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Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 42. The Committee last examined this case concerning anti-trade union
practices and interference by Atento Servicios SA de CV and two ballots to determine the
most representative union, at its October 2014 meeting [see 373rd Report, paras 49–51].
On that occasion, the Committee: (i) indicated that it wished to receive information on
whether the complainant trade union (the Union of Telephone Operators of the Mexican
Republic (STRM)) filed a claim following the 2011 ballot alleging that the Progressive
Union of Communication and Transport Workers of the Mexican Republic (SPTCTRM) (rival of
the complainant organization) had not registered any company worker, and (ii) noting
that the complainant organization indicated that it was prepared to request, once again,
the bargaining rights for the collective agreement of the workers of Atento Servicios SA
de CV, requested the complainant organization to keep it informed in that regard and
once again emphasized the importance that it attaches, if there is a new ballot, to the
authorities providing the safeguards necessary to avoid any allegation of
irregularities, thus guaranteeing that the affected workers have a full and fair
opportunity to participate, in an atmosphere of calm and security.
- 43. In its communication dated 27 January 2016, the Government states
that, in relation to the November 2011 ballot, a number of appeals for juiscos de amparo
(protection of a constitutional right) have been lodged, the most recent of which,
lodged by the complainant organization against the ruling of 6 December 2011, was
settled definitively by the Fifteenth Collegiate Labour Court of the First Circuit,
which upheld the contested ruling. The Government states that, consequently, a decision
was issued ordering that the files should be closed and that, in the absence of any
challenge, both the ruling and the decision ordering that the files should be closed
were, and still are, considered res judicata, the November 2011 ballot process having
thus fully concluded.
- 44. As to the holding of a new ballot, the Government states that, on 7
November 2014, as a follow-up to the Committee's recommendation, the Local Conciliation
and Arbitration Board of the Federal District (JLCADF) issued a resolution on the
request for the bargaining rights for the collective agreement of Atento Servicios,
ordering the holding of a new ballot on 21 November 2014. The JLCADF convened the
workers of the abovementioned enterprise, setting out the basic guidelines for the
procedure and providing for the presence of national and international observers. The
Government indicates that, on the scheduled date, a ballot was held in line with the
national Constitution, the Federal Labour Act, the case law of the Supreme Court of
Justice of the Nation and the Committee's recommendations and observing the principles
of publicity, impartiality, neutrality, legality, security, secrecy and certainty in
terms of voting, and of publicity and transparency with regard to the counting of votes,
without any of the parties raising an objection. The Government adds that 54 national
and international observers took part in the process. The Government states that, as a
result of the ballot, the trade union with the most votes was the Trade Union of
Service, Communication and Transport Workers of the Mexican Republic, with a total of
2,305 votes, followed by the Union of Telephone Operators of the Mexican Republic
(complainant organization), with 577 votes. Consequently, the defendant trade union
retains the bargaining rights for the collective agreement of Atento Servicios, an
outcome reflected in a ruling issued by the JLCADF on 17 March 2015.
- 45. Noting the information provided by the Government and not having
received any further information from the complainant organization, the Committee will
not continue with the examination of the case.
