Effect given to the recommendations of the committee and the Governing Body - Report No 383, October 2017

Case No 2837 (Argentina) - Complaint date: 03-FEB-11 - Closed

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

1. 14. The Committee last examined this case at its November 2013 meeting [see 376th Report, paras 14–20] and, on that occasion: (i) requested the Government to keep it informed of the final rulings handed down in relation to the cases mentioned concerning the lifting of the trade union immunity of the Association of State Workers (ATE) delegates, Mr Jorge Mora Pastor, Ms Susana Inés Benítez, Mr Carlos Saúl de Jesús Flores, Mr Oscar Ricardo Ochoa and Mr José Esteban Piazza; and (ii) encouraged the Government to take increased measures to promote collective bargaining in the Teatro Colón, with the intervention of the ATE, and to keep it informed of any new collective agreements concluded.
2. 15. In communications dated 5 May 2014 and 22 February 2016, the Government provides information on the current status of the court cases brought against various ATE union leaders and delegates, and states that: (i) on 9 September 2014, the application filed by the Government of the Autonomous City of Buenos Aires (GCBA) with the Supreme Court of Justice against the decision rejecting the extraordinary federal appeal lodged by the Government, concerning the ruling that settled the summary trial between the GCBA and Máximo Parpagnoli, was declared irreceivable; (ii) on 21 August 2014, the application filed by Mr Jorge Pastor Mora with the Supreme Court of Justice was rejected, confirming the exclusion of protection for Mr Pastor Mora; (iii) on 18 December 2014, the expiry of the authority in the case brought by the GCBA against Ms Inés Susana Benítez, by decision of the National Chamber of Appeals, was confirmed; (iv) on 7 October 2015, the ruling of the National Chamber of Labour Appeals was confirmed, excluding protection for Mr Carlos Alejandro Saúl de Jesús, owing to the extraordinary federal appeal lodged by the defendant being rejected; (v) on 20 August 2014, the Supreme Court of Justice rejected the application filed in the GCBA proceedings against Mr Oscar Ricardo Ochoa; and (vi) on 20 August 2014, the Supreme Court of Justice rejected the application filed in the GCBA proceedings against Mr José Esteban Piazza. The Committee notes this information.
3. 16. The Committee observes that the Government has not, by contrast, provided any information on the promotion of increased measures for the inclusion of the ATE in the collective bargaining of the Teatro Colón, nor on the conclusion of new collective agreements within that institution. In the absence of new information from the complainant for a period of many years, the Committee reiterates its hope that the ATE will not be excluded from the negotiations on the working conditions of workers at the Teatro Colón, and will not pursue its examination of this case.