the cases

1. 293. In its previous examination of the cases, when it considered allegations of acts of anti-union discrimination, the Committee made the following recommendations [see 322nd Report, para. 52(b), (c), (d) and (e)]:
   • - the Committee requests the complainants to supply more precise information on whether the trade union officials Mr. Elías Quintana and Mr. Carlos Socha - dismissed according to the complainants - were workers of the ETB enterprise. As regards the allegations of the dismissal of a member of SINTRAELECOL from the Bogotá Power Company (whose name had not been provided by the complainants), the Committee requests the complainants to indicate the name of this member so that the Government may communicate its observations on the allegation;
   • - regarding the dismissal of 11 members of SINTRATELEFONOS at the ETB enterprise in January and March 1999, the Committee requests the Government to keep it informed of the results of the judicial proceedings filed by a female worker (Ms. Adelina Molina Cárdenas). Furthermore, the Committee requests the Government to carry out a thorough investigation into the grounds for dismissal of the 11 members of SINTRATELEFONOS and more specifically on whether these dismissals constituted acts of anti-union discrimination;
   • - regarding the trade union members dismissed in November 1997 at the ETB enterprise, the Committee requests the Government to keep it informed of the outcome of the judicial proceedings with respect to the workers in question; and
   • - the Committee requests the Government to communicate to it its observations on the new allegations presented by the Trade Union of Workers of the Bogotá Telecommunications Enterprise (SINTRATELEFONOS) in connection with this complaint in a communication dated 9 February 2000 (in this communication SINTRATELEFONOS refers to: (1) the judicial proceedings before the Constitutional Court relating to the 23 trade unionists dismissed in November 1997 at the ETB enterprise; and (2) the disciplinary proceedings initiated against the entire union executive committee for 1997-99, during which period SINTRATELEFONOS presented a list of petitions for 2000-01).

B. New allegations by the complainants

1. 294. In its communications of 9 June 2000 and 4 January 2001, the Trade Union of Workers of the Bogotá Telecommunications Enterprise (SINTRATELEFONOS) alleges that:
   • - the Ministry of Labour refuses to register Mr. Manuel Antonio Rodríguez Cárdenas and Mr. Alberto Gaona Hernández, who were elected by direct vote as union leaders and who were responsible for reporting to the Committee on Freedom of Association the union rights' violations against SINTRATELEFONOS; and
   • - Ms. Martha Querales and Mr. Jorge Iván Castañeda, members of the trade union SINTRATELEFONOS, were dismissed for reporting corruption among members of the enterprise's management.

C. The Government's reply

1. 295. In its communications of 30 August 2000 and 4 January 2001, the Government states:
   • - regarding the judicial proceedings begun by Ms. Adelina Molina Cárdenas against the Bogotá Telecommunications Enterprise (SINTRATELEFONOS), the proceedings have moved to the First Circuit Labour Court, have been recorded as case No. 115-2000, and are currently in the early stages. As regards the dismissal of the 11 workers who are members of SINTRATELEFONOS, the regional office of Cundinamarca carried out an administrative investigation in which it concluded that the dismissals occurred for reasons other than membership of a trade union or the carrying out of legitimate trade union activities. The dismissal was based on the workers' failure to meet their obligations and for their poor output, which both the collective labour agreement and the law stipulate as grounds for an employer to terminate a contract of employment, and resulted from changes in the structure of the office of the administrative vice-president and the vice-president for maintenance and networks. The workers had the option to appear before the legal authorities;
   • - regarding the dismissal of 23 trade union members in November 1997, Decision No. T-418 of 11 April 2000 of the Constitutional Court overturned the ruling of protection which ordered the reinstatement of those workers who had been dismissed by the ETB enterprise, taking into account the following: "in these circumstances, the corporation believes that the labour courts should have jurisdiction in the abovementioned cases of claims for reintegration and non-payment of salaries …". The Government states that the charges and claims brought by those seeking protection are contained in the legal actions of union and common labour jurisdiction before the labour courts. The Government indicates that it will communicate the results of the trade unions' legal proceedings currently before the ordinary courts when these become available (the Government attaches a detailed description of the 23 pending proceedings). The Government adds that some of the new allegations in the communication of 9 February 2000 refer to the decision of the Constitutional Court, which was mentioned in the previous report, and once the decisions of the legal proceedings brought by the trade unions have been handed down by the ordinary labour court it will inform the Committee of the results;
   • - regarding the non-registration of Mr. Manuel Antonio Rodríguez Cárdenas and Mr. Alberto Gaona Hernández as union leaders of SINTRATELEFONOS, the following administrative Acts were submitted to the Ministry of Labour and Social Welfare: (1) Decision No. 002898 of 19 November 1999 refused registration of the executive committee of SINTRATELEFONOS because the legal prerequisites laid down in Decree No. 1194 of 1994, subsection 2, had not been fulfilled; (2) Decision No. 003123 of 16 December 1999 gave recourse to replacement and revoked fully the resolution refusing registration, and in its place registered the abovementioned workers as president and vice-president of the executive committee of SINTRATELEFONOS; and (3) Decision No. 01183 of 14 June 2000 confirmed the abovementioned decision. The workers are registered on the executive committee of SINTRATELEFONOS.

D. The Committee's conclusions

1. 296. The Committee observes that, when it examined this case at its June 2000 meeting, it had requested the Government to take action or to provide information on a number of allegations. Specifically, the Committee asked the Government: (i) with regard to the dismissal of trade union members of SINTRATELEFONOS in January and March 1997, to provide information on the outcome of the judicial proceedings begun by Ms. Adelina Molina Cárdenas, and to investigate thoroughly the background to the dismissal of 11 trade union members of SINTRATELEFONOS and, more specifically, whether this was based on acts of anti-union discrimination; (ii) to keep it informed of the results of the judicial proceedings relating to the 23 trade union members who were dismissed in November 1997 from the ETB enterprise; and (iii) to communicate its observations on the allegations presented in the communication dated 9 February 2000 relating to a disciplinary process that had been started against the entire union executive committee for 1997-99, during which period SINTRATELEFONOS presented a list of petitions for 2000-01. Furthermore, the Committee notes that SINTRATELEFONOS presented new allegations relating to: (1) the refusal of the Ministry of Labour to register Mr. Manuel Antonio Rodríguez Cárdenas and Mr. Alberto Gaona Hernández as union leaders; and (2) the dismissal of Ms. Martha Querales and Mr. Jorge Iván Castañeda, members of SINTRATELEFONOS, for having reported corruption among members of the enterprise's management.
2. 297. Regarding the dismissal of 11 members of SINTRATELEFONOS at the ETB enterprise in January and March 1999, among whom was Ms. Adelina Molina Cárdenas, the Committee notes the Government's statement that: (1) the judicial proceedings started by Ms. Adelina Molina Cárdenas relating to her dismissal are in the early stages; and (2) relating to the 11 dismissals in general, an administrative investigation was undertaken which concluded that these dismissals were on grounds other than membership of a trade union organization or the performance of legitimate trade union activities and were based on the workers' failure to meet their obligations and their poor output, which both the collective labour agreement and the law stipulate as grounds for an employer to terminate a contract of employment, and that workers could appear before the legal authorities. In these circumstances, the Committee hopes that the judicial proceedings begun by Ms. Adelina Molina Cárdenas, dismissed in March 1999, will be resolved in the near future and requests that it be informed of the results.
3. 298. Regarding the judicial proceedings of the 23 trade union members dismissed from the ETB enterprise in November 1997, the Committee notes the Government's statement that the Constitutional Court overturned the ruling of protection which ordered the reinstatement of the dismissed workers and that union and labour claims were still before the ordinary courts. In this respect, the Committee expresses the firm hope that the legal authorities will come to a decision over these dismissals as soon as possible and asks the Government to ensure that the workers are reinstated if the new rulings order this to take place. The Committee requests the Government to keep it informed of the result of the judicial proceedings in question.
4. 299. Regarding the allegations of the refusal of the Ministry of Labour to register Mr. Manuel Antonio Rodríguez Cárdenas and Mr. Alberto Gaona Hernández as leaders of the trade union organization of SINTRATELEFONOS, the Committee notes with interest the Government's statement that according to the administrative decision of 14 June 2000 the workers in question were registered as members of the executive committee of SINTRATELEFONOS.
5. 300. Regarding the new allegations presented by SINTRATELEFONOS in connection with: (1) the disciplinary proceedings that had been started against the entire union executive committee of SINTRATELEFONOS for 1997-99, during which period a list of petitions for 2000-01 was presented ; and (2) the dismissal of Ms. Martha Querales and Mr. Jorge Iván Castañeda, members of SINTRATELEFONOS, for having reported corruption among members of the ETB enterprise management, the Committee regrets that the Government has not provided full information on these allegations and requests it to transmit its observations without delay.
6. 301. Finally, the Committee notes that the complainant organizations have not supplied the more precise information requested on: (i) whether union officers Mr. Elías Quintana and Mr. Carlos Socha - dismissed according to the complainants - were employees of the ETB enterprise; (ii) the name of the member of SINTRAELECOL who was allegedly dismissed by the Bogotá Power Company. In these circumstances, the Committee requests the complainant to communicate the information requested.

The Committee's recommendations

1. 302. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee hopes that the judicial proceedings begun by Ms. Adelina Molina Cárdenas, dismissed in March 1999, will be concluded in the near future and requests the Government to keep it informed of the result.
   • (b) Regarding the judicial proceedings relating to the 23 trade union members dismissed in 1997 from the ETB enterprise, the Committee urges the legal authorities to come to a decision as soon as possible and requests the Government to ensure that the decision is complied with if it orders the reintegration of the workers. The Committee requests the Government to keep it informed of the result of the judicial proceedings.
   • (c) The Committee requests the Government to send, without delay, its observations on the following allegations: (1) the disciplinary proceedings that were begun against the entire union executive committee of SINTRATELEFONOS for 1997-99, during which period a list of petitions for 2000-01 was presented; and (2) the dismissal of Ms. Martha Querales and Mr. Jorge Iván Castañeda, members of SINTRATELEFONOS, for reporting corruption among members of the management of the ETB enterprise.
   • (d) The Committee requests the complainants to supply more precise information on whether the trade union officials Mr. Elías Quintana and Mr. Carlos Socha - dismissed according to the complainants - were workers of the ETB enterprise. As regards the allegations of the dismissal of a member of SINTRAELECOL from the Bogotá Power Company (whose name had not been provided by the complainants), the Committee requests the complainants to indicate the name of this member so that the Government may communicate its observations on the allegation.