Effect given to the recommendations of the committee and the Governing Body - REPORT_NO329, November 2002

Effect given to the recommendations of the Committee and the Governing Body

1. 80. The Committee examined at its March 2002 meeting this case, which relates to the refusal to register amendments to the by-laws of the Progressive Trade Union of Workers of the Construction Industry of the Mexican Republic (SPTICRM) so that it may include in its activities any industrial establishment and/or branch of construction involved in gas installations, gas pipelines, electricals and electricity [see 327th Report, paras. 664-683]. On that occasion, the Committee made the following recommendation:
   • As regards the refusal by the Directorate-General for the Registration of Associations to register the amendments to an organization’s by-laws, the Committee expresses the hope that when examining the issue raised in the present case the competent judicial authorities will take into account the principle according to which the free exercise of the right to establish and join trade unions implies the free determination of the structure and composition of unions, that the national legislation should only lay down formal requirements as regards trade union constitutions, and the constitutions and rules should not be subject to prior approval by the public authorities, and requests the Government to keep it informed of developments.
2. 81. In a communication dated 28 May 2002, the Government refers to the legislation in force and states that it complies with the principles of the Committee on Freedom of Association. The Government adds that the Tenth Collegiate Circuit Court for labour affairs will decide the issue raised by the complainant organization and that the Government will comply with the ruling handed down.
3. 82. The SPTICRM sent further information in a communication dated 13 June 2002. The organization includes the ruling of the Tenth Collegiate Circuit Court for labour affairs of 6 June 2002 and states that, in spite of the ruling being in its favour, the Government continues not to “take note” of the amendments to the constitution of the trade union. In the ruling of 6 June 2002, the Court considers it “wrong that the Under-Secretary for Labour and Social Security endorse the refusal to take note [of the amendments to the trade union’s by-laws] based on article 360 of the Federal Labour Law, which does not lay down requirements for the modification of internal trade union by-laws”, and that
   • … the correct procedure is to change the ruling being challenged in order to uphold the “amparo” proceedings filed by the complainant trade union organization so that the competent authority, namely the Under-Secretary for Labour and Social Security, vacates the resolution being challenged and, in its place, issues another in which it examines with full jurisdiction the conformity of the proposed by-law amendments and, with full autonomy, soundly and on justifiable grounds, decides what is in accordance with the law, without basing its decision on the provisions of article 360 of the Federal Labour Law as these are not applicable to by-law amendments.
4. 83. In its communication dated 20 September 2002, the Government refers to the abovementioned ruling and emphasizes that after having examined the file, the administrative authorities took note of the by-laws on 16 August 2002. In a communication dated 23 September 2002, the complainant organization raises objections concerning certain aspects of a decision of the administrative authority on this question, in particular, to the extent in which they require that the trade union’s objectives should be limited to the federal level.
5. 84. In a communication of 5 November 2002, the Government states that the First District Tribunal rejected the allegations of the trade union. The Government adds that the trade union is registered at the federal level and that, as a general rule, the construction industry falls within the competence of the local authorities except in case of works undertaken in the federal zone.
6. 85. The Committee notes the information provided by the Government. The Committee invites the complainant organization to provide clarifications, if it considers it appropriate, on the aspects of the administrative authority’s decision that it contests, in the light of the latest observations made by the Government.