Interim Report - Report No 343, November 2006

Case No 2392 (Chile) - Complaint date: 14-OCT-04 - Closed

Allegations: The complainant alleges various anti-union practices by the Television Corporation of the Pontifical Catholic University of Chile, including discrimination against the general secretary of the complainant trade union, the dismissal of trade union members, violations of the right to collective bargaining and the fact that it is impossible for the union to recruit members contracted through external enterprises

364. The Committee examined this case at its meeting in November 2005 and presented an interim report to the Governing Body [see 338th Report, paras. 645-681, approved by the Governing Body at its 294th Session (November 2005)].

1. 365. The Government sent new observations in a communication dated 6 January 2006.
2. 366. Chile 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 case

1. 367. In its previous examination of the case in November 2005, the Committee made the following recommendations [see 338th Report, para. 681]:
2. (a) While noting that the first instance rulings which are currently the object of an appeal found that the dismissals of workers in Channel 13 TV were based on strictly economic criteria and/or internal restructuring, the Committee requests the Government to send the text of the first instance rulings or appeal rulings handed down in connection with the various allegations made by the complainants in a communication of 14 October 2004 so that it may pronounce itself in full knowledge of the facts.
3. (b) The Committee requests the Government to send additional observations on the information sent by the Federation of Trade Unions of Chilean Television Channels and Production Companies (FETRA-TV) on 30 March 2005, concerning discrimination against the general secretary of the union by assigning certain operations for which he had been responsible to a contracting enterprise; pressure from the corporation for workers to abandon collective bargaining, along with economic incentives for those who were not part of the bargaining group prejudicial to those who were members; failure to comply with the provisions of the collective contract; the recent dismissal of three union members; impossibility for the union to recruit members contracted by external enterprises; and the signing by workers of individual contracts imposed by the corporation which exclude them from collective bargaining. The Committee also requests the Government to communicate the judgement pronounced on the judicial request regarding these issues.
4. B. The Government’s reply
5. 368. In its communication dated 6 January 2006, the Government reiterates its previous statements and updates the information supplied previously to the Committee on Freedom of Association concerning the status of the anti-union and other actions brought against the Television Corporation of the Pontifical Catholic University of Chile.
6. 369. Specifically, the Government states that:
7. – the actions for alleged anti-union practises, Nos. 3546-04 and 2561-04, brought by the Labour Directorate before the Fourth Court of Labour Law of Santiago, were dismissed by the initial ruling. Appeals were lodged in both cases (under Nos. 8392-2004 and 7065-2004) and the Appeals Court of Santiago upheld the rulings handed down by the court of first instance;
8. – the other anti-union action, No. 1677-05, was brought by the complainant trade union and is being heard by the Third Court of Labour Law of Santiago. After the order to produce evidence had been issued on 22 December 2005, the Trade Union of the Television Corporation of the Pontifical Catholic University of Chile lodged an agreement, the final recorded action pertaining to the abovementioned case file;
9. – actions Nos. 3716-04, 4392-03 and 4391-03 were heard by the First, Second and Fourth Courts of Labour Law of Santiago respectively, with these courts being requested to pronounce on the allegations of anti-union practices disputed by the parties through the legal actions;
10. – as regards the other legal actions on which information was sent, relating to fines for infringements, which are being heard by the Third Court of Labour Law of Santiago, it is possible to report that in Case No. 3716-04, the parties have been summoned to attend the court for the pronouncement of the ruling, whilst in Case Nos. 3717-04 and 3718-04, measures of enquiry involving the submission of documents have been ordered;
11. – as regards the case concerning simulated contracting (No. 3855-03) being heard by the Sixth Court of Labour Law of Santiago, the information supplied to the Committee in official document No. 640 of 9 February 2005 still applies.

C. The Committee’s conclusions

1. 370. The Committee observes that in this case, the complainants alleged the replacement of workers involved in a legal strike in 2004 at the Television Corporation of the Pontifical Catholic University of Chile; the use of labour-sourcing companies and false contracts for provision of services instead of employment contracts, leading to a fall in union membership, for anti-union purposes; mass dismissals since 2001 and other anti-union practices; discrimination against the general secretary of the union by assigning certain operations for which he had been responsible to a contracting enterprise; pressure from the corporation for workers to abandon collective bargaining, along with economic incentives for those who were not part of the bargaining group prejudicial to those who were members; failure to comply with the provisions of the collective contract; the recent dismissal of three union members; impossibility for the union to recruit members contracted through external enterprises; and the signing by workers of individual contracts imposed by the corporation which exclude them from collective bargaining.
2. 371. The Committee notes the statements from the Government to the effect that in one of the legal actions concerning anti-union practices, the complainant trade union lodged an agreement; in another case, the Appeals Court of Santiago upheld the decisions of the court of first instance, which had ruled against the trade union; in two other cases, the Government has requested information from the judicial authorities or is awaiting a ruling. The Committee requests the Government to send the texts of any rulings that have been or may be pronounced.
3. 372. The Committee notes that from the statements by the Government, it appears that the legal actions (brought by the enterprise) to challenge fines for infringements have not yet been concluded. The Committee requests the Government to keep it informed in this regard.
4. 373. Lastly, the Committee notes that with respect to the proceedings relating to simulated contracting (contracting of workers through third parties, in this case external enterprises), the Government states that the information previously supplied to the Committee on the status of the case still applies (the enterprise had lodged a legal appeal against the administrative fine and a verdict on the case is still being awaited). The Committee requests the Government to keep it informed in this regard.

The Committee's recommendations

1. 374. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to send the texts of any rulings that have been or may be pronounced in relation to the actions concerning anti-union practices brought against the Television Corporation of the Pontifical Catholic University of Chile.
   • (b) The Committee requests the Government to keep it informed of developments in the actions brought by the enterprise with the aim of challenging the administrative fines imposed for infringements of labour legislation and simulation (of labour contracts through third parties, in this case external enterprises).