Interim Report - Report No 307, June 1997

Case No 1812 (Venezuela (Bolivarian Republic of)) - Complaint date: 26-OCT-94 - Closed

Allegations: Employer interference in the establishment of a trade union

1. 471. The Committee examined this case at its March 1996 meeting and submitted an interim report to the Governing Body (see 302nd Report, paras. 519 to 534, approved by the Governing Body at its 265th Session (March 1996)).
2. 472. The Government sent its observations in a communication dated 20 May 1997.
3. 473. Venezuela 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. 474. In the previous examination of the case carried out in March 1996 (see 302nd Report, paras. 519-534) the allegations remained pending that the management of the CORAVEN-RCTV Broadcasting Company had encouraged the establishment of a new trade union (SINATRAINCORATEL) by means of a number of anti-union activities (presence of representatives of the enterprise at the constituent meeting of the new trade union, threats of dismissal against workers who did not join the new union, negotiation of a collective agreement with the new trade union when an earlier agreement was still in force, etc.) and that the administrative authorities committed certain irregularities in the registration of the new trade union. The already existing trade union (SRTVA) lodged various appeals against the acts mentioned.
2. 475. The Committee observed with concern the extremely long period of time taken by the administrative authorities to examine this matter (from March 1994 to January 1996) and made the following recommendation (see 302nd Report, para. 534):
3. The Committee requests the Government to provide information on the outcome of the appeal lodged by SRTVA with the Higher Labour Tribunal concerning the alleged interference of the management of CORAVEN-RCTV in the establishment and functioning of SINATRAINCORATEL.
4. B. The Government's reply
5. 476. In a communication dated 20 May 1997, the Government states that the Ministry of Labour rejected two appeals from the SRTVA to have the registration of SINATRAINCORATEL cancelled. It could have instituted legal proceedings within a period of six months after the last decision (3 January 1996). The Government indicates that it is not competent to cancel the registration of an organization since it would amount to a dissolution by administrative authority, which is in violation of Convention No. 87. Since SINATRAINCORATEL was created with employer interference, the parties concerned should appeal to the competent judicial organ.

C. The Committee's conclusions

1. 477. The Committee takes note of the Government's observations, and notes that it is not clear whether the union SRTVA has submitted an appeal to the judicial authority or not. In this regard, the Committee requests the Government to indicate whether the SRTVA has instituted legal proceedings concerning the allegations of interference by the management of CORAVEN-RCTV in the creation as well as in the activities of the union SINATRAINCORATEL and, if this is the case, to inform it of the decision in question.
2. 478. Just as in its previous examination of the case, the Committee once again highlights the extremely long period of time (from March 1994 to January 1996) taken by the Ministry of Labour to rule on SRTVA's appeal to have the registration of the new trade union (SINATRAINCORATEL), created with the interference of the employer, cancelled, and hopes that the judicial authority will be able to deliver a decision shortly.

The Committee's recommendations

1. 479. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • - The Committee requests the Government to indicate whether the union SRTVA has instituted legal proceedings concerning the alleged interference of the management of CORAVEN-RCTV in the establishment and functioning of SINATRAINCORATEL and, if this is the case, to inform it of the decision in question.