Definitive Report - REPORT_NO168, November 1977

1. 53. The complaints and additional information provided by the complainants are contained in the following communications: two letters, dated 2 November 1976 and 7 January 1977, from the international Confederation of Free Trade Unions, a telegram dated 3 November 1976 from the World Federation of Trade Unions, and two communications, dated 3 and 18 November 1976, from the National Transport Federation. Furthermore, the General Union of Spanish Workers (UGT) stated in a letter of 3 November 1976 that it supported the complaint presented by the National Transport Federation.
2. 54. These complaints were transmitted to the Government as they were received and the Government submitted its observations in letters dated 14 February and 16 May 1977.
3. 55. Spain has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Eight to organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 56. The ICFTU stated in its letter of 2 November 1976 that the workers of the Municipal Transport Undertaking had democratically elected a bargaining Committee (known as the "single platform"), composed of 31 workers including trade unionists of the UGT, of workers' Committees and independents, outside the works council of the official union. This commission was set up to discuss new pay and working conditions with the undertaking. The complainants added that the management was at first prepared to negotiate with this Committee, but subsequently refused to do so as a result of pressure from the authorities, which led the workers to go on strike on 28 October 1976.
2. 57. The authorities, added the ICFTU, dispersed the workers' meetings and peaceful demonstrations with violence, seriously injuring some demonstrators. They arrested several members of the "single platform" and the undertaking dismissed 40 workers. In addition, the authorities called in the army, armed police and civil guard to run the urban transport service. The complainants also stated that the strike had not ended and that the following members of the aforementioned Committee were in detention or being held at the disposal of the public order court: Julián López Rodriguez, José Luis Casado, Teodoro Benitez (released on bail of 26,000 pesetas), Mariano Pérez Plaja, Ramón Fernández, José Antonio Espinoza and Ramiro Holgado.
3. 58. In its telegram of 3 November 1976 the WFTU also referred to the arrest of seven transport workers and the dismissal of 32 persons following a legitimate strike in support of claims.
4. 59. In its complaint of 3 November 1976, supported by the UGT, the National Transport Federation stated that the police had arrested 27 members of the "single platform" (and even, on subsequent days, 6 children who had brought sandwiches to a group of fathers) and that the authorities brought out buses driven by members of the police. The complainant organisation added that 7 of the workers had been accused of sedition and of constituting a public danger.
5. 60. In their communications of 18 November 1976 and 7 January 1977, the National Transport Federation and the ICFTU stated that the Municipal Transport Undertaking had confirmed the dismissals of 11 Workers', had laid off 11 workers for a period of one to three months and that 12 others had been allowed to return to work on 10 November 1976. The complainants also stated that the following three Workers were still under arrest: Julián Sandalio López Rodriguez, José Luis Casado Simón and Ramón Fernandez Iglesias.
6. 61. The Government stated in a letter of 14 February 1977 that the public order courts and tribunals had been abolished, and that the actions started following the aforementioned events had been transferred to the ordinary courts. Julián Sandalio López, José Luis Casado Simón and Ramón Fernández Iglesias had been conditionally released pending trial. Regarding Teodoro Benítez Ballesteros, Mariano Pérez Plaja, José Antonio Espinosa Sánchez and Ramiro Holgado Calvo, the prosecutor had asked for a discharge and their cases had been referred to the competent judge.
7. 62. The Government adds, in a communication dated 16 May 1977, that Julián Sandalio López, José Luis Lasado and Ramón Fernández Iglesias have been amnestied in addition the legal action taken against Teodoro Benitez Ballesteros, Mariano Pérez Plaja, José Antonio Espinosa Sánchez and Ramiro Holgado Calvo has been dropped. The Government points out that the alleged dismissals and sanctions have been settled by the undertaking and that appeals may be presented to the labour courts.

B. B. The Committee's conclusions

1. 63. This case essentially relates to the refusal by the Municipal Transport Undertaking to negotiate working and pay conditions with a Committee elected by the staff and to the strike and demonstrations started by the workers following this refusal. The Government has not submitted observations on the substance of the dispute, but has supplied information concerning the release of arrested workers and the sanctions imposed on several strikers. The Committee would, however, point out that the legislation on industrial relations has been modified. It also notes with particular interest the adoption of a new law (No. 19 of 1 April 1977) relative to the right of trade unions to organise which substantially modifies Spanish trade union legislation. Furthermore, the Committee notes with interest that the public order courts and tribunals have been abolished.