Effect given to the recommendations of the committee and the Governing Body - REPORT_NO358, November 2010

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

1. 22. The Committee last examined this case at its November 2008 meeting, when it made the following recommendations [see 351st Report, para. 231]:
   • (a) The Committee expects that the decree on reinstatement without loss of pay of the trade union leader of the Association of Workers of the Provincial and Municipal Public Administration of Salta (ATAP), Ms Marina del Valle Guanca, will be adopted without delay. The Committee requests the Government to keep it informed in this respect.
   • (b) As to the alleged transfer from their workplace of three ATAP leaders who were permanent members of staff at the General Tax Directorate of the Province, Sergio Martín Zamboni, finance secretary, Fátima Elizabeth Gramajo, third substitute member, and Walter Rodolfo Alderete, second regular member of the electoral board, the Committee requests the Government to ensure that an investigation is carried out into the matter without delay and, should it be found that the three were transferred on anti-union grounds, to take steps to ensure their immediate reinstatement in their former posts. The Committee requests the Government to keep it informed in this regard.
   • (c) The Committee requests the Government to take steps in order to facilitate an agreement between ATAP and the relevant authorities of the province of Salta on the deduction of trade union dues from members’ wages. The Committee requests the Government to keep it informed in this regard.
2. 23. In communications dated 6 and 26 April 2010, the complainant organization states that: (1) an appeal was lodged by the executive authority of the province of Salta against the reinstatement of trade union leader Marina del Valle Guanca and that the Court of Justice of Salta upheld the appeal and reversed the decision of the court of first instance; and (2) no steps have been taken to carry out the investigation into the alleged anti-union transfers requested by the Committee. ATAP further alleges that there have been obstacles and delays in the handling of a penal complaint against the authorities of the province’s Ministry of Labour and Social Welfare concerning the check-off code for the deduction of trade union dues.
3. 24. The Committee takes note of the information supplied by the complainant organization and requests the Government to send its observations on the matter, to take the necessary steps without delay to initiate an inquiry into the alleged transfer from their workplace of three ATAP leaders who were permanent staff members of the General Tax Directorate of the province of Salta, namely, Sergio Martín Zamboni, finance secretary, Fátima Elizabeth Gramajo, third substitute member, and Walter Rodolfo Alderete, second regular member of the electoral board, and, should it be found that the three were transferred on anti-union grounds, to take steps to ensure their immediate reinstatement in their former posts. The Committee requests the Government to keep it informed in this regard.