Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 320, Mars 2000

Cas no 1992 (Brésil) - Date de la plainte: 31-AOÛT -98 - Clos

Allegations: Dismissals following a strike and other acts of anti-union discrimination

1. 286. The Committee last examined this case at its June 1999 meeting (see 316th Report, paras. 130-150). The Government sent its observations in a communication dated 15 September 1999.
2. 287. Brazil has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); however, it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 288. In its previous examination of the case, dealing with allegations referring to a collective dispute between the Brazilian Post and Telegraph Enterprise (ECT) and the National Federation of Workers of Post and Telegraph and Similar Enterprises (FENTECT) which, in a context of negotiation of a collective agreement and following a strike, culminated in mass dismissals of strikers and other acts of anti-union discrimination, the Committee formulated the following recommendations (see 316th Report, para. 150(a), (b), (c) and (d)):
2. The Committee requests the Government to inform it of the grounds for the dismissal of 54 workers following the strike held in September 1997 of the Brazilian Post and Telegraph Enterprise (ECT);
3. The Committee requests the Government to send it a copy of the new labour relations regulations at the Brazilian Post and Telegraph Enterprise (ECT), in order to compare them with the previous regulations;
4. The Committee requests the Government to send its observations concerning the allegation about the impossibility, following the September 1997 strike at the Brazilian Post and Telegraph Enterprise (ECT), for the trade union leaders to have access to the workplace;
5. The Committee requests the Government to provide information on compliance, in practice, with clause 29, subclauses 1, 2 and 3, of the collective agreement applicable to the ECT enterprise, which relates to time off from work for trade union leaders so that they can carry out their trade union activities.
6. B. The Government's further reply
7. 289. In its communication of 15 September 1999, the Government states in response to the request for information on the grounds for the dismissal of 54 workers following the strike held in September 1997 in the Brazilian Post and Telegraph Enterprise (ECT) that: (1) the strikers committed various acts of violence and vandalism (damage to public property; insulting employees and managers of the ECT and users; physically assaulting employees and invasion of public premises) without respecting the law and ethical principles; (2) the ECT reviewed the dismissals for just cause of 157 workers, and decided to reinstate 103 of them and maintain the dismissals of the remaining 54; (3) the acts committed by the 54 workers who were not reinstated consisted of damage to ECT property, physical or moral attacks on employees and the authorities, violent picketing, etc.; and (4) the 54 workers in question lodged individual appeals with the judicial authorities and the ECT is awaiting the decisions on them.
8. 290. Concerning the new labour relations regulations in the ECT enterprise, the Government states that the Labour Relations Manual published by the ECT contained a series of general guidelines aimed at fostering good relations between the employer and workers, but that they had been improved over time and are now designed to provide guidance to all the enterprise's managers. The Government sends a copy of the new regulations issued by the ECT, stating that they cover the following topics: dispute management; the contingency plan (laying down guidelines for achieving the best solution in the event of strikes), the collective bargaining process; and trade union legislation.
9. 291. Concerning the allegation about the impossibility, following the September 1997 strike at the ECT enterprise, for the trade union leaders to have access to the workplace, the Government states that the terms of the collective agreements signed between the ECT and the FENTECT provide for access by union officers to the buildings, the time and duration of their visits being regulated according to the unit to be visited. Under the agreements, access by union officers must be planned ahead of time so as not to disrupt the service. The Government adds that the legislation provides that the parties concerned may apply to the courts to obtain prompt application of a provision laid down in a collective agreement or a judicial award and that there is no evidence that the trade union organizations have instituted any administrative or judicial proceedings against the ECT in this respect.
10. 292. Concerning compliance in practice with clause 29, subclauses 1, 2 and 3, of the collective agreement applicable to the ECT enterprise, which relates to time off from work for trade union leaders so that they can carry out their trade union activities, the Government points out that the collective agreements signed between the ECT and FENTECT contain a clause regulating leave for union officers (number of officers granted leave, period of leave granted and procedure for requesting leave). The Government adds that the ECT pays a certain number of officers their wages and other statutory benefits as if they were working.

C. The Committee's conclusions

1. 293. The Committee observes that in its previous examination of the case it had requested the Government to: (1) inform it of the grounds for the dismissal of 54 workers following the strike held in September 1997 of the Brazilian Post and Telegraph Enterprise (ECT); (2) to send it a copy of the new labour relations regulations at the Brazilian Post and Telegraph Enterprise (ECT), in order to compare them with the previous regulations; (3) to send its observations concerning the allegation about the impossibility, following the September 1997 strike at the Brazilian Post and Telegraph Enterprise (ECT), for the trade union leaders to have access to the workplace; and (4) to provide information on compliance, in practice, with clause 29, subclauses 1, 2 and 3, of the collective agreement applicable to the ECT enterprise, which relates to time off from work for trade union leaders so that they can carry out their trade union activities.
2. 294. Concerning the information requested on the grounds for the dismissal of 54 workers following the strike held in September 1997 in the Brazilian Post and Telegraph Enterprise (ECT), the Committee notes that the Government informs it that: (1) 103 of the 157 dismissed workers have been reinstated by the enterprise; and (2) the dismissal of the 54 workers who were not reinstated was based on the grounds of their having committed acts of violence such as damage to ECT property, physical or moral attacks on employees and ECT authorities and violent picketing. The Committee also notes that the persons concerned have lodged appeals with the judicial authorities. In this respect, the Committee requests the Government to inform it of the final outcome of the judicial proceedings under way.
3. 295. Concerning the new labour relations regulations in the Brazilian Post and Telegraph Enterprise (ECT), the Committee observes that the new regulations provided by the Government are essentially intended for information and that it appears from the text supplied by the Government that the part relating to freedom of association reproduces the relevant provisions of legislation and merely states that trade unions may conclude a collective agreement following deliberations by the general assembly of the trade union convened especially for the purpose.
4. 296. Concerning the allegation about the impossibility, following the September 1997 strike at the ECT, for the trade union leaders to have access to the workplace, the Committee notes the Government's statements to the effect that: (1) the terms of the collective agreements, signed between the enterprise and the FENTECT provide for access by trade union officers to the buildings, the time and duration of their visits being regulated accordingly; (2) under the agreements, access by trade union officers must be planned ahead of time so as not to disrupt the service; (3) the legislation provides that the parties may apply to the courts in order to obtain the application of a provision of a collective agreement; and (4) there is no evidence that the trade union organizations have instituted administrative or judicial proceedings against the ECT. In this respect, given that the complainant's allegations are couched in general terms, the Committee will not continue its examination of these allegations.
5. 297. Concerning the issue of compliance in practice with clause 29, subclauses 1, 2 and 3, of the collective agreement applicable to the ECT enterprise, which relates to time off from work for trade union leaders so that they can carry out their trade union activities, the Committee notes that the Government states in its reply that the collective agreements signed between the ECT and FENTECT contain a clause (reproduced by the Government) regulating the leave granted to union officers in order to carry out their activities and that the enterprise pays a certain number of officers (two per trade union and seven for the federation) their wages and other statutory benefits as if they were working. In these circumstances, given the lack of specific information provided by the complainant on this allegation, the Committee will not continue its examination of this issue.

The Committee's recommendations

1. 298. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • Concerning the 54 workers of the ECT enterprise who are still dismissed after the strike held in September 1997, the Committee requests the Government to inform it of the final outcome of the judicial proceedings under way.