Report in which the committee requests to be kept informed of development - Report No 283, June 1992

Case No 1560 (Argentina) - Complaint date: 07-NOV-90 - Closed

124. The Committee examined these cases at its meeting in November 1991, when it submitted an interim report to the Governing Body (see the 279th Report of the Committee, paras. 680-716, approved by the Governing Body at its 251st meeting in November 1991). The Confederation of Education Workers of the Argentine Republic (CTERA) furnished further information in a letter dated 27 January 1992.

1. 124. The Committee examined these cases at its meeting in November 1991, when it submitted an interim report to the Governing Body (see the 279th Report of the Committee, paras. 680-716, approved by the Governing Body at its 251st meeting in November 1991). The Confederation of Education Workers of the Argentine Republic (CTERA) furnished further information in a letter dated 27 January 1992.
2. 125. The Government sent further observations in letters dated 30 January, 17 February and 11 May 1992.
3. 126. Argentina 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 cases

1. 127. At the Committee's meeting in November 1991 a number of allegations remained outstanding, concerning respectively the suspension of clause 3 of collective agreement No. 433/75 which listed professional categories represented by the APDFA vis à vis the Argentine Railways; the alleged administrative and legislative obstacles preventing the conclusion of a national collective agreement for the education sector; the dissolution of the Multipartite Committee set up to draft legislation to this end; and the dismissal, under a rationalisation and efficiency policy, of representatives of public sector staff.
2. 128. At its meeting in November 1991, since no observations had been received on the above questions, the Committee made the following recommendation (see 279th Report, para. 716):
3. The Committee requests the Government to send its comments on the allegations relating to the suspension of clause 3 of collective agreement No. 433/75; on the administrative and legislative obstacles preventing the conclusion of a national collective agreement for the education sector and on the dismissal of representatives of public sector staff.
4. B. New information from the complainant
5. 129. In its letter of 27 January 1992, the Confederation of Education Workers of the Argentine Republic (CTERA) provides information on the passing of a law in respect of collective bargaining in the education sector and states that it only remains for the Government, through the Ministry of Labour, to take the measures required to give effect to this law.
6. C. The Government's reply
7. 130. In its communication of 30 January 1992 the Government refers to the allegation concerning the dismissal of public sector staff representatives and states that the persons in question were members of the administration but in a temporary capacity (i.e. not enjoying employment tenure). This group of staff are appointed for a fixed and predetermined period of time to cover the exceptional and temporary needs of the State. The Government also states that the National Staff Register has informed it that Messrs. Ibañez, Leonardi and Duarte are not trade union representatives.
8. 131. In its letter of 17 February 1992 the Government states that the purpose of Decree No. 1757 is administrative reorganisation since it calls for the renewal of the collective labour agreements which in recent years, despite Act No. 14250, had not been renegotiated and were consequently out of date. This is the background to Decree No. 1757/90 which, until the new agreements are concluded and replace the current ones, empowers the parties concerned to waive temporarily those clauses in the current agreements which concern productivity; failing agreement between the parties, the Ministry of Labour can determine the period of time during which the said clauses may be suspended. The Government specifies that this suspension is purely temporary until a new collective agreement is reached and is fully justified by the anti-inflationary, stabilisation policy. The Government adds that it must be concluded that Decree No. 1757/90 contains no limitation that might be considered under international labour standards to infringe freedom of association since provision is made for the workers, through their respective associations, to participate in the negotiating process. The Government states that the authorities have urged the renewal of the collective agreements, convening the signatory parties to enter into negotiations on the new instruments that will replace the ones that have been in force since 1975. Lastly, the Government states on the subject of collective agreement No. 433/75 (between ADEFA and Argentine Railways) that court action has been initiated concerning the application of clause 3 of the above-mentioned collective agreement, and that the ruling of the Supreme Court of Justice is awaited.
9. 132. In its communication of 11 May 1992, the Government mentions that an Act on collective bargaining in the education sector was adopted on 10 April 1991; it further states that notifications have been sent with a view to establishing bargaining commissions.

D. The Committee's conclusions

1. 133. As regards the suspension of clause 3 of collective agreement No. 433/75 (ADEFA-Argentine Railways) by virtue of a Decree, the Committee notes the Government's statement that this measure is the subject of court action and that the ruling of the Supreme Court of Justice is awaited in the matter. The Committee requests the Government to keep it informed of the Court's ruling.
2. 134. As regards the allegation of administrative and legislative obstacles to collective bargaining in the education sector, the Committee notes with interest that a law on collective bargaining in this sector has recently been passed. The Committee further notes that notifications have been sent with a view to establishing bargaining commissions.
3. 135. Referring to the alleged dismissal of public sector staff representatives, the Committee notes that according to the Government three of the workers in question were not trade union representatives and that all the workers mentioned in the allegations were members of the administration working in a temporary capacity, appointed for a fixed and a predetermined period to cover the exceptional and temporary needs of the State. In these circumstances, since the complainants had given no details on the circumstances of the dismissals, the Committee considers that these allegations call for no further examination.

The Committee's recommendations

1. 136. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • The Committee requests the Government to keep it informed of the ruling of the High Court of Justice on the suspension of clause 3 of Collective Labour Agreement No. 433/75 (ADEFA-Argentine Railways) by virtue of a Decree.