Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 363, Mars 2012

Cas no 2809 (Argentine) - Date de la plainte: 31-JUIL.-10 - Clos

Allegations: The complainant organization objects to the decision of the administrative authority to refuse to grant it trade union status

1. 279. The Committee last examined this case at its May 2011 meeting [see 360th Report, approved by the Governing Body at its 311th Session, paras 246–262].
2. 280. The Government sent its observations in a communication dated 23 August 2011.
3. 281. 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. Previous examination of the case

1. 282. In its previous examination of the case, the Committee made the following recommendations [see 360th Report, para. 262]:
   • The Committee hopes that the judicial authority will shortly pronounce its judgment in the appeal filed by the APJBO against the administrative decisions which refused trade union representative status and, for the purposes of pronouncing on the substance of the case, requests the Government to send it a copy of the judgment as soon as it is issued.

B. The Government’s reply

1. 283. In its communication dated 23 August 2011, the Government reports that the case (Ministry of Labour v. Association of Banks’ Senior Staff Officers concerning the Trade Union Associations Act) is currently before the Supreme Court of Justice of the Nation. The case was examined by the Third Chamber of the National Labour Appeals Tribunal, which handed down Final Judgment No. 92396 dated 30 November 2010 (the National Labour Appeals Tribunal dismissed the appeal filed by the complainant organization).
2. 284. The Government adds that the complainant organization filed an extraordinary federal appeal against this judgment. This appeal was granted on 10 May 2011 and the case was brought before the Supreme Court of Justice of the Nation on 30 May 2011.

C. The Committee’s conclusions

1. 285. The Committee recalls that, in the present case, the complainant organization (which states that it has 1,813 members) challenged the decision of the administrative authority to refuse its application for trade union representative status (a status which confers certain exclusive rights such as the conclusion of collective agreements, special protection of union officials, payment of trade union dues through deductions from wages by the employer, and so on), (application of 23 March 2004) in the Bank of the Argentine Nation, in order to be able to bargain collectively.
2. 286. At its May 2011 meeting, the Committee regretted the long period of time that had passed (over five years) since the complainant organization had requested trade union representative status and emphasized the importance of reaching decisions in such matters within a reasonable length of time. With regard to the substance of the question, to grant or not to grant the trade union representative status to the complainant organization (which requires a comparison of the representativeness of the trade unions existing in the Bank), given that the procedure for determining the representativeness of the trade union concerned via the comparison of its relevant affiliates had not been completed, the Committee indicated that it would examine the substance of the question when it has the judgment issued by the National Labour Appeals Tribunal where the appeal filed by the complainant organization is being heard.
3. 287. In this regard, the Committee notes that, according to the Government: (1) the National Labour Appeals Tribunal dismissed the appeal filed by the complainant organization against Decision No. 659/2010 by the administrative authority, which rejected the application for trade union status; and (2) the complainant organization appealed against this decision in an extraordinary federal appeal, which was granted on 10 May 2011, and as a result the case was brought before the Supreme Court of Justice of the Nation.
4. 288. Under these circumstances, regretting that the proceedings (both administrative and judicial) concerning the application by the APJBO for trade union status have been under way for more than eight years (according to the complainant, the application was filed in March 2004), the Committee requests the Government to send it a copy of the judgment of the Supreme Court of Justice of the Nation concerning the appeal filed by the complainant organization, as soon as it is issued.

The Committee’s recommendation

1. 289. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • Regretting that the proceedings (both administrative and judicial) concerning the application by the Association of Banks’ Senior Staff Officers (APJBO) for trade union status have been under way for more than eight years (according to the complainant, the application was filed in March 2004), the Committee requests the Government to send it a copy of the judgment of the Supreme Court of Justice of the Nation concerning the appeal filed by the complainant organization, as soon as it is issued.