Interim Report - Report No 233, March 1984

Case No 1153 (Uruguay) - Complaint date: 13-AUG-82 - Closed

1. 392. The Committee examined this case at its May 1983 meeting when it submitted an interim report to the Governing Body. [See 226th Report, paragraphs 154 to 180, approved by the Governing Body at its 223rd Session (May-June 1983).] The Government subsequently sent additional observations in communications dated 30 May and 11 September 1983.
2. 393. Uruguay 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. Previous examination of the case

1. 394. When it examined the case at its May 1983 meeting, the Committee made the following recommendations with regard to the allegations still pending:
2. "As regards the alleged disqualification of a number of trade unionists from holding trade union office, the Committee notes that Milton Antognazza withdrew from trade union office of his own accord and not because of any disqualification. The Committee requests the Government to supply its observations on the disqualifications to which the AFAEBU trade unionists Pedro Ciganda, Guillermo Alvarez and Eduardo Fernández are said to have been subjected.
3. With regard to the allegations of dismissals on anti-union grounds, the Committee notes with interest that, thanks to the intervention of the Ministry of Labour and Social Security, the trade unionists Ricardo Castillo and José Buere were reinstated. The Committee requests the Government to keep it informed of developments in the situation with regard to the dismissal of Homero Gramajo, a worker in the Banco La Caja Obrera.
4. With regard to the remaining allegations (dismissal of 61 workers from the financial entity Centro-Banco; the arrest of Miguel Angel Mato Gajeán, of the Fábrica Uruguaya de Neumáticos, S.A., of Juan Acuña, Isolina Pérez Acuña and Irene Corrales (the last two persons have now been released); and the refusal of permission to hold a cultural event planned by the AEBU), the Committee regrets that the Government has not replied on these points and therefore requests it to supply its observations as soon as possible."
5. B. The Government's reply
6. 395. With respect to the alleged disqualification of three trade unionists of the Association of Officials of the Association of Bank Employees of Uruguay (AFAEBU) from holding trade union office, the Government states that Pedro Ciganda is in fact one of the provisional authorities appointed by the Association of Bank Employees of the Union of Banks of Uruguay, that Guillermo Alvarez is one of the persons responsible for establishing the Association of Bank Employees of Uruguay (still under consideration) and that Eduardo Fernández does not appear to have been connected with the constitution of any association in the banking sector. The Government notes that the AFAEBU, to which the complainants claim that these three persons belonged, has been officially registered since 20 September 1982.
7. 396. With regard to the allegations of dismissals on anti-union grounds and, specifically, the situation of Homero Gramajo, the Government states that, despite the intervention of experts of the Ministry of Labour and Social Security in favour of his reinstatement, it is apparent from the record of proceedings dated 18 and 26 November and 2 and 15 December 1982 (copies of which are supplied) that no agreement was reached with the undertaking which claimed that Homero Gramajo had been dismissed for inadmissible behaviour and denied the allegation of anti-union harassment of a person who, in any case, had merely been designated fourth deputy on a list of provisional authorities. The Government points out, however, that Homero Gramajo has not submitted to the judicial authorities any request for reinstatement.
8. 397. The Government notes further that, contrary to the allegation of the complainants, Miguel Angel Mato Gajeán is not an employee of the Fabrica Uruguaya de Neumáticos and has not been arrested. The Government likewise denies the arrest of Juan Acuña, Isolina Pérez Acuña and Irene Corrales.
9. 398. With respect to the alleged refusal of permission to hold a cultural event planned by the AEBU, the Government refers to its statement in its previous reply to the effect that the AEBU had approached the Ministry of Labour on two occasions with a view to its registration; the first time, the application did not meet the minimum requirements laid down in section 16 of Act No. 15137 respecting occupational associations; the second time the procedure laid down in the AEBU's own regulations had not been complied with, thereby infringing section 18(a) of the above-mentioned Act. The Government states, nevertheless, that it will make every effort to resolve the difficulties that may arise so that the AEBU can adapt to the system laid down in Act No. 15137.

C. The Committee's conclusions

1. 399. The Committee notes the Government's statement that Miguel Angel Mato Gajeán, Juan Acuña, Isolina Pérez Acuña and Irene Corrales have not been arrested. It further notes that, according to the Government, Pedro Ciganda, Guillermo Alvarez and Eduardo Fernández have not been disqualified from holding trade union office.
2. 400. The Committee notes, moreover, that Homero Gramajo, one of the provisional authorities of the Association of the Banco La Caja Obrera has not presented a request to the judicial authorities for reinstatement. Nevertheless, considering that during the mediation hearings the competent administrative authorities were in favour of Homero Gramajo's reinstatement, the Committee requests the Government to contact the Banco La Caja Obrera again with a view to having him reinstated.
3. 401. With regard to the alleged refusal of permission to hold a cultural event planned by the AEBU, the Committee notes that, according to the Government, at the time of requesting the authorisation (23 December 1982)[See 226th Report, Case No. 1153, para. 161.] the AEBU did not meet the requirements of Act No. 15137 respecting occupational associations. Since the situation in this respect has not changed, the Committee, while noting the Government's assurances that it will make every effort to resolve the difficulties that may arise so that the Association can adapt to the new trade union legislation, expresses the hope that the AEBU will very shortly be able to exercise all trade union rights fully.
4. 402. Finally, the Committee requests the Government to send its observations on the alleged dismissal of 61 workers from the financial entity Centro-Banco.

The Committee's recommendations

1. 403. In these circumstances, the Committee recommends the Governing Body to approve this interim report and, in particular, the following conclusions:
   • (a) The Committee notes that, according to the Government's declaration, Miguel Angel Mato Gajeán , Juan Acuña, Isolina Pérez Acuña and Irene Corrales have not been arrested and that Pedro Ciganda, Guillermo Alvarez and Eduardo Fernández have not been disqualified from holding trade union office.
   • (b) The Committee observes that Mr. Homero Gramajo, one of the provisional authorities of the Association of the Banco La Caja Obrera, did not present a request for reinstatement to the judicial authority after having been dismissed. Nevertheless, considering that during the mediation hearings the administrative authorities were in favour of his reinstatement, the Committee requests the Government to contact the Banco La Caja Obrera once again with a view to having Homero Gramajo reinstated.
   • (c) As regards the allegation concerning the refusal of permission to hold a cultural event which the AEBU had wished to hold, the Committee expresses the hope that the Association will very shortly be able to exercise all trade union rights fully.
   • (d) The Committee requests the Government to submit its observations on the alleged dismissal of 61 workers from the financial entity Centro-Banco.