ILO-en-strap
NORMLEX
Information System on International Labour Standards

Effect given to the recommendations of the committee and the Governing Body - Report No 377, March 2016

Case No 2919 (Mexico) - Complaint date: 19-DEC-11 - Closed

Display in: French - Spanish

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

Effect given to the recommendations of the committee and the Governing Body
  1. 42. The Committee last examined this case concerning anti-trade union practices and interference by Atento Servicios SA de CV and two ballots to determine the most representative union, at its October 2014 meeting [see 373rd Report, paras 49–51]. On that occasion, the Committee: (i) indicated that it wished to receive information on whether the complainant trade union (the Union of Telephone Operators of the Mexican Republic (STRM)) filed a claim following the 2011 ballot alleging that the Progressive Union of Communication and Transport Workers of the Mexican Republic (SPTCTRM) (rival of the complainant organization) had not registered any company worker, and (ii) noting that the complainant organization indicated that it was prepared to request, once again, the bargaining rights for the collective agreement of the workers of Atento Servicios SA de CV, requested the complainant organization to keep it informed in that regard and once again emphasized the importance that it attaches, if there is a new ballot, to the authorities providing the safeguards necessary to avoid any allegation of irregularities, thus guaranteeing that the affected workers have a full and fair opportunity to participate, in an atmosphere of calm and security.
  2. 43. In its communication dated 27 January 2016, the Government states that, in relation to the November 2011 ballot, a number of appeals for juiscos de amparo (protection of a constitutional right) have been lodged, the most recent of which, lodged by the complainant organization against the ruling of 6 December 2011, was settled definitively by the Fifteenth Collegiate Labour Court of the First Circuit, which upheld the contested ruling. The Government states that, consequently, a decision was issued ordering that the files should be closed and that, in the absence of any challenge, both the ruling and the decision ordering that the files should be closed were, and still are, considered res judicata, the November 2011 ballot process having thus fully concluded.
  3. 44. As to the holding of a new ballot, the Government states that, on 7 November 2014, as a follow-up to the Committee's recommendation, the Local Conciliation and Arbitration Board of the Federal District (JLCADF) issued a resolution on the request for the bargaining rights for the collective agreement of Atento Servicios, ordering the holding of a new ballot on 21 November 2014. The JLCADF convened the workers of the abovementioned enterprise, setting out the basic guidelines for the procedure and providing for the presence of national and international observers. The Government indicates that, on the scheduled date, a ballot was held in line with the national Constitution, the Federal Labour Act, the case law of the Supreme Court of Justice of the Nation and the Committee's recommendations and observing the principles of publicity, impartiality, neutrality, legality, security, secrecy and certainty in terms of voting, and of publicity and transparency with regard to the counting of votes, without any of the parties raising an objection. The Government adds that 54 national and international observers took part in the process. The Government states that, as a result of the ballot, the trade union with the most votes was the Trade Union of Service, Communication and Transport Workers of the Mexican Republic, with a total of 2,305 votes, followed by the Union of Telephone Operators of the Mexican Republic (complainant organization), with 577 votes. Consequently, the defendant trade union retains the bargaining rights for the collective agreement of Atento Servicios, an outcome reflected in a ruling issued by the JLCADF on 17 March 2015.
  4. 45. Noting the information provided by the Government and not having received any further information from the complainant organization, the Committee will not continue with the examination of the case.
© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer