Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 372, Juin 2014

Cas no 2929 (Costa Rica) - Date de la plainte: 29-FÉVR.-12 - Clos

Allegations: Anti-union practices in the health care sector

1. 99. The Committee examined this case at its March 2013 meeting and submitted an interim report to the Governing Body [see 367th Report, paras 603–641, approved by the Governing Body at its 317th Session (March 2013)].
2. 100. The Government sent new observations in communications dated 24 October 2013 and 11 March 2014.
3. 101. Costa Rica has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 102. In its previous examination of the case in March 2013, the Committee made the following recommendations on the issues that remained pending [see 367th Report, para. 641]:
   • The Committee notes the allegations of the complainant organization regarding restrictions on communication between trade union leaders and workers at the Dr Carlos Durán Martín clinic and, in particular, the intervention of private security officers to remove four UNDECA leaders and two delegates from the clinic. The Committee notes that the complainant also reports that, on 12 June 2012, the Director-General of the San Francisco de Asís Hospital ordered disciplinary proceedings to be brought against union delegate Ms Maria Luz Alfaro Barrantes in relation to her participation in a demonstration against the cost-cutting measures applied by the hospital. The Committee observes that these allegations were submitted in subsequent communications to the first complaint, notes that the Government indicates that a reply is being prepared and hopes that this will be submitted without delay.

B. New response from the Government

1. 103. In its communications dated 24 October 2013 and 11 March 2014, the Government states in relation to the allegations concerning Ms María Luz Alfaro Barrantes that an administrative proceeding was commenced against her in conformity with due process in connection with certain violent acts (entering the San Francisco de Asís Hospital by force, and chaining the doors of the administrative offices and the office of the Directorate-General in order to prevent officials and the Director-General from entering). The action was led by Ms Alfaro Barrantes, and disrupted the hospital’s normal activity and caused indiscipline and disorder. The Government denies having restricted the union leader’s trade union rights, and adds in connection with the administrative proceeding brought against her, that Ms Alfaro Barrantes pled the statute of limitations and the case was closed on 3 August 2012.
2. 104. The Government also states that it rejects the complainants’ allegations that communication was restricted between four union leaders and two delegates and the workers of the Dr Carlos Durán Martín Clinic. The Government states that their trade union rights were not restricted; instead, trade union organizations and associations were urged to comply with the provisions of Title VII of the Labour Relations Regulation in the discharge of their duties, with a view to preventing any deficiencies in patient care and services. The clinic’s authorities receive regular visits from union representatives in the sector, but the National Union of Social Security Fund Employees (UNDECA) (the complainant in this case) is the only trade union organization which does not comply with the procedure established in the Labour Relations Regulation, of which it is fully aware in view of the fact that the organization participated in the drafting, negotiation and approval of those provisions. Moreover, it is worth noting that UNDECA secretaries filed a complaint on the same subject as the complaint presented to the Committee. As a result, a preliminary inquiry was ordered and assigned to Dr Armando Villalobos Castañeda, who is currently performing these proceedings.
3. 105. The Government adds that the San Francisco de Asís Hospital has endeavoured to create regulations which guarantee access to medical centres, and to establish clear forms of communication with both union members and non-members; the right to hold meetings; leave to attend assemblies and the means of requesting such leave. The trade union organizations are fully aware of these measures and cannot attempt to circumvent them in actions such as those which have given rise to the present communication. The Government states that the complainant organizations have not submitted complaints to the national authorities on this subject.
4. 106. Lastly, the Government rejects all of the outstanding allegations, arguing that they are incorrect and lacking any legal basis.

C. The Committee’s conclusions

1. 107. Regarding the alleged expulsion of four union leaders and two delegates of UNDECA from the Dr Carlos Durán Martín Clinic in connection with communication activities with union members, the Committee notes that the Government rejects the allegations and states that: (1) the UNDECA representatives were in breach of the Labour Relations Regulation, which was negotiated with the organization’s participation; and (2) that UNDECA has filed an administrative complaint which is under examination. The Committee requests the Government to inform it of the outcome of the administrative inquiry resulting from UNDECA’s complaint.
2. 108. Regarding the allegations pertaining to the administrative proceeding brought against trade union delegate Ms María Luz Alfaro Barrantes in relation to her participation in a demonstration against the cost-cutting measures applied by the San Francisco de Asís Hospital, the Committee notes that the Government states that: (1) her union rights have not been restricted and that an administrative proceeding was brought against her in conformity with due process in connection with certain violent acts (entering the San Francisco de Asís Hospital by force, chaining the doors of the administrative offices and the office of the Directorate-General in order to prevent officials and the Director-General from entering); (2) that action was led by Ms Alfaro Barrantes and that it disrupted the normal activity of the hospital and caused indiscipline and disorder; and (3) in the administrative proceeding brought against Ms Alfaro Barrantes, she pled the statute of limitations and the case was closed on 3 August 2012. Under such circumstances, the Committee will not pursue its examination of this allegation.

The Committee’s recommendation

1. 109. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • The Committee requests the Government to inform it of the outcome of the administrative inquiry being conducted in the Dr Carlos Durán Martín Clinic as a result of a complaint filed by UNDECA alleging restrictions on communication between trade union leaders and workers.