Informe provisional - Informe núm. 122, 1971

Caso núm. 554 (Brasil) - Fecha de presentación de la queja:: 11-MAY-68 - Cerrado

1. 106. This case has already been examined by the Committee at its sessions in November 1968, February 1969 and May 1969. On each of these occasions the Committee submitted an interim report to the Governing Body. The first appears in paragraphs 305 to 330 of its 108th Report, the second in paragraphs 159 to 177 of its 110th Report and the third in paragraphs 129 to 147 of its 112th Report. These reports were approved by the Governing Body at its 173rd, 174th and 175th Sessions (November 1968, March 1969 and May 1969) respectively.
2. 107. When this case was last examined, two of the original three allegations remained outstanding. One related to the military occupation of premises belonging to the Osasco Metalworkers' Union, the other concerned the military occupation of the premises of the Union of Petroleum Workers of Bahia and the arrest of officials of that union.
3. 108. Brazil has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), but not the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

A. A. The complainants' allegations

• Allegations relating to the Military Occupation of the Premises of the Union of Petroleum Workers of Bahia and the Arrest of Officials of That Union
  109. 109 It was alleged on 22 July 1968 that the officials of the Petroleum Workers' Union had been imprisoned and the premises of the Union invaded by military forces.
  110. 110 At its session in February 1969 the Committee noted that the Government had not yet supplied its observations on this aspect of the case, and recommended the Governing Body to request the Government to be good enough to furnish the information requested.
  111. 111 In this communication of 22 April 1969 the Government stated that the allegations in question were untrue, that the Union's headquarters had never been occupied militarily, and that the officials of the Union had not been imprisoned but had been removed from office for having been guilty of major misappropriation of union funds.
  112. 112 The Government stated further that " the union, thus rid of elements guilty of misappropriation, was placed under the control of the administration of the occupational category of petroleum workers ".
  113. 113 When the Committee examined this aspect of the case at its session in May 1969, it came to the conclusion that the Union had been placed under government control.
  114. 114 In these circumstances, and recalling the importance that should be attached to the principle that workers' and employers' organisations shall have the right to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes and that the public authorities shall refrain from any interference which would restrict this right or impede its lawful exercise, the Committee thought it advisable to recommend the Governing Body to request the Government to be good enough to state, in general terms, what was the present position of the Petroleum Workers' Union and whether new elections had been held in the Union.
  115. 115 The Government sent its further observations on the case under cover of two letters dated 2 February 1970 and 8 December 1970.
  116. 116 With its first letter the Government transmitted a communication of the Ministry of Labour dated 15 September 1969, which contains no reference to the " Union of Petroleum Workers ", but instead provides information on events occurring within the " Union of Workers in the Petroleum Extraction Industry of the State of Bahia " and the " Union of Workers in the Petroleum Refining and Distilling Industry of the State of Bahia ". As regards the former, the Ministry of Labour indicates that the authorities had replaced the management committee of the Union by a provisional committee and that elections were scheduled for 3 to 5 November 1969. As regards the latter union, the Ministry indicates that the authorities had appointed a provisional management committee but had not so far provided for the holding of elections.
  117. 117 In its communication of 8 December 1970 the Government states that the Union of Workers in the Petroleum Distilling and Refining Industry of Bahia organised elections between 4 and 6 May 1970 and that the newly elected administration took up office on 6 June 1970. No reference is made by the Government to the other organisations.
  118. 118 The Committee wishes to point out once again that while certain exceptional circumstances might arise which might warrant the intervention of the authorities, for the taking over of a union to be admissible, it had to be temporary and aimed solely at permitting the organisation of free elections.
  119. 119 In these circumstances, the Committee recommends the Governing Body:
       • (a) to note that elections have been held in the Union of Workers in the Petroleum Distilling and Refining Industry of Bahia;
       • (b) to ask the Government to clarify, as a matter of urgency, the situation in respect of the Union of Petroleum Workers of Bahia and the Union of Workers in the Petroleum Extraction Industry of the State of Bahia.
  120. Allegations Relating to the Military Occupation of the Premises of the Osasco Metalworkers' Union
  120. 120 It was alleged that the premises of the Osasco Metalworkers' Union had been occupied by military forces.
  121. 121 When considering this aspect of the case at its session in February 1969 the Committee noted that, during the strike movement in Osasco, acts of violence were committed which had led the authorities to occupy the premises of the Osasco Metalworkers' Union. Although it was not explicitly stated in the Government's observations, the Committee had come to the conclusion that the Union had been kept under government control. It had accordingly recommended the Governing Body to request the Government to be good enough to state, in general terms, what was the position of the Osasco Metalworkers' Union and whether new elections had been held in the Union.
  122. 122 In its reply, dated 22 April 1969, the Government stated that the chairman and officials of the Union implicated in the disturbances had left Osasco and that the headquarters of the Union were occupied by several agitators. In the absence of the officials, the Government continued, the Minister of Labour appointed an executive council " to restore order, administer the Union and organise elections within ninety days ". The Government further declared that the chairman of the new executive council, on going to the Union's headquarters, was refused entry by persons " who held no kind of elective mandate in the affairs of the Union ": students, a deputy and some unidentified individuals who had to be removed by force. The Government stated, in conclusion, that " finally and after the requisite formalities, the Union's headquarters were freed and returned to their legitimate occupants, the workers, whereupon the situation returned to normal ".
  123. 123 The Committee, at its session in May 1969, concluded that the " legitimate occupants " referred to in the Government's reply, meant the executive council appointed by the Minister and that therefore the Union remained under government control. Accordingly, the Committee once more requested the Government to state, in general terms, what was the position of the Osasco Metalworkers' Union and whether new elections had been held in the Union.
  124. 124 To date the Government has not sent the information requested.
  125. 125 In these circumstances, the Committee recommends the Governing Body to request the Government to indicate, as a matter of urgency, whether the present administration of the Osasco Metalworkers' Union consists of persons appointed by the Minister or of persons freely elected by the workers themselves.

The Committee's recommendations

1. 126. Concerning the case as a whole the Committee recommends the Governing Body:
   • (a) with regard to the allegations relating to the military occupation of the premises of the Union of Petroleum Workers of Bahia and the arrest of officials of that union:
   • (i) to note that elections have been held in the Union of Workers in the Petroleum Distilling and Refining Industry of Bahia;
   • (ii) to ask the Government to clarify, as a matter of urgency, the situation in respect of the Union of Petroleum Workers of Bahia and the Union of Workers in the Petroleum Extraction Industry of the State of Bahia;
   • (b) with regard to the allegations of the military occupation of the Osasco Metalworkers' Union, to request the Government to indicate, as a matter of urgency, whether the present administration of the Union consists of persons appointed by the Minister or of persons freely elected by the workers themselves;
   • (c) to take note of the present interim report, on the understanding that the Committee will report again when it is in possession of the additional information specified in subparagraphs (a) (ii) and (b) above.