Effect given to the recommendations of the committee and the Governing Body - Report No 343, November 2006

Case No 2259 (Guatemala) - Complaint date: 25-MAR-03 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 84. The Committee last examined this case at its March 2006 meeting [see the Committee’s 340th Report, paras. 831-861]. On that occasion, the Committee made the following recommendations:
   • (a) As regards the allegations concerning illegal dismissals, disciplinary proceedings, dismissals without just cause in connection with reorganization, and transfers intended to force workers belonging to UNSITRAGUA in the Office of the Attorney-General of the Nation to resign, the Committee requests the Government to keep it informed regarding the pending legal decisions and to inform it whether the other dismissed or transferred workers have initiated legal or administrative proceedings and, if so, to inform it of the decisions taken.
   • (b) As regards the alleged acts of anti-union discrimination against members of the Trade Union of Workers of the Secretariat of Public Works of the First Lady of the Republic (Dilia Josefina Cobox Ramón and Edna Violeta Díaz de Reyes), the Committee requests the Government to carry out an independent inquiry without delay and to keep it informed in that regard.
   • (c) As regards the alleged supervision and interference by the State in the management of trade union funds, the Committee once again requests the Government to ensure that the functions of the Superintendent for Tax Administration are brought into line with the specific principles of the financial autonomy of trade union organizations and, in consultation with the trade union confederations, to modify the legislation as necessary in this direction, and to keep it informed of measures taken in this respect.
   • (d) In regard to the undertaking by the Union of Independent Traders of the Central Campus of the University of San Carlos of Guatemala (SINTRACOMUSAC) and the University to resolve, by means of a direct agreement, the conflict between them, reached during the meeting held on 9 June 2005 within the framework of the Tripartite Commission on International Labour Affairs, the Committee requests the Government to keep it informed in regard to the direct agreement to be reached.
2. 85. In its communication of 29 May 2006, the Trade Union of Workers of Guatemala (UNSITRAGUA) stated, in connection with the allegations concerning the Secretariat of Public Works of the First Lady of the Republic, that the cases have not been brought before the courts because the National Civil Service Board has not taken a decision on the complaints concerning the dismissals.
3. 86. As regards the supervision of the State in the management of trade union funds, UNSITRAGUA indicates that to date there has been no consultation with the trade union organizations on any reforms aimed at preventing such supervision by the Superintendent for Tax Administration.
4. 87. As regards the allegations concerning the University of San Carlos of Guatemala, the trade union states that no agreement has been reached, that the University’s advisers and representatives have refused to acknowledge the representative character of the Union of Independent Traders of the Central Campus of the University of San Carlos of Guatemala (SINTRACOMUSAC) and have insisted on negotiating with individual union members, rejecting any agreement with the union.
5. 88. In its communications of 1 and 28 June 2006, the Government indicates, with regard to the dismissal of Ms. Edna Violeta Díaz de Reyes, who held the post of secretary for inter-union relations within the executive committee of the Trade Union of Workers at the Secretariat of Public Works of the First Lady of the Republic that, on 22 May 2006, the labour inspectors visited the secretariat, with both the employer and workers’ representatives being present. The latter stated that, in 2004, there were dismissals, but that proceedings against that decision were still in progress. The Government states, in this regard, that the parties at that meeting stated their intention to resolve the disputes still pending through conciliation. According to the Government, the workers’ representatives at that meeting stated that there were currently no anti-union acts.
6. 89. The Committee takes note of this information. It notes, however, that UNSITRAGUA states that the National Civil Service Board has not yet given a ruling on the complaints lodged by the workers concerned, which prevents them from seeking recourse to the courts. In this regard, given the Government’s information with regard to the situation of Ms. Cobox Ramón to the effect that although proceedings are under way, the social partners concerned are willing to resolve the issue through conciliation, the Committee requests the Government to indicate whether that includes the alleged acts of anti-union discrimination against Ms. Cobox Ramón and Ms. Díaz de Reyes, as the Government does not refer to these, and to keep it informed of any agreement reached.
7. 90. As regards the undertaking by SINTRACOMUSAC and the University to resolve, by means of a direct agreement, the dispute between them, the Committee notes that according to the most recent communication of UNSITRAGUA, not only has no agreement been reached, but the University, in addition, insists on negotiating with individual union members. The Committee recalls that direct negotiation between the undertaking and its employees, bypassing representative organizations where these exist, might be detrimental to the principle that negotiation between employers and organizations of workers should be encouraged and promoted [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 785]. The Committee requests the Government to take the necessary steps to ensure that the parties reach a direct agreement to end the collective dispute between them, in accordance with their undertaking, and to ensure that negotiation with individual workers is not detrimental to collective negotiation with the trade union organization.
8. 91. The Committee notes that the Government has not sent its observations on: (a) the allegations concerning illegal dismissals, disciplinary proceedings, dismissals without just cause on grounds of reorganization, and transfers intended to force members of UNSITRAGUA at the Office of the Attorney-General of the Nation to resign, in connection with which it had requested the Government to keep it informed of any pending judicial decisions and inform it as to whether the other dismissed or transferred workers had initiated legal or administrative proceedings and, if so, to inform it of the decisions taken; and (b) the alleged supervision and interference by the State in the management of trade union funds, in connection with which the Committee had requested the Government to ensure that the functions of the Superintendent for Tax Administration were brought into line with the principles relating to the financial autonomy of trade union organizations, and, in consultation with the trade union confederations, to modify the legislation as necessary in this direction, and to keep it informed of measures taken in this respect. The Committee once again requests the Government to keep it informed of these two issues.