Rapport intérimaire - Rapport No. 324, Mars 2001

Cas no 2046 (Colombie) - Date de la plainte: 17-AOÛT -99 - Clos

Allegations: Acts of discrimination and anti-union practices

1. 340. The Committee examined this case most recently at its May 2000 meeting [see 322nd Report, paras. 107-143]. The National Union of Bavaria SA Workers (SINALTRABAVARIA) submitted further allegations in a communication dated 4 May 2000. The Union of Workers of the National Coffee Growers Federation (SINTRAFEC) submitted further allegations in a communication dated 16 August 2000. The National Union of Caja Agraria Workers (SINTRACREDITARIO) provided complementary information on its complaint in a communication dated 31 January 2001.
2. 341. The Government sent its observations in two communications dated 30 August 2000 and 4 January 2001.
3. 342. 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 case

1. 343. In its previous examination of the case concerning allegations of acts of discrimination and anti-union practices in various enterprises, the Committee formulated the following recommendations [see 322nd Report, para. 143(a), (b), (c) and (d)]:
   • - As regards the allegations concerning the enterprise Industrias Alimenticias Noel SA, the Committee asks the Government: (1) (…); (2) to keep the Committee informed of present and future judicial and administrative decisions in respect of the enterprise's refusal to recognize SINTRANOEL's modified statutes, converting it to an industrial union, SINALTRAPROAL; and (3) with regard to Noel Biscuit Company's failure to deduct union dues, to inform the Committee about the results of the forthcoming inquiry.
   • - As regards the complaints that the National Federation of Colombian Coffee Growers has failed to deduct union dues from SINTRAFEC members since 1984, to deduct dues owed by all workers by agreement and to deduct special dues, the Committee, observing that according to the Government the union has asked for the complaint to be suspended on the grounds that talks are being held with the enterprise with a view to solving the problems, requests the Government to keep it informed of developments in the situation.
   • - As regards the complaints of SINALTRABAVARIA, the Committee (…) asks the Government to communicate its observations, on the basis of the forthcoming inquiry, on the dismissals and sanctions inflicted on workers for having participated in a strike at the Bavaria enterprise on 31 August 1999.
   • - As regards the allegations concerning the Caja de Crédito Agrario (the takeover of Caja Agraria offices by the forces of law and order, the massive dismissal of 8,000 workers in violation of the collective agreement and the repression of demonstrators), the Committee underscores the complexity of the case and requests the Government to inform it of the results of the administrative inquiries and of present and forthcoming decisions concerning the allegations, and which involve violations of trade union rights or of the collective agreement. The Committee also asks the Government to inform it of its observations on the recent new allegations of 7 February 2000 (dismissal of 1,397 trade union officials, refusal to negotiate a list of claims in the new institution established following the liquidation of the Caja Agraria called the Banco Agrario de Colombia and refusal to register the executive committee of SINTRACREDITARIO) presented by SINTRACREDITARIO.

B. New allegations and complementary information

1. 344. In its communication of 4 May 2000, the National Union of Bavaria SA Workers (SINALTRABAVARIA) alleges that: (1) the Cundinamarca Labour Division refused to register the executive committees of SINALTRABAVARIA of the union sections Colenvases, Bogotá, Calle 22 (Litoral), Dirección y Ventas and Maltería de Bogotá; (2) the Bavaria company is violating the collective agreement by applying sanctions without the presence of the trade union, by awarding promotions according to their own criteria and by refusing to pay the deducted union dues to unionized workers; and (3) the Bavaria company is facilitating and promoting the establishment of another trade union organization.
2. 345. In its communication of 16 August 2000, the Union of Workers of the National Coffee Growers Federation of Colombia (SINTRAFEC) alleges that it has been refused the right of registration in the industrial union SINTRAINDUSCAFE. Finally, in a communication dated 31 January 2001, the National Union of Caja Agraria Workers (SINTRACREDITARIO) provided complementary information on its complaint.

C. The Government's reply

1. 346. In its communications of 30 August 2000 and 4 January 2001, the Government states, with regard to the allegations submitted by the Union of Noel Workers (SINTRANOEL) concerning the refusal to modify SINTRANOEL's statutes converting it to an industrial union, that it was informed in a timely manner that resolution No. 002408 of 12 October 1999 ruled on the request for reconsideration, revoking resolution No. 1541 of 2 July 1999 which registered the amended statutes. This resolution is based on the fact that the workers present at the assembly on 23 May 1999 were not at that time affiliated to the SINTRANOEL. Any change in the union's nature would have to be decided by the members of the SINTRANOEL, workers from the Noel Biscuit Company only becoming eligible for membership following the approval of the amended statutes. The parties have been duly informed of this ruling, with the administrative act having been made effective. Despite the above, the Territorial Directorate of Antioquia was asked for information about the possible initiation of legal action in this respect in the ordinary courts. As regards the allegations concerning the Noel Biscuit Company's failure to deduct union dues, the Territorial Directorate of Labour of Antioquia was asked, in an official communication of 16 August 2000, to provide information on the status of the investigation and on the decisions made in this respect. The Territorial Directorate of Antioquia mentions that it asked the president of SINTRANOEL to appear and that he explained the workers of this trade union were affiliated to Noel Food Industries (Industrias Alimenticias Noel SA) and not to Noel Biscuit Company. The enterprise Noel Biscuit Company and the trade union SINTRANOEL mentioned that the workers of this trade union do not belong to this enterprise and confirmed in writing during the hearing that they never promoted administrative measures against the Noel Biscuit Company. Consequently, the end of the investigation has been ordered.
2. 347. Concerning the allegations submitted by the Union of Workers of the National Coffee Growers Federation (SINTRAFEC) relative to the failure to deduct union dues from the salary of SINTRAFEC members, the Government indicates that the trade union SINTRAFEC declared that it did not ask for the complaint to be suspended but asked for the implementation of the necessary procedures to ensure the respect of the concerned rights. The Government indicates that it has asked the Territorial Director of Cundinamarca to start an investigation and to carry it through to a successful conclusion.
3. 348. With regard to the allegations submitted by the National Union of Bavaria SA Workers (SINALTRABAVARIA), the Government notes that on the matter of the dismissals and sanctions arising from participation in the work stoppage of 31 August 1999, an investigation into which has officially begun, the Territorial Directorate of Labour and Social Security of Cundinamarca is conducting an administrative inquiry, which is currently at the documentary stage. Furthermore, the Government indicates by way of a resolution dated 12 September 2000 that all the section subcommittees of SINALTRABAVARIA have been registered.
4. 349. Concerning the allegations submitted by the National Union of Caja Agraria Workers (SINTRACREDITARIO), the Government states that the Territorial Directorate of Labour and Social Security of Cundinamarca is pursuing two administrative inquiries into the acts which are the subject of the complaint. As part of one of these inquiries, on 8 February 2000 the allegations were transmitted to the legal representative of the Agrarian, Industrial and Mining Savings and Loans Fund. On 28 February 2000, the Caja Agraria sent a reply to the allegations made. Concerning the second inquiry started further to the allegation concerning the Caja de Crédito Agrario's refusal to negotiate a list of claims, the Government mentions that it did not take administrative measures against the company since review and appeal proceeding may be initiated against this decision. As regards the pending legal actions, according to a communication from the complainant trade union organization, the following remain: 500 requests for judicial protection for reinstatement in relation to the right to associate, trade union immunity, pregnant women and terminally ill individuals, a criminal suit which is currently before the Public Prosecutor's Office and investigations before the Attorney-General and the Comptroller-General of the Nation, against various public officials of the Caja Agraria.

D. The Committee's conclusions

1. 350. The Committee observes that when it examined this case relating to acts of discrimination and anti-union practices at its May 2000 meeting it requested the Government to take certain measures and to provide information accordingly.
   • The enterprise Industrias Alimenticias Noel SA
2. 351. As for the enterprise's challenge to the modification of the statutes of the Union of Noel Workers (SINTRANOEL) for its conversion to an industrial union (SINALTRAPROAL), the Committee notes the Government's statement that: (1) by way of a resolution dated 12 October 1999 the resolution registering the amended statutes was revoked as the workers who decided on the amendment were not affiliated to the SINTRANOEL; and (2) the Territorial Directorate of Antioquia was asked to provide information on the possible initiation of legal action in that respect. In these circumstances, the Committee requests the Government to keep it informed about any judicial action which is initiated with regard to the amendment of the statutes of SINTRANOEL to change it into an industrial union.
3. 352. As regards the failure to deduct trade union dues at the Noel Biscuit Company, the Committee notes the Government's indication. It indicates that within the context of the investigation that was carried on, the trade union SINTRANOEL and the enterprise Noel Biscuit Company mentioned that the workers affiliated to SINTRANOEL do not work in this enterprise and that no administrative measures against this enterprise were promoted. Consequently, the end of the investigation has been ordered. Therefore, the Committee will not continue the examination of this allegation.
   • National Federation of Colombian Coffee Growers
4. 353. Concerning the failure to deduct union dues from the members of the Union of Workers of the National Coffee Growers Federation (SINTRAFEC), the Committee notes the Government's statement that the plaintiff organization mentioned that it did not ask for the investigation to be suspended (during its last meeting, the Committee took note of the Government's declaration to the effect that the union has asked for the complaint to be suspended) and that, at present, a new investigation is carried on in this respect. The Committee requests the Government to take the necessary measures to ensure that the investigation ends in the near future and to keep it informed about the results.
5. 354. Concerning the allegation as to the refusal by the trade union organization SINTRAFEC to join the industrial union SINTRAINDUSCAFE, the Committee regrets that the Government has not sent its observations on the matter. The Committee requests the Government to take measures to find out whether SINTRAFEC has complied with the corresponding legal requirements and if it has done so to register its affiliation to the industrial union SINTRAINDUSCAFE.
   • The enterprise Bavaria SA
6. 355. With regard to the allegation concerning the dismissals and sanctions inflicted on workers affiliated to the National Union of Bavaria SA Workers (SINALTRABAVARIA) for their participation in a work stoppage on 31 August 1999, the Committee notes the Government's indication that the inquiry being conducted by the Territorial Directorate of Labour and Social Security of Cundinamarca in respect of these allegations is at the documentary stage. In this respect, the Committee deeply regrets that one year and seven months after the alleged incidents occurred the inquiry has still not been completed. The Committee requests the Government to take steps to ensure the inquiry is rapidly concluded and to send its observations in this respect.
7. 356. Concerning the alleged refusal by the Cundinamarca Labour Division to register the executive committees of SINALTRABAVARIA of the union sections Colenvases, Bogotá, Calle 22 (Litoral), Direcci?n y Ventas and Maltería de Bogotá, the Committee takes good note of the Government's statement that, by way of an administrative resolution dated 12 September 2000, all the section subcommittees have been registered. Therefore, the Committee will not continue the examination of this allegation. In these circumstances, the Committee requests the Government to keep it informed of the administrative decisions taken.
8. 357. With regard to the allegations that (1) the enterprise is violating the collective agreement by applying sanctions without the presence of the trade union, by awarding promotions according to their own criteria and by refusing to pay the deducted trade union dues, and (2) the enterprise is facilitating and promoting the establishment of another trade union organization, the Committee regrets that the Government has not sent its observations in this connection and asks it to do so without delay.
   • Caja de Crédito Agrario
9. 358. Concerning the numerous allegations submitted by the National Union of Caja Agraria Workers (SINTRACREDITARIO) concerning the Caja de Crédito Agrario (takeover of the offices by the forces of law and order, massive dismissal of 8,000 workers - including 1,397 trade union officials - in violation of the collective agreement, the refusal to negotiate a list of claims in the new institution Banco Agrario de Colombia which was established following the liquidation of the Caja de Crédito Agrario and the refusal to register the executive committee of SINTRACREDITARIO), the Committee notes the Government's declaration that: (1) the Territorial Directorate of Labour and Social Security of Cundinamarca is carrying out an inquiry into these allegations; (2) an administrative inquiry took place concerning the allegation relative to the Caja de Crédito Agrario's refusal to negotiate a list of claims. No administrative measure has been taken against the enterprise within the context of this inquiry since it is possible at this stage to file revision and appeal proceedings; (3) 500 legal actions for reinstatement are pending; and (4) criminal complaints have been submitted to the Public Prosecutor's Office, the Office of the Attorney-General of the Nation and the Office of the Comptroller-General of the Nation against various public officials of the Caja Agraria. In these circumstances, the Committee repeats its earlier recommendations and therefore requests the Government to: (i) keep it informed of the final result of the administrative inquiry under way; (ii) keep it informed of any recourse taken against the administrative decision concerning the inquiry on the Caja de Crédito Agrario's refusal to negotiate a list of claims; and (iii) keep it informed about the result of the legal actions and the criminal charges. Also, bearing in mind the extremely high number of workers and trade union officials affected by the liquidation of the Caja de Crédito Agrario and the establishment of a new banking institution called the Banco Agrario de Colombia, the Committee requests the Government to ensure as a matter of priority the recruitment of the highest possible number of workers and trade union officials who lost their jobs. Finally, the Committee requests the Government to provide its observations concerning the complementary information submitted by SINTRACREDITARIO in its communication of 31 January 2001.

The Committee's recommendations

1. 359. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to keep it informed about all legal actions brought in respect of the amendment of the statutes of the Union of Noel Workers (SINTRANOEL) to change it into an industrial union.
   • (b) Concerning the failure to deduct union dues from the members of the Union of Workers of the National Coffee Growers Federation (SINTRAFEC), the Committee requests the Government to ensure that, if the parties agree under the new collective agreement to deduct the trade union dues, these deductions do indeed become effective.
   • (c) The Committee requests the Government to take measures to find out whether the organization SINTRAFEC has complied with the corresponding legal requirements and if this is found to be the case to register its affiliation to the industrial union SINTRAINDUSCAFE.
   • (d) As regards the allegation concerning the dismissals and sanctions inflicted on workers affiliated to the National Union of Bavaria SA Workers (SINALTRABAVARIA) for having participated in a work stoppage at the enterprise on 31 August 1999, the Committee deeply regrets that more than one year and seven months since the alleged incidents the inquiry has still not been completed and asks the Government to take steps to ensure that the inquiry is rapidly concluded and to send its observations in this respect.
   • (e) The Committee requests the Government to immediately send its observations concerning the allegations that: (1) the enterprise Bavaria SA is violating the collective agreement by applying sanctions without the presence of the trade union, by awarding promotions according to their own criteria and by refusing to pay the deducted trade union dues; and (2) the enterprise Bavaria SA is facilitating and promoting the establishment of another trade union organization.
   • (f) As regards the allegations concerning the Caja de Crédito Agrario (takeover of the offices by the forces of law and order, massive dismissal of 8,000 workers - including 1,397 trade union officials - in violation of the collective agreement, the refusal to negotiate a list of claims in the new institution Banco Agrario de Colombia which was established following the liquidation of the Caja de Crédito Agrario and the refusal to register the executive committee of SINTRACREDITARIO), the Committee requests the Government to: (i) keep it informed of the final result of the administrative inquiry under way; (ii) keep it informed of any recourse taken against the administrative decision concerning the inquiry on the Caja de Crédito Agrario's refusal to negotiate a list of claims; and (iii) keep it informed about the result of the legal actions and the criminal charges. Also, bearing in mind the extremely high number of workers and trade union officials affected by the liquidation of the Caja de Crédito Agrario and the establishment of another banking institution called the Banco Agrario de Colombia, the Committee asks the Government to ensure as a matter of priority the recruitment of the highest possible number of workers and trade union officials who have lost their jobs. Finally, the Committee requests the Government to provide its observations concerning the complementary information submitted by the SINTRACREDITARIO in its communication of 31 January 2001.