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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- 154. The Committee last examined this case, submitted in August 2015, at
its June 2017 meeting [see 382nd Report, paras 519–543]. The present case concerns
allegations of anti-union practices carried out by a pharmaceutical company against the
company employees’ Association (BTCEA–FFW), including the registration of a new
corporation to get rid of the union and to renege its obligations under the existing
collective agreement. In its last examination of the case, the Committee noted with
interest the February 2016 decision of the National Labour Relations Commission in which
it found both the company and the new corporation guilty of unfair labour practices and
ordered the payment of damages, as well as the perpetuation within the framework of the
new corporation of both the recognition of the union and the validity of the collective
agreement. The Committee urged the Government to ensure that the status of the union and
the collective agreement were valid pending any decision on appeal and requested it to
provide a copy of the arbitration decision.
- 155. The Government provides observations in a communication dated 1
October 2019, indicating in particular that the Fourth Division of the National Labour
Relations Commission affirmed the February 2016 arbitration decision.
- 156. The Committee notes with interest the above information and
understands that the BTCEA–FFW has been recognized as a legitimate bargaining agent
within the framework of the new corporation. In these circumstances, the Committee
considers this case closed and will not pursue its examination.
