Definitive Report - Report No 204, November 1980

Case No 969 (Peru) - Complaint date: 29-MAY-80 - Closed

1. 85. The complaint of the Railwaymen's Union of Central Peru and the Railway Employees' Union of Central Peru is contained in a communication dated 29 May 1980. The Government sent its reply in communications dated 17 and 30 July 1980.
2. 86. Peru has ratified both 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. The complainant's allegations

1. 87. The trade union organisations alleged that they went on strike on 19 July 1977 in order to obtain an equitable redistribution of income and to preserve their source of work. AS a result of this stoppage, 33 national railway union leaders were detained and subsequently, on 3 August 1977, notification of dismissal was served or 23 union leaders. In these circumstances, the railway workers' trade union organisations lodged a complaint of unjustified dismissal with the Ministry of Labour on 28 September 1977 requesting the reinstatement of the dismissed workers and the payment of earnings which had been lost.
2. 88. In the light of the intransigent attitude adopted by the Government and employers, the railway workers held a national stoppage lasting 15 days in March 1978. The Government appointed a commission which negotiated with the trade union leaders and the two directors of the Central and Southern Railways of Peru. An agreement was reached on 23 March 1978 which put an end to the strike and which, the complainants maintain, stipulated that all 23 dismissed trade union leaders would be reinstated. However, the Government and the ENAFER-PERU Company reinstated only an selected number of workers and refused to re-engage 5 of the railway trade union leaders.

B. The Government's reply

1. 89. The first communication of the Government was dated 17 July 1980 and the second 30 July 1960, i.e. two days after the installation of the Constitutional government. The communications stated that the five trade union leaders dismissed as a result of the strike of 19 July 1977 have now been reinstated in their work.

C. Conclusions of the Committee

1. 90. The Committee notes with interest that the five trade union leaders dismissed as a result of the strike of 19 July 1977, have now been reinstated in their work.

The Committee's recommendations

1. 91. In these circumstances, the Committee recommends the Governing Body to decide that this case does not call for further consideration.