Informe provisional - Informe núm. 370, Octubre 2013

Caso núm. 2997 (Argentina) - Fecha de presentación de la queja:: 25-JUN-12 - Cerrado

Allegations: The complainant organizations report anti-union dismissals and the suspension of workers on account of their affiliation to the Light and Power Workers’ Union of Zárate CTA and for participating in industrial action, and the physical assault of one union member and death threats to an affiliate

1. 114. The complaint is contained in communications from the Light and Power Workers’ Union of Zárate (SLFZ) and the Confederation of Workers of Argentina (CTA), dated 25 June and 28 November 2012 respectively.
2. 115. The Government sent its observations in a communication dated 28 May 2013.
3. 116. Argentina has ratified 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. The complainants’ allegations

1. 117. In their communications of 25 June and 28 November 2012, the SLFZ and the CTA indicate that the SLFZ is a first-level trade union organization for workers in the production, exploitation, marketing, transmission and/or distribution of energy, in national, provincial, municipal, cooperative, joint venture or private companies, including manual, technical, professional or administrative workers. The complainants add that Zárate Electricity and Related Services Cooperative Ltd was founded in 1935 and is organized under the cooperative company regime.
2. 118. The complainant organizations indicate that the violations of freedom of association reported in this case arose from the conflict that began on 16 April 2012 as a result of the discriminatory and anti-union dismissal of the workers Mr Christian Altamirano and Mr Roberto Funes. According to the complainants, the workers received identical letters indicating that “in view of your disobedience and refusal to comply with express work orders from your hierarchical superior, and the persistence of this behaviour in breach of your work duties, this administration considers that the continuation of our employment relationship is no longer feasible. Therefore, I hereby notify you of your dismissal on grounds of your exclusive responsibility.” According to the complainants, the text in question implies that they supposedly committed the same act of misconduct at the same time, which they consider to be practically impossible since both workers were posted in different sectors. According to the complainants, the text also failed to mention the orders that had not been carried out by the dismissed workers. The complainants allege that the dismissals occurred shortly after the workers in question communicated their decision to leave the Light and Power Workers’ Union of the Paraná Area and join the SLFZ–CTA.
3. 119. The complainants add that, as a result of the dismissals, the SLFZ workers decided to take direct action measures. They allege that when the industrial action began (stoppages for three or four hours followed by an open-ended strike), the company proceeded to suspend all the workers affiliated to the trade union for two or three days. The complainants indicate that the company carried out the aforementioned suspensions claiming that the workers’ actions were politically motivated. The complainants also indicate that on 8 June 2012, on the occasion of a national strike organized by the CTA, the workers affiliated to the SLFZ marched to the Zárate City Hall to submit a petition and request the Mayor to intervene to resolve the dispute. The complainants allege that on the same day at 7 p.m., after participating in the march, the union member, Mr Ricardo Rossi, was physically assaulted by two individuals – one being the company coordinator of the department dealing with power restoration requests – on the work premises, with the clear intention of killing him. Mr Rossi suffered a triple jaw fracture and other injuries. Moreover, the union member, Mr Oscar Martínez, who went to Mr Rossi’s aid, received death threats. The complainant organization also alleges that from the day that Mr Rossi was attacked, the company stopped paying his wages and although a court ruled in favour of the union member’s claims, the company refuses to comply with the court order.
4. 120. The complainants state that, on 9 August 2012, the company agreed to initiate a dialogue process over a period of 60 days and it committed itself to the temporary suspension of the effects of the dismissals during the dialogue period and to guarantee, together with the trade union, faithful compliance with labour standards. The complainants allege that the company did not fulfil its commitments and that the workers, together with the trade union, requested precautionary measures and filed amparo proceedings to achieve the reinstatement of the dismissed workers. The complainants also state that the Ministry of Labour of the Province of Buenos Aires was notified of all the actions carried out by the SLFZ, giving rise to a number of administrative proceedings, in the course of which labour inspections and inquiries were carried out. The complainants indicate that at the time the complaint was submitted, the administrative decisions regarding the violations committed by the company were still pending.

B. The Government’s reply

1. 121. In its communication dated 28 May 2013, the Government states that the corresponding legal proceedings to obtain the reinstatement and back payment of the wages of the dismissed workers had been initiated and that criminal charges had been filed against the Director of the Cooperative for assault and injury.
2. 122. The Government adds that in the context of the dispute over the direct action measures and the subsequent negotiations, the provincial Ministry of Labour, on the request of the trade union, initiated the corresponding proceedings and carried out the requested inspections, as indicated by the complainants. Lastly, the Government states that the denounced acts have duly been referred to the corresponding judicial and administrative authorities, and in order to avoid unnecessary recourse to international jurisdiction, it requests that the complaint be set aside.

C. The Committee’s conclusions

1. 123. The Committee observes that in this case the complainant organizations allege the dismissal, on 16 April 2012, of two workers (Mr Christian Altamirano and Mr Roberto Funes) from the company Zárate Electricity and Related Services Cooperative Ltd on account of their affiliation to SLFZ–CTA; that the company suspended for two or three days all the workers affiliated to SLFZ–CTA who participated in direct action (stoppages for three or four hours followed by an open-ended strike) to protest against the dismissals; and that on 8 June, on the occasion of the participation of SLFZ–CTA in the national strike organized by the CTA, the union member, Mr Ricardo Rossi, was physically assaulted (he suffered a triple jaw fracture and other injuries) on the company premises and that the union member, Mr Oscar Martínez, who went to his aid received death threats. The Committee also observes that the complainants report that union member, Mr Rossi, has not received payment of his wages since the day of his assault (according to the complainants the court ordered the payment of his wages but the company has not complied with the court order); that on 9 August 2012, a dialogue process was initiated for a period of 60 days, which among other things, provided for the suspension of the effects of the dismissals, but the company did not fulfil its commitments and complaints were filed before the Ministry of Labour of the Province of Buenos Aires, giving rise to various administrative proceedings that are still pending decision.
2. 124. As regards the alleged dismissal of Mr Christian Altamirano and Mr Roberto Funes on account of their affiliation to the SLFZ–CTA, the Committee notes that the Government indicates that – as the complainants have indicated – the corresponding legal proceedings to obtain their reinstatement and the back payment of their wages have been initiated. In this regard, the Committee requests the Government to keep it informed of the outcome of the ongoing legal proceedings.
3. 125. As regards the alleged suspension for two or three days of all the workers affiliated to the SLFZ–CTA for participating in direct action measures to protest against the dismissals, the Committee observes that the Government declares that, in the context of the dispute over the direct action measures and the subsequent negotiations, the provincial Ministry of Labour, on the request of the trade union, initiated the corresponding proceedings and carried out the requested inspections. In these conditions, in order to examine the allegations in full knowledge of the facts, the Committee requests the Government to indicate without delay the outcome of the investigations carried out by the provincial administrative authority and of the decisions adopted in this regard.
4. 126. As regards the allegation that on 8 June 2012, on the occasion of the participation of the SLFZ–CTA in the national strike organized by the CTA, the union member, Mr Ricardo Rossi, was physically assaulted (suffering a triple jaw fracture and other injuries) on the company premises and that the union member, Mr Oscar Martínez, who went to his aid received death threats, the Committee notes that the Government indicates that criminal proceedings were filed against the Director of the Cooperative for assault and injury. In this regard, the Committee deeply regrets these acts of violence and expects that the criminal proceedings referred to by the Government have resulted in timely investigations to determine responsibilities, prosecute and sanction the guilty parties and prevent the repetition of similar acts. The Committee urges the Government to keep it informed it in this regard.
5. 127. As regards the complainants’ allegations that the union member, Mr Rossi, has not received payment of his wages since the day on which he was assaulted (according to the complainants, the court ordered the payment of his wages but the company has not complied with the court order), the Committee urges the Government to ensure, without delay, compliance with the court order for the back payment of the wages owed to Mr Rossi and to keep it informed of any measures adopted in this regard.
6. 128. As regards the allegations that, on 9 August 2012, a dialogue process was initiated for a period of 60 days between the company and the SLFZ–CTA which, among other things, provided for the suspension of the effects of the dismissals, but that the company did not fulfil its commitments, the Committee notes that the Government reports that the provincial Ministry of Labour, on the trade union’s request, initiated the corresponding proceedings and carried out the requested inspections. The Committee takes note of this information and requests the Government to inform it without delay of the outcome of the investigations carried out by the provincial administrative authority and of the decisions that have been adopted in this regard. In addition, observing that there have been initiatives to create dialogue opportunities between the company and the SLFZ–CTA, the Committee requests the Government to take the necessary measures to promote dialogue between the parties with a view to achieving a harmonious industrial relations climate.

The Committee’s recommendations

1. 129. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) As regards the alleged dismissal of Mr Christian Altamirano and Mr Roberto Funes on account of their affiliation to SLFZ–CTA, the Committee requests the Government to indicate the outcome of the ongoing legal proceedings.
   • (b) As regards the alleged suspensions for two or three days of the workers affiliated to the SLFZ–CTA for participating in direct action measures to protest against the dismissal of the workers affiliated to the SLFZ–CTA, in order to examine these allegations in full knowledge of the facts, the Committee requests the Government to indicate without delay the outcome of the investigations carried out by the administrative authority of the province of Buenos Aires and of the decisions adopted in this regard.
   • (c) As regards the allegation that, on 8 June 2012, the union member, Mr Ricardo Rossi, was physically assaulted (suffering a triple jaw fracture and other injuries) on the company premises and that the union member, Mr Oscar Martínez, who went to his aid received death threats, the Committee deeply regrets these acts of violence and expects that the criminal proceedings referred to by the Government have resulted in timely investigations to determine responsibilities, prosecute and sanction the guilty parties and prevent the repetition of similar acts. The Committee urges the Government to keep it informed in this regard.
   • (d) As regards the complainants’ allegations that the union member, Mr Rossi, has not received payment of his wages since the day on which he was assaulted (according to the complainants, the court ordered the payment of his wages but the company has not complied with the court order), the Committee urges the Government to ensure, without delay, compliance with the court order for the back payment of the wages owed to Mr Rossi and to keep it informed of any measures adopted in this regard.
   • (e) As regards the allegations that on 9 August 2012 a dialogue process was initiated for a period of 60 days between the company and the SLFZ–CTA which, among other things, provided for the suspension of the effects of the dismissals, but that the company did not fulfil its commitments, the Committee requests the Government to inform it without delay of the outcome of the investigations carried out by the provincial administrative authority and of the decisions that have been adopted in this regard. The Committee also requests the Government to take the necessary measures to promote dialogue between the parties, with a view to achieving a harmonious industrial relations climate.