Effect given to the recommendations of the committee and the Governing Body - REPORT_NO342, June 2006

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

1. 45. At its meeting in November 2005, the Committee made the following recommendations on the matters still pending in relation to the Compañia de Telecomunicaciones de Chile S.A. (CTC) and other companies in the group [see 338th Report, para. 644]:
   • (a) The Committee observes that the labour inspection and in certain cases the judicial authority in the first instance, sanctioned certain anti-union acts which took place during the industrial dispute which began in 2002 in the companies of the CTC de Chile Group and the subsequent collective bargaining, and regrets the serious repercussions that these acts might have had on the level of membership of the FENATEL organizations. The Committee also observes that the judicial authority is still to decide certain appeals lodged by the company and that it ruled against the recourse of the labour inspection claiming the non-compliance by the company of the trade union leave; an appeal was lodged against this ruling. The Committee strongly expresses the expectation that such anti-union acts will not recur in the future and requests the Government to ensure compliance with Conventions Nos. 87 and 98 by those companies.
   • (b) The Committee requests the Government to keep it informed of the result of the appeals lodged with regards to this case, in particular on the appeal relating to trade union leave of FENATEL officials, or relating to the non compliance with the clauses of the collective agreement, and to indicate whether FENATEL has lodged an appeal with respect to the dismissal of the delegates of that organization in respect of whom the company states that it was unaware of their position as delegates and that in any event they did not enjoy trade union status.
2. 46. In its communication dated 6 January 2006, the Government states, in connection with the allegation of anti-union practices (changing the leave situation of union officials, denying officials the right to visit the offices, replacing workers during the strike), lawsuit No. 5295-2003, that the complainant lodged an appeal against the ruling of 5 August 2004, which had not yet been decided upon.
3. 47. The Committee notes this information and requests the Government to send it the decision handed down by the judicial authority following the appeal against the ruling of 5 August 2004 in connection with anti-union practices. The Committee also requests the Government to send it any ruling handed down in connection with the alleged non-compliance with provisions of the collective agreement and with the dismissal of delegates of the National Federation of Telephone and Telecommunication Workers’ Unions of Chile (FENATEL) in 2001 and 2003 (regarding whom the company informed the Committee that it was unaware of their position as delegates and that in any event they did not enjoy trade union immunity).