Informe provisional - Informe núm. 248, Marzo 1987

Caso núm. 1309 (Chile) - Fecha de presentación de la queja:: 03-OCT-84 - Cerrado

1. 437. The Committee has examined this case on several occasions, most recently at its November 1986 meeting, when it presented an interim report to the Governing Body (see 246th Report, paras. 266-312, approved by the Governing Body at its 234th Session (November 1986)).
2. 438. Subsequently, the ILO received the following communications from the complainants: World Confederation of Organisations of the Teaching Profession (WCOTP): 31 October 1986, 27 January and 3 February 1987; National Federation of Unions of Textile, Clothing and Allied Workers (FENATRATEX): 20 November 1986; and Miners' Confederation of Chile: 9 December 1986. The Government transmitted observations in communications of 22 January and 11 February 1987.
3. 439. Chile has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.87) nor the Right to Organise and Collective Bargaining Convention, 1949 (No.98).

A. Previous examination of the case

1. 440. At its November 1986 Session, the Governing Body approved various definitive conclusions reached by the Committee on certain pending allegations. The Committee also requested the Government to keep it informed of the outcome of the appeals lodged with the courts by six workers dismissed from the National Copper Corporation. Finally, the Committee had requested the Government to supply comprehensive observations on the most recent allegations presented in this case and summarised below.
2. 441. Attached to an ICFTU communication was a report of the Centre for Trade Union Research and Assistance in which it was alleged that early in the morning of 1 May 1986, the trade union premises belonging to the Confederation of Textile and Clothing Workers had been illegally searched.
3. 442. In its communication of 11 June 1986, the National Union of Workers of the Telephone Company of Chile stated that on 17 April 1986 it had presented a draft collective agreement to the Telephone Company in conformity with the legislation in force. The employer replied on 30 April 1986, raising objections to the draft in respect of the situation of replacement telephone operators, although the latter are not among those workers barred from collective bargaining under article 5 of Legislative Decree No. 2758. On 28 May 1986, after compulsory arbitration proceedings had been initiated, the Director of Labour issued a resolution in which it was decided to exclude from collective bargaining the situation of the 475 members of the union employed as replacement operators. The union pointed out that the persons concerned were covered by an indefinite work contract and had more than 8 years' continuous service in the undertaking. The union added that the Santiago Provincial Labour Inspector had issued on 9 May 1986 a totally contrary resolution which recognised the right of these workers to participate in collective bargaining. Lastly, the union indicated that it had submitted appeals to the courts but that the latter had not yet handed down their judgement.
4. 443. In its communication of 9 September 1986, the ICFTU alleged that Juan Fernando Reyes, President of the "El Roto Chileno" Peasants' Federation of Curico and his family had been subjected to constant threats since 2 July 1986. On several occasions, armed and masked civilians had conducted night searches at his home and destroyed furniture and other objects. The appeal for protection submitted by his lawyers had been rejected, as, according to police sources, no warrant for arrest or order of inquiry had been issued in his case. Since then, his home had again been searched and his wife severely beaten.
5. 444. In its communication of 9 September 1986, the FISE referred to the arrest by the security services of Mr. Guillermo Scherping, Under-Secretary of the Professional Association of Teachers of Chile. The FISE feared that his life was in danger.
6. 445. The National Confederation of Trade Unions in Building, Wood, Building Materials and Related Activities, for its part, referred to the warrant issued for the arrest of its president, Sergio Troncoso Cisternas. The complainant organisation pointed out that Mr. Troncoso, who had already been detained on several occasions, had been sought by persons in civilian clothes on 8 September 1986, when he was in the German Democratic Republic to attend the Congress of the World Federation of Trade Unions.
7. 446. CONSTRAMET indicated that its leaders José Ramón Avello Soto and Ronaldo Muñez Moreno had been sought by the police since the day following the proclamation of the state of emergency, 8 September 1986. Furthermore, a regional secretary of the organisation, Humberto Arcos Vera, was under permanent surveillance, as were the Confederation's offices. The complainant organisation also indicated that the police authorities had prohibited meetings of several constituent unions (the Eugenio González, Morgan and Fuenzalida Unions) which were in the process of negotiation.
8. 447. FENATRATEX referred to the dismissal of three trade union officials by the Viña dye works. It explained that these officials had been declared responsible for the fact that 30 of the 120 workers in the undertaking did not arrive for work on the protest day held on 5 September 1986, as they were without means of transport, sick or unable to leave their district which had been occupied by law enforcement agents. The undertaking then arbitrarily applied sections 15.1 and 15.4 of Legislative Decree No. 2200 which penalises unlawful acts preventing the worker from being present at his work or discharging his obligations as a worker and the direction of or active participation in any unlawful interruption or stoppage of work. The dismissals were decided without notice being given, without the right to compensation and in contravention of "trade union immunity".
9. 448. FENATRATEX indicated that 37 workers at the San Martino textiles undertaking had had to take the risk of meeting in private houses to discuss a draft collective agreement since a consequence of the proclamation of the state of emergency was to prohibit meetings of trade unions which do not possess their own premises.
10. 449. The Miners' Confederation alleged that several trade unionists had been dismissed for having participated in collective bargaining: in particular, the former official of the Lota Union No. 6 of the National Coal Enterprise (ENACAR), Fresia Mellado Opazo, and ten workers of Union No. 1 of Victoria de Lébu. It was alleged further that an official of ENACAR Union No. 1, Juan Carlos Salazar Sierra, had been disqualified from holding his union post and that workers at the Minero Cerro Negro undertaking, including the trade union official Rolando Chacana Ganzúa, had been arrested for purported theft of explosives. Lastly, it was alleged that, at the Agustinas de Copiapo mine, the Agustinas mining enterprise had unilaterally decided to lower salaries in 1984 and 1985 at a time when the collective agreement was in force.
11. 450. Finally, in a joint letter several Chilean national confederations indicated that the homes of officials of the Catering Confederation and the El Surco, Manuel Caro Castro and Enrique Avendaño Atenas Peasants' Confederation had been visited by unidentified persons.

B. New allegations

1. 451. In its communication of 31 October 1986, the WCOTP refers to acts committed against teachers and their trade union officials since proclamation of the state of emergency in the country. Thus, on 8 September 1986, Mr. Gaston Vidaurrazaga Manriquez was taken from his home and murdered. His body was found south of Santiago. Three other teacher trade union officials, Nelly Lemus, Julio Lobos and Berta Moya were threatened with death.
2. 452. The WCOTP also refers to the detention of Guillermo Scherping Villegas, Under-General-Secretary of the Professional Association of Teachers of Chile (AGECH) (already mentioned in an earlier complaint) and of Beatriz Brikmann Scheihing, teacher, who has been in jail since 24 September 1986.
3. 453. Lastly, the WCOTP alleges the dismissal of several teachers, including Mr. Fernando Azula, a national official of AGECH, who had previously been dismissed from educational institutions in 1983 and 1984. On 16 September 1986, an armed forces group searched his home, and he was held in custody for some time. During a visit to Spain, he had given an interview on 25 August 1986 to the newspaper "El Tiempo". On 16 September 1986, he was dismissed by Presidential Decree No. 1044 for having made that statement to the press. The WCOTP believes that his dismissal was mainly due to his trade union activities.
4. 454. In its communication of 20 November 1986, FENATRATEX complains of the withdrawal of the legal personality of the Inter-Works Union of Workers of Textile Enterprises of Santiago Province. This measure is alleged to have been taken because the union had complained to the Minister of Labour about anomalies in the textile sector. The withdrawal of the legal personality will also entail, for the second time, the seizure of its assets, inherited by virtue of a judicial decision from the industrial union "Tejidos Musalem" (its property had been seized for the first time in 1978).
5. 455. In its communication of 9 December 1986, the Miners' Confederation of Chile indicates that on 27 November 1986 two officials of Trade Union No. 6 of the National Coal Enterprise's Lota plant were arrested and required to open the union's office so that a search could be made. Since nothing was found, the two officials were freed. On 5 December, however, a group from the National Centre of Investigations again searched the union's office, where this time pamphlets and explosives mysteriously appeared. A union official, Julio Salazar Sierra, and one of its members, Patricio Sanhuza, were arrested.
6. 456. In its communication of 27 January 1987, the WCOTP refers to the Minister of the Interior's adoption of an Order (No. 1766) dated 28 May 1986 and concerning the reduction of the number of teachers in municipal schools. According to the instructions contained in this order, the Minister did not intend to extend the contracts of retired teachers, or those over 65 having 40 years of service, or those having more than 30 years of service. Later on, those teachers who did not have the necessary qualifications would apparently be dismissed. According to the WCOTP, this order was used differently: working teachers who were well qualified were dismissed because of their trade union activities. The WCOTP quotes a statement made by the Superintendent of the Concepción region to the effect that "political agitation will not be tolerated in schools". It considers that there is a real danger that trade union activities will be deemed to be political agitation.
7. 457. In support of the allegations contained in its communicatioin of 3 February 1987, the WCOTP supplies a list of 55 officials of the Professional Association of Teachers of Chile (AGECH) and of 15 officials of the Teachers' College of Chile who have been dismissed. It also supplies the breakdown, by province, of the number of dismissed teachers, which has now reached 3,835.

C. The Government's reply

1. 458. As regards the judicial appeals lodged by six workers dismissed from the National Copper Corporation, the Government indicates that the judge at El Salvador only allowed one of these workers' appeals (that of Mr. Raúl Nuñez Tapia) and ordered his reinstatement with payment of lost wages. The other appeals were rejected because the judge considered that the dismissals had been carried out in accordance with the law. A further appeal was then lodged with the Appeals Court, but was eventually withdrawn since those concerned had reached an agreement out of court on the payment of compensation.
2. 459. As regards the denial of the right of replacement operators of the Telephone Company of Chile to bargain collectively, the Government indicates that on 17 April 1986 the negotiating committee appointed by the governing body of the company's union of workers submitted a draft collective agreement to the company, which replied to the committee within the legal time-limit.
3. 460. On 5 May 1986, the workers' representative submitted a complaint to the Directorate of Labour, in exercise of the right granted by law, concerning the observations made by the enterprise in its reply, in particular as regards the exclusion of replacement operators from the draft collective agreement. On examining the individual employment contracts of these employees, the Directorate of Labour noted that the contracts contained a clause prohibiting them from bargaining collectively and from participating in negotiating committees. This clause had to be taken into account by the Directorate of Labour, since any document or contract signed or concluded in accordance with the legal formalities remains fully valid so long as it has not been declared null and void by a final judgement of the courts.
4. 461. The Government adds that administrative bodies like the Directorate of Labour are not competent to declare a contract's clause null and void. The collective bargaining exercise could thus not be the legal forum for declaring the validity or nullity of the clause in question. The replacement operators had been entitled by law to appeal to the courts within a period of 60 days from the date of their contract if they felt that the prohibition of collective bargaining it contained was not applicable to them, or to request, at any time, nullification of the clause. They had not, however, made use of those rights.
5. 462. On 5 June 1986, the National Union of Workers of the Telephone Company of Chile lodged an appeal with the Santiago Court of Appeals against the decision of the Directorate of Labour, which it considered arbitrary and illegal. The appeal was rejected in an order dated 4 July 1986. Appeals were then submitted to the Supreme Court of Justice, which also rejected them.
6. 463. In the Government's opinion, the decision of the Directorate of Labour was neither illegal nor arbitrary, since it was pronounced at the union's request in pursuance of section 28 of Legislative Decree No. 2758 on collective bargaining. On the contrary, it would have been arbitrary for the Directorate of Labour to disregard the effects of the clause prohibiting replacement operators from bargaining collectively. The Government also states that the Directorate of Labour's decision was not pronounced after the time-limit, for in order to be able to decide the question, it had had to request information from the negotiating parties for another decision adopted on 9 May 1986. The final decision was issued on 28 May 1986 after the information had been furnished on 22 May.
7. 464. Regarding the alleged police searches for Mr. Sergio Troncoso Cisternas, President of the National Confederation of Trade Unions in the Building, Wood, Building Materials and Related Activities, and Messrs. José Ramón Avello Soto, Ronaldo Muñez Moreno and Humberto Arcos Vera, officials of the Metallurgy Trade Unions Confederation, the Government states that the authorities of the Ministry of the Interior have not handed down any decision which might have affected the liberty of these persons on the date indicated.
8. 465. As for the dismissal of three trade union leaders by the Viña dye works, the Government states that their employment contracts had been terminated in accordance with section 15 of Legislative Decree No. 2200 of 1978 for having led an illegal strike on 5 September 1986. Those concerned had lodged a judicial appeal against this decision, requesting the cancellation of the dismissals and payment of the corresponding compensation.
9. 466. As regards the difficulties encountered by workers at the San Martino textiles undertaking in meeting to discuss a collective agreement, the Government states that these workers undertook a strike from 17 November to 4 December 1986 which was before the signature of a new collective agreement between the parties, an agreement has now been fully implemented.
10. 467. As for the dismissal of trade unionists by the National Coal Enterprise (ENACAR), the Government points out that the person referred to by the complainants, Mrs. Fresia Mellado Opazo, had not been a trade union official at the time of the collective bargaining in the Lota undertaking, that is, in September 1985. Contrary to the complainants' claims, neither was she a member of the negotiating committee. The Government explains that she had had trade union responsibilities in 1984, but the workers themselves had demanded her resignation and she had not been re-elected. According to the Government, the reasons for her dismissal were therefore not related to the collective bargaining.
11. 468. In the Lébu undertaking of the same enterprise, the leaders of Union No. 1 had called an illegal strike on 2 and 3 July 1986. The enterprise considered that this attitude infringed the provisions of Legislative Decree No. 2756 on trade union organisations of 1979 (section 7) which prohibits trade unions from carrying out acts aimed at endangering the rights laid down in the Constitution and laws, in particular freedom of the individual and the right to work. According to the Government, in the present case there was no problem linked to the economic situation of the workers in the enterprise, and the collective bargaining procedure was not under way. The enterprise requested the courts to dissolve the trade union, relying on section 52 of Legislative Decree No. 2756 of 1979, namely, serious non-observance of legal provisions or regulations. The judge rejected the request for dissolution and the trade union is therefore still functioning. In addition, relying on section 13 of Legislative Decree No. 2200 of 1978, ENACAR, in July 1986, terminated the contracts of ten workers of the Lébu undertaking for not having correctly and responsibly carried out their functions. The workers concerned signed receipts and received the legal compensation. None of them lodged an appeal with the labour inspectorate or the courts. According to the Government, it is not correct to state that these workers were dismissed for having participated in collective bargaining because the dismissals dated from July 1986, whereas bargaining commenced in November 1986.
12. 469. Regarding the disqualification of the official of Union No. 1 of ENACAR (Lota), the Government explains that the enterprise had requested the courts to dismiss this person. While proceedings were under way an agreement had been reached between the enterprise and the person concerned, according to which he would resign from the enterprise in return for the payment of a voluntary indemnity without prejudice to the contractual and legal compensation provided for. On 28 October 1986, Mr. Salazar irrevocably renounced his responsibilities as a trade union leader as is shown from the letters he signed in front of a notary public and which he sent to the trade union's executive and to the labour inspectorate of Coronel.
13. 470. As regards the arrest of workers at the Minero Cerro Negro undertaking, the Government indicates that, when the undertaking noticed that explosives were missing during an inventory, it filed a complaint with the courts. They ordered the arrest of three workers of the undertaking, who were released after an inquiry and against whom no charges were laid. The persons concerned are still working in the undertaking without any problem whatsoever.
14. 471. As regards the reduction in salaries unilaterally decided by the Agustinas mining enterprise, the Government states that the Regional Labour Directorate of Atacama had dispatched a labour inspector, who had been able to note that 42 of the 48 workers had agreed to changes in their labour contracts. These changes involved an update of their functions and a change in the remuneration structure abolishing bonuses and increasing the basic wage. There was thus no loss in the monthly amount received. When questioned, the workers concerned stated that they had voluntarily signed the changes with a view to normalising the situation of their remuneration. The president of the trade union in the undertaking stated, for his part, that there were no problems pending because the collective agreement was faithfully applied.
15. 472. According to the Government, the death of the teacher Gaston Vidaurrazaga Manriquez was investigated by the police; according to the police report this person was kidnapped on 8 September 1986 and his body found around three hours later showing traces of gunshots and injuries caused by blunt instruments. A magistrate has been appointed to investigate the matter and the inquiry is under way. As regards the death threats made against three teachers, the Government states that the persons concerned have lodged appeals for constitutional protection with the courts.
16. 473. Mr. Guillermo Scherping Villegas, referred to in the WCOTP and FISE complaints, was arrested in application of the provisions of the state of emergency under Supreme Decree No. 32 of 8 September 1986. On 12 September he was placed at the disposal of the Third Police Prefecture at Santiago. On 14 November the Ministry of the Interior ordered his release. According to the Government, his arrest was in no way connected to his supposed trade union activities.
17. 474. As regards the arrest of Mrs. Beatriz Brikmann Scheihing, the Government states that she was placed at the disposal of the military prosecutor. Proceedings against her are at the investigation stage. She is accused of having committed offences punishable under section 8 of Act No. 17798 on weapons control which concerns the creation or operations of private militias, combat groups or militarily organised parties. She is held at the Teja Island detention centre and has filed an appeal with the military courts, which is being heard. The Government states that meetings had been held in her home with a view to organising subversive actions.
18. 475. According to the Government, the dismissal of Mr. Azula Ponce, a teacher and official of AGECH, followed his earlier dismissals in 1983 and 1984 from municipal and subsidised colleges for complete disrespect of the orders of his superiors. Despite that, the Ministry of Education had re-employed him in establishments coming within its competence. The authorities had periodically met with him and had even intervened to obtain his release when he had been arrested for anti-Government activities. During a trip to Spain, he had given an interview to a newspaper during which he had supplied incorrect figures and given opinions, inappropriate for a public servant, on the Chilean educational system and on the Government. The Minister of Education considered his behaviour disloyal and contrary to public service ethics. His dismissal was confirmed by the Supreme Court with whom he had lodged an appeal. According to the Government, is is therefore not true to state that his dismissal was linked to his position as an official in a teachers' association.
19. 476. The Government refers to each of the alleged dismissals of other teachers, indicating that these measures were a result of errors of professional ethics (refusal to obey the orders of superiors), of the use of measures incompatible with the policy of participation in schools, insufficient qualifications and professional problems.
20. 477. As regards the complaint concerning the situation of the Inter-Works Union of Workers of Textile Enterprises of Santiago Province, the Government recalls that the transfer of assets of the trade union organisations of the textile sector which had been declared illegal in 1978 had already been examined by the Committee at its meeting of November 1986. It observes that, contrary to the situation that existed at that time, Chilean legislation no longer permits dissolution of trade unions by administrative action since the adoption of Legislative Decree No. 2756, published in the Official Gazette of 3 July 1979. Under that Decree (section 53), where a trade union is dissolved, its assets are used for the purposes specified in the statutes. Where no purpose is expressly mentioned, the President of the Republic specifies the purpose to which they are to be applied, which shall be to the advantage of a non-profitmaking body corporate, an effort being made, where possible, to ensure that they are used for the benefit of the workers living in the locality, commune, province or region where the trade union had its office.

D. The Committee's conclusions

1. 478. As regards the dismissal of six workers by the National Copper Corporation, the Committee notes that the courts ordered the reinstatement of one of those concerned, and that the others have withdrawn their appeals from the Court of Appeal after having arrived at an agreement with the undertaking.
2. 479. With reference to the allegations regarding the right of replacement operators of the Telephone Company of Chile to collective bargaining, the Committee takes note of the Government's explanations to the effect that the individual employment contracts of these employees prohibited them from bargaining collectively and that the Directorate of Labour was not competent to annul clauses of the contracts. The Committee also notes that those concerned did not appeal the matter to the courts that could decide on the possible nullity of such clauses. It must, however, draw the Government's attention to the fact that the right to free collective bargaining for all employees other than those acting as agents of the public authority is a basic trade union right (see, for example, 236th Report, Case No. 1206 (Peru), para. 491) and that consequently all telecommunications workers should enjoy that right. In the present case the Committee therefore considers that individual employment contracts should not contain clauses denying their holders the right to collective bargaining.
3. 480. As regards the police searches for trade union leaders of the building and metallurgy sectors, the Committee notes that, according to the Government, no such orders were given by the Ministry of the Interior, and that the persons concerned are free.
4. 481. The Committee notes as regards the dismissal of three trade union leaders of the Viña dye works that the persons concerned appealed against the dismissals to the courts.
5. 482. As regards the difficulties encountered by workers at the San Martino textiles undertaking in meeting to discuss a collective agreement, the Committee notes that the Government limits itself to stating that a collective agreement was concluded in the undertaking, without referring to the alleged violations of the right of assembly. The Committee must therefore recall that the right of trade unions to organise meetings freely constitutes a basic element of freedom of association, all the more so when collective bargaining is being prepared since that is a fundamental activity of trade union organisations.
6. 483. The Committee notes that as regards the dismissals in the coalmining sector (ENACAR company), the Committee notes that the workers concerned received the legal compensation and did not lodge appeals with the courts. Nevertheless, it observes that these dismissals were carried out after a strike had taken place, which the Government describes as illegal. In this respect, the Committee must point out that the exercise of the right to strike should not be restricted solely to industrial disputes likely to be resolved by a particular collective agreement. Workers and their organisations should be allowed to express in a broader context, if they so wish, their dissatisfaction as concerns economic and social matters affecting the interests of their members (see, for example, 181st Report, Case No. 899 (Tunisia), para. 242). The Committee is therefore of the opinion that the dismissals which took place following strikes of this kind are acts of anti-union discrimination contrary to the principle of freedom of association.
7. 484. As regards the disqualification of Mr. Salazar, an official of Union No. 1 of ENACAR (Lota), the Committee notes that he arrived at an agreement with the enterprise and resigned from his trade union functions in a letter signed in front of a notary public. The Committee therefore considers that this aspect of the case does not call for further examination.
8. 485. The Comittee notes that the three workers at the Minero Cerro Negro undertaking were arrested in the context of an inquiry into the theft of explosives and that they were released without having been charged. Given that these questions do not come within the domain of freedom of association, the Committee considers that this aspect of the case does not call for further examination.
9. 486. As regards the allegations concerning the reduction of salaries in the Agustinas mining enterprise, the Committee observes that the changes came about after an agreement had been signed with the workers of the enterprise with a view to changing the remuneration structure without any financial loss, and that the enterprise's collective agreement is being fully applied. In these circumstances, the Committee considers that this aspect of the case does not call for further examination.
10. 487. The Committee notes that the death of the teacher Gaston Vidaurrazaga Manriquez, mentioned in the WCOTP complaint, is the subject of a judicial inquiry.
11. 488. As regards the arrest of the AGECH trade unionists Guillermo Scherping Villegas and Beatriz Brikmann Scheihing, the Committee observes that the former was arrested under the state of emergency provisions, then released, and that the latter is detained for violation of the Act on weapons control. The Committee regrets that, in the case of Mr. Scherping, the Government did not supply details on the specific facts which gave rise to his arrest and that, in the case of Mrs. Brikmann, it limits itself to stating that she organised subversive meetings at her home. So as to be able to decide this latter question in full knowledge of the facts, the Committee should have at its disposal more detailed information on the nature and aims of these meetings.
12. 489. As regards the dismissals of teachers, the Committee notes that in certain cases these were based on reasons unconnected with freedom of association (insufficient qualifications, lack of discipline, professional problems). On the other hand, in the case of Mr. Azula Ponce, a national official of AGECH, the Government itself states that he was dismissed for having made statements to the press concerning the Chilean educational system. Given that this subject is within the competence of teachers' trade union organisations, the Committee would recall the provisions of the Resolution concerning trade union rights and their relation to civil liberties adopted by the International Labour Conference at its 54th Session (1970). The International Labour Conference pointed out on that occasion that freedom of opinion and expression and, in particular, the right not to be prejudiced because of one's opinions and the right to seek, receive and disseminate freely information and ideas through any means of expression, constitute civil liberties which are essential for the normal exercise of trade union rights.
13. 490. As to the situation of the Inter-Works Union of Workers of the Textile Enterprises of Santiago Province, the Committee observes that since 1979, Chilean legislation no longer provides for the dissolution of trade unions by administrative authority. On the question of the transfer of assets, the Committee notes that the provisions now in force leave the President of the Republic wide powers to decide what is to be done with a dissolved organisation's assets. The Committee must therefore emphasise, as it has already done in the present case when examining these allegations concerning dissolved organisations in the textile sector, that the assets of such organisations should ultimately be distributed among their members or handed over to their successor organisations, i.e. organisations which pursue the aims for which the dissolved trade unions were formed and which do so in the same spirit (see 246th Report, para. 307).
14. 491. Finally, the Committee notes that the Government had not replied to certain allegations presented in the present case, namely: the search of the premises of the Confederation of Textile and Clothing Workers and of the homes of the president of the "El Roto Chileno" Peasants' Federation and of officials of the "El Surco" Peasants' Confederation and the Catering Confederation; as well as the allegations contained in the most recent communications from the WCOTP concerning alleged dismissals for trade union activities under Order No. 1766 on the reduction of teaching posts.

The Committee's recommendations

1. 492. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • a) The Committee expresses its concern over the large number of complaints presented in the present case which reflect the serious difficulties confronting the Chilean trade union movement and its leaders.
   • b) As regards the denial of collective bargaining rights to replacement telephone operators of the Chile Telephone Company, the Committee considers that this category of workers should enjoy the right to collective bargaining, and requests the Government to take the necessary measures to annul clauses of individual employment contracts which deny employees that right.
   • c) As regards the dismissal of three trade union leaders by the Viña dye works, the Committee requests the Government to keep it informed of the outcome of the judicial appeals lodged by those concerned.
   • d) As regards the difficulties encountered by workers at the San Martino textiles undertaking, the Committee requests the Government to guarantee respect for the right of trade unions to meet freely, particularly in the context of preparations for collective bargaining.
   • e) As regards the dismissals in the coalmining sector, the Committee emphasises that such measures should not be taken as a punishment for strike action.
   • f) The Committee requests the Government to keep it informed of the outcome of the investigation into the death of the teacher Gaston Vidaurrazaga Manriquez.
   • g) The Committee requests the Government to supply more detailed information on the charges brought against Mrs. Beatriz Brikmann Scheihing.
   • h) As regards the dismissal of Mr. Azula Ponce, an official of AGECH, the Committee requests the Government to guarantee respect for the freedom of expression of trade union leaders, in accordance with the Resolution on trade union rights and their relation to civil liberties adopted by the International Labour Conference, and to ensure that no trade union leader is punished for having exercised this freedom of speech.
   • i) As regards the situation of the Inter-Works Union of Workers of Textile Enterprises of Santiago Province, the Committee notes that the legislation grants the President of the Republic wide powers to decide on the disposal of the assets of dissolved organisations, and requests the Government to amend the legislation so as to provide for distribution of the assets among the members or for their transfer to the organisations which succeed them.
   • j) The Committee requests the Government to supply its observations on the search of the premises of the Confederation of Textile and Clothing Workers and of the homes of several national trade union leaders, as well as on the dismissals allegedly carried out for trade union activities in the teaching sector.