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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body- 12. The Committee last examined this case at its March 2012 meeting [see 363rd Report, paras 290–312], when it made the following recommendations:
- (a) The Committee requests the Government to take the necessary steps to ensure that the ATE is not excluded from bargaining on the conditions of employment of workers of the Teatro Colón autonomous body.
- (b) The Committee requests the Government to take the necessary steps – including amendments to the legislation if necessary – to ensure that responsibility for declaring a strike illegal lies not with the Government but with an independent body which has the confidence of the parties involved.
- (c) The Committee requests the Government to keep it informed of the judicial decision with regard to the application for the lifting of the trade union immunity of the eight ATE officers sanctioned with termination and to indicate whether the allegations of suspension of other workers have been subject to judicial proceedings.
- 13. In a communication dated 26 November 2012, the Government sent the reply submitted by the Government of the Autonomous City of Buenos Aires (GCBA), which indicated: (1) with regard to recommendation (a), the GCBA confirms its commitment to include in collective bargaining all trade unions recognized on the basis of their membership, in accordance with international labour standards, and consequently the Association of State Workers (ATE) was involved in the negotiations held in respect of the City of Buenos Aires that resulted in the collective labour agreement concluded in 2010, which is applicable to all workers in the executive power; (2) with regard to recommendation (b), the recommendation has been noted and the possibility will be evaluated of setting up an independent body that can take responsibility for declaring strikes illegal or not; and (3) in a ruling issued in September 2012, the judicial authority denied the request of the administrative authority to lift the trade union immunity (protection that prevents dismissal) of one trade union official.
- 14. In a communication dated 22 March 2013, the ATE states that the Committee’s recommendations were ignored, and it specifically alleges: (1) non-compliance with judicial rulings of 2008 and 2012 which provided that the Government of the City of Buenos Aires should continue to bargain collectively in the Teatro Colón and that the ATE should be involved; and (2) that although National Labour Court No. 76 ruled against the request to lift the trade union immunity of one trade union official, other courts, in violation of the National Constitution and international treaties, granted requests to lift the trade union immunity of two trade union officials (according to the complainants, these rulings were appealed and are currently pending before the National Labour Appeals Tribunal).
- 15. The Committee takes note of all the information sent by the Government and the additional information provided by the ATE. In this respect, the Committee requests the Government to send its response concerning the additional information provided by the ATE and, in particular, to keep it informed about the result of the appeals relating to the lifting of the trade union immunity of two ATE trade union officials (Mr Máximo Parpagnoli and Mr Pastor Mora). Furthermore, the Committee requests the Government to keep it informed about the status of the five other trade union delegates who had also allegedly been the object of legal action to lift their trade union immunity.
