Informe provisional - Informe núm. 283, Junio 1992

Caso núm. 1549 (República Dominicana) - Fecha de presentación de la queja:: 31-AGO-90 - Cerrado

1. 269. The committee has examined this case on two occasions, most recently at its May 1991 meeting when it submitted an interim report to the Governing Body (see 278th Report of the Committee, paras. 510-529, approved by the Governing Body at its 250th Session (May-June 1991)). The Dominican Electricity Corporation Workers' Trade Union (SITRACODE) sent new allegations in communications of 5 June, 2 October and 25 November 1991, and 13 January and 23 March 1992. The Government sent its observations in communications of 31 January and 20 March 1992.
2. 270. The Dominican Republic has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 271. This case concerns a labour dispute which began in August 1990 in the Dominican Electricity Corporation (CDE) and which involved strikes, acts of violence against activists and leaders of the Dominican Electricity Corporation Workers' Trade Union (SITRACODE), the dismissal of all the leaders and delegates of SITRACODE and more than 2,200 workers, the arrest of and physical assault against the general secretary of SITRACODE as well as the trade union activists Félix Santana, Pascual Díaz, Juan Serra, Pantaleón Silva and Ramón Paulino in November 1990 and January 1991, and other reprisals. Negotiations were later begun between the leaders of SITRACODE and the Dominican Electricity Corporation's management to find a solution to this dispute.
2. 272. At its May 1991 meeting, the Committee made the following recommendations with regard to the questions pending (see 278th Report of the Committee, para. 529):
   • - The Committee takes due note of the fact that the SITRACODE trade union leaders and the Dominican Electricity Corporation management are engaged in a mediation procedure, at the initiative of the new Secretary of State for Labour, with a view to settling the collective dispute concerning conditions of employment of the workers in this enterprise, on the basis of the current collective agreement. The Committee invites the Government to supply information on the outcome of these negotiations.
   • - The Committee repeats its request that the Government supply information on the situation of the striking workers arrested and/or dismissed during this dispute.
   • - The Committee requests the Government to supply information concerning the new allegations presented by SITRACODE (the dismissal of 602 workers in February 1991, the detention of the trade union delegate Manuel Reyes Beltre on 21 and 25 February 1991 and of trade union activist Jesús María López on 4 March 1991, and the physical assault committed against the worker Miguel Mercedes by a CDE employee).

B. New developments

• (a) New allegations
  273. 273 In communications of 5 June, 2 October and 25 November 1991 and 13 January and 23 March 1992, SITRACODE alleges that 106 trade union leaders and activists were detained and physically assaulted (breaking the legs of Hilario Portalatín) on 18 March 1991 during a protest march to the Governmental Palace calling for the dispute to be resolved; that 32 trade union leaders and activists were detained and physically assaulted (seriously wounding the trade union leaders German Marte, Saturnino Guzmán, Miguel Linares, Ernesto de Luna, Donar Saillant and Jose Apolince) on 20 March 1991 when they were violently expelled from the Church of Our Lady of Mercy by the police and the army; that the police and the army, by surrounding the SITRACODE premises in November 1991, obstructed a march to the Governmental Palace to deliver a letter to the President of the Republic; that dismissed workers were not properly paid what was due to them, advantage being taken of their desperate financial situation; that the members of the Executive Committee were refused reinstatement in their posts, despite the mediation procedures that were under way between the parties; and that trade union leaders (Ignacio Soto, German Marte, Eliaser Batista, Ivan Reyes and Agustín Vargas Saillant) were detained on 13 March 1991 as they were distributing guidelines to the CDE's workers at the Herrera Operations Centre.
• (b) The Government's reply
  274. 274 In its communications of 31 January and 21 March 1992, the Government reports that it was able to obtain payment by the enterprise's management of the amounts due to 1,619 of the 2,285 workers whom it suspended on 24 August 1990, which represents some 70 per cent of the total. It points out that the main obstacle to the speedy resolution of the dispute lay in the economic difficulties the enterprise was experiencing, given that it owed the 1,619 workers 18 million pesos, or US$1,440,000, which the Dominican Electricity Corporation did not have. The central Government came to the enterprise's assistance and, starting in January 1992, will provide 4 million pesos on a monthly basis until the 1,619 workers are paid. The Government further states that in January the first 4 million pesos were paid out, and a first group of 206 workers with the most seniority were invited to collect the money owed to them; of the rest of the workers, three were put on pensions, 218 were going through the retirement procedures, and 445 had already been reinstated.
  275. 275 The Government states that, although the trade union accepted this solution in principle, it is continuing to demand the reinstatement of some of its leaders. It adds that the Secretary of State for Labour is continuing to undertake the necessary efforts to obtain an agreement between the parties so as to find a definitive solution to the dispute, but so far the enterprise's management has not taken any decisions.
  276. 276 Furthermore, the Government states that the General Administration of the Dominican Electricity Corporation (CDE) is continuing to pay the benefits to workers, and that in February it was intending to pay out 4 million Dominican pesos to 250 employees; 229 came to collect their money, which amounted to 3,691,408.75 Dominican pesos. In March the enterprise was intending to pay out 4,000,744.11 Dominican pesos to 286 workers. The Government explains that so far instructions have been given to pay 742 of the 1,619 workers.
  277. 277 The Government reports that as far as the collective agreement is concerned, it remains in force and that if any of its clauses are not enforced the trade union has the right to claim damages as stipulated in sections 117 and 118 of the Labour Code.

C. The Committee's conclusions

1. 278. As regards the allegation pending with reference to the dispute between the Dominican Electricity Corporation and SITRACODE and to the payment of the money due to the dismissed workers, the Committee takes note of the Government's statement that it was able to obtain payment by the enterprise's management of the amounts due to 1,619 of the 2,285 dismissed workers, or 70 per cent of the total (the complainants had requested payment for 75 per cent). Instructions had been given (by March 1992) to pay 742 of the 1,619 workers mentioned, three of whom had been put on pensions, 218 of whom were going through the retirement procedures and 445 of whom (19.5 per cent of all those dismissed) had already been reinstated (the complainants had requested the reinstatement of 25 per cent). The Committee would like to point out that it is not possible for it to determine whether the payment of the amounts due to over 1,000 dismissed workers was carried out properly. It invites all the parties involved to attempt in good faith to reach agreement on any contentious cases that might arise.
2. 279. As regards the reinstatement of SITRACODE's trade union leaders, the Committee observes that the Government states that the Secretary of State is continuing to make the necessary efforts to obtain their reinstatement. The Committee recalls that when trade unionists or union leaders are dismissed for having exercised the right to strike, it can only conclude that they have been punished for their trade union activities and have been discriminated against contrary to Article 1 of Convention No. 98. (Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 443.) It also recalls the provisions of the Workers' Representatives Recommendation, 1971 (No. 143) concerning protection and facilities to be afforded to workers' representatives in the undertaking: "Workers' representatives in the undertaking should enjoy effective protection against any act prejudicial to them, including dismissal, based on their status or activities as a workers' representative or on union membership or participation in union activities, in so far as they act in conformity with existing laws or collective agreements or other jointly agreed arrangements." In these circumstances, the Committee requests the Government to take the necessary measures so that the Corporation respects the principles contained in Convention No. 98 and that the trade union leaders involved are reinstated. It requests the Government to keep it informed in this connection.
3. 280. Finally, the Committee regrets to observe that the Government has not responded to the rest of these serious allegations, including:
   • - the detention of and physical assault against the general secretary of the SITRACODE and the trade union activists Felix Santana, Pascual Díaz, Juan Serra, Pantaleón Silva and Ramón Paulino in November 1990 and January 1991;
   • - the dismissal of 602 workers (subsequent to the dismissal of the original 2,200 referred to in this complaint) of the Dominican Electricity Corporation in February 1991, and the arrest of trade union leaders and activists at the Corporation in February and March 1991;
   • - the detention of and physical attacks on 106 leaders and activists of SITRACODE (resulting in various injuries to Hilario Portalatín) on 18 March 1991 during a protest march to the Governmental Palace calling for the current dispute to be resolved;
   • - the detention of and physical attacks on 32 trade union leaders and activists on 20 March 1991 (seriously injuring the trade union leaders German Marte, Saturnino Guzmán, Miguel Linares, Ernesto de Luna, Donar Saillant and Jose Apolince), when they were violently expelled from a church by the police and the army;
   • - the physical attack on the worker Miguel Mercedes;
   • - the obstruction by the police and the army, which surrounded the SITRACODE's premises in November 1991, of a march to the Governmental Palace to deliver a letter to the President of the Republic; and
   • - the detention of trade union leaders (Ignacio Soto, German Marte, Eliaser Batista, Ivan Reyes and Agustín Vargas Saillant) on 13 March 1991 as they were handing out guidelines to the CDE's workers at the Herrera Operations Centre.
     • In these circumstances, the Committee requests the Government to send its observations on these questions, and to undertake the judicial investigations urgently so as to shed light on the physical attacks on trade union leaders and activists, determine responsibility and punish the guilty parties, and to keep it informed of the outcome of these proceedings.

The Committee's recommendations

1. 281. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) As regards the disputes relating to the payment of the money due to the workers dismissed from the Dominican Electricity Corporation, the Committee invites all the parties involved to attempt in good faith to reach agreement on any contentious cases that might arise.
   • (b) The Committee requests the Government to take the necessary measures so that the Corporation respects the principles contained in Convention No. 98 and that the trade union leaders involved are reinstated. It requests the Government to keep it informed in this connection.
   • (c) The Committee requests the Government to reply to the rest of the serious allegations (dismissals, arrests, physical assaults and violation of freedom of assembly) listed in the previous paragraph.