Report in which the committee requests to be kept informed of development - Report No 330, March 2003

Case No 2161 (Venezuela (Bolivarian Republic of)) - Complaint date: 03-NOV-01 - Closed

Allegations: The complainant organization alleges anti-union dismissals at the “Sofia Imbert” Museum of Contemporary Art in Caracas; connivance on the part of the administration of the museum to create a parallel union.

1. 1131. The Committee examined this case at its June 2002 meeting and submitted an interim report to the Governing Body [328th Report, paras. 661-676, approved by the Governing Body at its 284th Session (June 2002)].
2. 1132. The complainant organization, the Single Trade Union of Workers of the “Sofia Imbert” Museum of Contemporary Art in Caracas (SUTRAMACCSI), sent new allegations in a communication dated 25 September 2002.
3. 1133. The Government sent further observations in a communication dated 22 November 2002.
4. 1134. Venezuela has ratified the Freedom of Association and the Protection of the Right to Organise Convention, 1948 (No. 87), and Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 1135. At its June 2002 meeting, the Committee made the following recommendations on the outstanding allegations [see 328th Report, para. 676]:
2. – As regards the dismissal of the trade union leaders Teresa Zottola and Sonia Chacón, the Committee urges the Government to investigate promptly and impartially these dismissals and, if their anti-union nature is established, to take the necessary measures without delay to reinstate the trade union officials in question in their posts. The Committee requests the Government to keep it informed in this regard.
3. – As regards the allegation concerning connivance between the Labour Inspectorate and the (public) Foundation of the Museum of Contemporary Art to establish a parallel trade union promoted by the Director of Human Resources, the Committee regrets that the Government has not replied to the allegation and urges it to send its observations as a matter of urgency. The Committee requests the Government to ensure the effective implementation of Article 2 of Convention No. 98, concerning protection against actions of anti-union interference.
4. B. The complainant’s new allegations
5. 1136. In its communication dated 25 September 2002, the complainant organization states that the Foundation of the Museum of Contemporary Art in Caracas dismissed, without prior authorization from the Labour Inspectorate (which is a legal obligation), the trade union officials Jorge Moreno (Secretary-General), José Gregorio González (Secretary), Delvis Beomont (Treasurer), Alfonso Perdomo (Public Relations Officer) and Omar Burgos (Secretary for Labour and Complaints). The complainant organization adds that, on 2 September 2002, the Ministry of Labour issued an administrative ruling which stated the following:
6. For reasons previously explained, the Labour Inspectorate of the Capital District, in compliance with the recommendations of the Committee on Freedom of Association of the International Labour Organization, in paragraph 676 of its 328th Report (June 2002), and in accordance with its legal powers, authorizes the request for reinstatement and payment of outstanding wages initiated by Omar Burgos, identity card No. 8.177.614, Sandra Velásquez, identity card No. 9.098.148, Jorge Moreno, identity card No. 6.048.198, Delvis Beomont, identity card No. 12.117.673 and Alfonso Perdomo, identity card No. 11.320.570 against the Foundation of the Museum of Contemporary Art in Caracas. Therefore, the latter is ordered to immediately reinstate the abovementioned workers in their usual jobs and under the same conditions as they enjoyed when they were dismissed, with the subsequent payment of outstanding wages backdated to the dates on which they were dismissed up until and including the time of their respective reinstatements. This order includes granting them the benefits and advantages that they enjoyed as a result of their jobs at the time of their dismissals and that are enjoyed by the other workers at the Foundation, without provoking further discrimination.
7. 1137. However, regardless of the abovementioned administrative ruling, the Foundation still refuses to comply.
8. C. The Government’s further reply
9. 1138. In its communication of 22 November 2002, the Government stated that the Libertador Municipality Labour Inspectorate of the Capital District began an independent and impartial investigation into the proceedings relating to the reinstatement and payment of back wages. However, this investigation did not have the collaboration of the employer’s representatives, the Foundation of the Museum of Contemporary Art in Caracas, in spite of the fact that this is a public foundation attached to the Ministry of Education, Culture and Sports. In fact, the employer’s representatives wanted to enter into further administrative irregularities, which were repudiated and condemned by the Ministry of Labour employees.
10. 1139. In this context, the Libertador Municipality Labour Inspectorate of the Capital District endorsed Ruling No. 1010-01 relating to the requests for reinstatement of the trade union officers and members Jorge Moreno, Delvis Beomont, José Gregorio González, Omar Burgos, Alfonso Perdomo, Miriam Mayorga and Sandra Velásquez. The Directorate of Foreign Affairs and Relations with the ILO of the Ministry of Labour informed the municipal Labour Inspectorate of the existence of international proceedings and provided the interim conclusions and recommendations of the Committee on Freedom of Association. On 2 September 2002, after overcoming the procedural measures introduced by the employer, they proceeded, under administrative Ruling No. 198-02 to order the reinstatement and payment of outstanding wages of the workers concerned.
11. 1140. Based on the aforementioned administrative ruling, issued in compliance with the recommendations of the Committee on Freedom of Association, the Ministry of Education, Culture and Sports, on 7 October 2002, in a communication sent to its Deputy Minister for Culture, conveyed to the employer, the Foundation of the Museum of Contemporary Art in Caracas, the ruling issued by the International Labour Organization. However, the employer continues to show reluctance to comply with the orders of the Labour Inspectorate and the Ministry of Education, Culture and Sports, and the employees remain dismissed from their jobs, and some have ceased their trade union action, defeated by the situation of hardship in which they find themselves as a result of the lost wages of the recent months. Because of this, the Labour Inspectorate advanced the sanctions’ procedure for non-compliance with the orders to reinstate the workers and pay outstanding wages. On 13 November 2002, the Labour Inspectorate issued administrative Ruling No. 097, imposing a fine equivalent to US$800 on the employer.
12. 1141. Similarly, given the insistence of the employer to create a parallel union, under its control, in outright violation of Article 2 of Convention No. 98, the Government states that the Labour Inspectorate proceeded to order, in November 2002, that the files of the collective bargaining procedure that was undertaken to sign a collective agreement without the workers’ knowledge be closed. The labour administration has brought the seriousness of these activities for human rights and international obligations by the Republic to the attention of the Ministry of Education, Culture and Sports.
13. 1142. The Government also states that the Ministry of Labour ordered the removal of the labour inspectors who, in the beginning, acting as individuals, did not act correctly with regard to this case. With this reprimand impending, the inspectors concerned resigned from their jobs.
14. 1143. In spite of all these proceedings and undertakings, the labour administration notes with concern and regret that three of the five persons dismissed, José Gregorio González, Delvis Beomont and Miriam Mayorga, have abandoned their claims, which is irrevocable from the legal point of view. This situation alerted the labour administration to the need to implement steps to expedite the administrative procedure, a problem and a pattern for long-standing violations of human rights in our country, in order to make it faster and more timely.
15. 1144. The Government concludes by stating that the Ministry of Labour through the Directorate of Foreign Affairs and Relations with the ILO, will keep the Labour Inspectorate informed of the conclusions and recommendations of the Committee on Freedom of Association and will propose strong measures against the representatives of the Foundation of the Museum of Contemporary Art in Caracas.

D. The Committee’s conclusions

1. 1145. With regard to the dismissal of five trade union officials by the Foundation of the Museum of Contemporary Art in Caracas (“Sofia Imbert” (SUTRAMACCSI)), the Committee notes with concern that, according to the complainant organization and the Government, this Foundation continues in its refusal to comply with the administrative ruling of the Labour Inspectorate, dated 2 September 2002, ordering the reinstatement of those trade union officials dismissed with payment of back wages. The Committee welcomes the issuing of the aforementioned administrative ruling and welcomes the fact that the Labour Inspectorate imposed a fine equivalent to US$800 on the Foundation on 13 November 2002. However, the Committee regrets that the administrative decisions were only made in September and November 2002, while the dismissals date from 3 December 2001, with the result that, as noted by the Government, three of the five trade union officials dismissed have decided to renounce their claims. The Committee notes that the Government shares the need for more rapid procedures and requests it to take the appropriate legislative or other steps in order to speed up proceedings relating to anti-union discrimination. In this respect, the Committee reminds the Government that the technical assistance of the ILO is at its disposal. The Committee requests the Government to continue to take the necessary measures (including sanctions) to ensure the reinstatement of the trade union officials who remain dismissed and the payment of their outstanding wages, and to keep it informed in this respect.
2. 1146. With regard to the allegation concerning connivance between the Labour Inspectorate and the Foundation to create a parallel trade union, the Committee notes with interest the Government’s statements according to which: (1) the Minister ordered the removal of the labour inspectors who had committed irregularities; and (2) the new inspectors ordered that the files of the collective bargaining procedure with the parallel trade union in order to sign a collective agreement without the workers’ knowledge be closed.

The Committee's recommendations

1. 1147. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to take the necessary measures (including sanctions) to ensure the reinstatement of the trade union officials who remain dismissed by the Foundation of the Museum of Contemporary Art of Caracas and the payment of the wages owing to them. The Committee requests the Government to keep it informed in this regard.
   • (b) The Committee requests the Government to take the necessary legislative or other steps to speed up the procedures relating to anti-union discrimination.
   • (c) The Committee reminds the Government that the technical assistance of the ILO is at its disposal in relation to the issue of slowness of the pending proceedings concerning anti-union dismissals and other acts of anti-union discrimination.