Interim Report - Report No 333, March 2004

Case No 2286 (Peru) - Complaint date: 05-MAY-03 - Closed

Allegations: The complainant alleges that as a result of the establishment of a trade union at Petrotech Peruana S.A., the enterprise dismissed the General Secretary and various workers who belonged to the trade union organization and furthermore filed a criminal complaint against the General Secretary of the trade union for having allegedly forged documents

1. 863. The complaint is contained in a communication dated 5 May 2003 from the National Federation of Petroleum and Allied Workers of Peru (FENPETROL). The Government sent its observations in a communication dated 15 October 2003.
2. 864. Peru 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. The complainant’s allegation

1. 865. In its communication of 5 May 2003, the National Federation of Petroleum and Allied Workers of Peru (FENPETROL) states that on 4 December 2002, workers at Petrotech Peruana S.A. established a trade union of sea and land workers of Petrotech Peruana S.A. with approximately 100 of the 200 or so workers employed by the enterprise.
2. 866. The complainant states that, given the workers’ determination to exercise their right of association, the enterprise’s management immediately proceeded to coerce and intimidate workers into leaving the trade union. Subsequently, the management dismissed various workers for alleged serious misconduct, with the sole aim of weakening the new trade union, and dismissed Mr. Leonidas Campos Barrenzuela, the General Secretary of the trade union.
3. 867. The complainant adds that the enterprise’s management proceeded to file a complaint with the state police against the General Secretary of the trade union for having committed a breech of trust, in this case, forgery; the District Attorney proceeded to file a criminal complaint against the aforementioned officer.

B. The Government’s reply

1. 868. In its communication of 15 October 2003, the Government indicates that on 23 September 2003, Petrotech Peruana S.A. stated that at that time it was negotiating the 2003?04 collective agreement submitted by the trade union of sea and land workers of Petrotech Peruana S.A. Talks were at the direct negotiation stage, and specific recognition was being given to the existence and legal status of the trade union.
2. 869. The Government adds that the accusations made by FENPETROL relating to the fact that the trade union initially had 100 members are false, given that according to the register of members submitted to the enterprise on 5 December 2002, the trade union consisted of 23 workers.
3. 870. As regards the complaint made by FENPETROL that the enterprise proceeded to coerce workers into leaving the trade union, the enterprise stated that although some workers had renounced trade union membership, these workers had done so of their own free will, as proven by the letters containing the notarialy certified signatures of the workers. With reference to the dismissal of the trade union officer, Mr. Leonidas Campos Barrenzuela, the enterprise stated that this decision was due to serious misconduct committed by the worker in question and that legal proceedings initiated by the aforementioned worker to challenge the dismissal were currently being processed by the 20th Labour Court of Lima, which would be responsible for assessing the case in question.
4. 871. Lastly, the Government reports that, as regards the accusation of forgery, the enterprise states that it proceeded to make this accusation given that the workers’ signatures contained in the document establishing the trade union were clearly different from those registered by the enterprise, and that this procedure had taken its normal course.

C. The Committee’s conclusions

1. 872. The Committee observes that in the present case the complainant alleges that following the establishment of the trade union of sea and land workers of Petrotech Peruana S.A. in December 2002, Petrotech Peruana S.A. proceeded to: (1) intimidate workers into leaving the trade union; (2) dismiss the General Secretary and various workers who belonged to the trade union; and (3) accuse the General Secretary of forging documents (the complainant attached a copy of the order issued by the judge initiating the criminal investigation).
2. 873. As regards the allegation that the enterprise intimidated workers into leaving the trade union, the Committee notes that the Government states that Petrotech Peruana S.A. declared that although some workers had renounced their trade union membership, they had done so of their own free will, as proven by the resignation letters containing the certified signatures of the workers in question. Given the contradiction between the complainant’s allegations and the enterprise’s version of events, the Committee requests the Government to take measures without delay to conduct an independent investigation into these allegations and to send its observations in this regard, as well as to punish the guilty parties if the allegations are found to be true.
3. 874. As regards the alleged dismissal of Mr. Leonidas Campos Barrenzuela, General Secretary of the trade union at the enterprise, the Committee notes that the Government reports that Petrotech Peruana S.A. stated that this was due to serious misconduct and that legal proceedings objecting to the dismissal were currently under way. In this regard, the Committee requests the Government to provide further information on the serious misconduct and the acts allegedly committed by the trade union officer in question and which led to his dismissal, as well as information on the outcome of the legal proceedings, and, should the legal authority conclude that his dismissal was unjustified, to guarantee that Mr. Leonidas Campos Barrenzuela be reinstated in his job, without loss of pay.
4. 875. As regards the criminal complaint against Mr. Leonidas Campos Barrenzuela, General Secretary of the trade union at Petrotech Peruana S.A., for having allegedly forged documents, the Committee notes that the Government reports that Petrotech Peruana S.A. stated that this was due to the fact that the workers’ signatures contained in the document establishing the trade union were clearly different from those registered by the enterprise. In this regard, the Committee requests the Government to keep it informed of the outcome of the criminal investigation under way.
5. 876. Lastly, the Committee regrets that the Government failed to send its observations on the alleged dismissal of various workers who belonged to the trade union (the name of which was not indicated by the complainant) for alleged serious misconduct, with the sole aim of weakening the new trade union, and requests the Government to conduct an independent investigation into this matter and, should it conclude that the workers in question were dismissed owing to their membership of the trade union recently established at the enterprise, to take measures so that they are reinstated in their jobs, without loss of pay.

The Committee's recommendations

1. 877. In the light of its foregoing interim conclusions, the Committee requests the Governing Body to approve the following recommendations:
   • (a) As regards the alleged intimidation of workers at Petrotech Peruana S.A. into leaving the trade union, the Committee requests the Government to conduct an independent investigation without delay into these allegations and to send its observations in this regard, as well as to punish the guilty parties if the allegations are found to be true.
   • (b) With reference to the dismissal of Mr. Leonidas Campos Barrenzuela, General Secretary of the trade union at the enterprise, the Committee requests the Government to provide further information on the alleged serious misconduct and the acts allegedly committed by the trade union officer in question and which led to his dismissal, as well as information on the outcome of the legal proceedings and, should the legal authority conclude that his dismissal was unjustified, to guarantee that Mr. Leonidas Campos Barrenzuela be reinstated in his job, without loss of pay.
   • (c) As regards the criminal complaint against Mr. Leonidas Campos Barrenzuela, General Secretary of the trade union at Petrotech Peruana S.A., for having allegedly forged documents, the Committee requests the Government to keep it informed of the outcome of the criminal investigation under way.
   • (d) The Committee notes with regret that the Government failed to send its observations on the allegations of dismissal of various workers who belonged to the trade union for alleged serious misconduct, with the sole aim of weakening the new trade union, and requests the Government to conduct an independent investigation into this matter and, should it conclude that the workers in question were dismissed owing to their membership of the trade union recently established at the enterprise, to take measures so that they are reinstated in their jobs, without loss of pay.