Definitive Report - Report No 230, November 1983

Case No 1210 (Colombia) - Complaint date: 31-MAY-83 - Closed

1. 324. The complaint is contained in communications from the National Federation of Metalworkers (FETRAMETAL) dated 31 May and 27 June 1983. The Government replied in a communication dated 25 July 1983.
2. 325. Colombia has ratified the Freedom of Association and the Protection to Organise Convention, 1948 (No. 87), and the Right to. Organise in Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 326. The complainant in its communication of 31 May 1983 alleges that just over three weeks ago the Ministry of Labour issued a directive which prohibits the workers of the undertaking Grifos y Válvulas S A. from joining the National Union of Workers of Metalworking, Metallurgical and Iron and Steel Industries - SINTRAIME - (a primary industrial organisation) and that the Ministry refuses to register the executive committee of the trade union branch of SINTRAIME located in Funza, where the above-mentioned undertaking operates.
2. 327. The complainant points out that the argument put forward by the undertaking and followed by the Ministry of Labour, is that the undertaking Grifos y Válvulas S.A. is not a metallurgical undertaking, which is not correct, according to the complainant since the undertaking in question manufactures faucets and metal taps and, in fact, in some sections of the plant, 90 per cent of the workers are employed as metallurgists or mechanics.

B. The Government's reply

1. 328. The Government, in its communication of 25 July 1983, states that the refusal to register the executive committee of the Funza branch of SINTRAIME was due to the fact that the undertaking Grifos y Válvulas S.A. in which the workers of the above-mentioned executive committee are employed is not classified by the Ministry of Economic Development (the Chamber of Industry and Commerce), as a metalworking plant. Since the Chamber of Industry and Commerce is the national body responsible for determining the branch of economic activity to which any given undertaking belongs, the Ministry of Labour and Social Security has to accept its rulings and take into account the legal standards in force. Therefore, it is not in a position to authorise the registration of the executive committee of a trade union organisation of the metalworking industry whose members are workers in a plant which does not belong to this sector.
2. 329. The Government also points out that the workers of Grifos y Válvulas S.A. are entitled to establish and join the executive committee of any industrial trade union provided that the activity carried on by the plant falls within the sector covered by the trade union.
3. 330. The Government annexes to its communication a copy of the administrative rules issued relating to the allegations.

C. The Committee's conclusions

1. 331. The Committee notes that it appears from the statements of the Government and the administrative resolutions which it has communicated that the workers of the undertaking Grifos y Válvulas S.A. are not entitled to join SINTRAIME (a primary trade union belonging to the metallurgical sector) and establish an executive committee, since the undertaking Grifos y Válvulas S.A. is not part of the metalworking sector. In support of this view, the Government refers to a written statement from the Chamber of Industry and Commerce (Ministry of Economic Development) declaring that the undertaking Grifos y Válvulas S.A. is not part of the metalworking sector. The complainant considers, however, that this opinion does not reflect the real situation, given the nature of the work performed in the plant.
2. 332. The Committee believes that irrespective of whether the undertaking Grifos y Válvulas S.A. should or should not be classified as part of the metallurgical or metalworking sector, the metallurgists or metalworkers of this undertaking - whether their percentage of the total workers is small or large - should be able to join the industrial trade union of the metallurgical or metalworking sector of their choice and, in particular, SINTRAIME, since in pursuance of Article 2 of Convention No. 87, all workers without distinction whatsoever have the right to join organisations of their own choosing. The Committee notes in this respect that contrary to Article 2 of Convention No. 87, the definition of industrial trade unions contained in section 356 of the Substantive Labour Code (those "established by individual persons who are employed in various undertakings of the same industrial branch") makes it possible to exclude workers of a branch of activity or particular industry from joining the trade union of the corresponding branch of activity if the business of the undertaking which employs these workers does not mostly fall within the said branch of activity.
3. 333. In these circumstances the Committee requests the Government to allow the metallurgical and metalworkers of the undertaking Grifos y Válvulas S.A. to join SINTRAIME and to establish the executive committee of the corresponding trade union branch of this organisation. In addition, it requests the Government to take measures with a view to amending the definition of industrial trade union contained in section 356 of the Substantive Labour Code in order to guarantee fully the right of workers to join organisations of their own choosing (Article 2 of Convention No. 87)

The Committee's recommendations

1. 334. In these circumstances, the Committee recommends the Governing Body to approve the present report and in particular the following conclusions:
   • The Committee requests the Government to allow the metallurgical and metalworkers undertaking Grifos y Válvulas S.A. to join SINTRAIME and establish the executive committee of the corresponding trade union branch of this organisation, as well as to take measures with a view to amending the definition of industrial trade union contained in section 356 of the Substantive Labour Code in order to guarantee fully the right of workers to join trade union organisations of their own choosing (Article 2 of Convention No. 87).