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. 75. The Committee last examined this case at its March 2010 meeting, when it made the following recommendations on the allegations that were still pending [see 356th Report, para. 999]:
   • (a) The Committee, while regretting the excessive delay in the legal proceedings to contest the results of elections to the executive committee of the STSPE, expects that the court will issue its ruling without further delay and requests the Government to keep it informed in this regard.
   • (b) The Committee requests the complainant to provide the text of the legal proceedings it has brought in respect of anti-union dismissals or acts of intimidation against members of the STSPE.
2. 76. In its communication dated 31 May 2010, the Government informed the Committee of the ruling handed down by the Conciliation and Arbitration Court of the State of Querétaro on 12 February 2010, which declared admissible the grounds for annulment invoked by one of the teams contesting the renewal of the STSPE. Since neither the representatives of the tricolour team (which had initially won) nor the electoral committee provided any grounds for challenging the ruling, the decision was confirmed. The Government adds that the alleged procedural errors on which this case was based are no longer relevant and the ruling is now legally binding.
3. 77. The Committee takes note of the information supplied and observes that, noting that the union’s by-laws have been violated, the ruling nullifies the elections to the STSPE’s executive committee for 2006–07 (which had been challenged by the complainant organization) and orders the holding of new elections.
4. 78. Finally, the Committee observes that the complainant organization has not sent it the documents that it requested and therefore reiterates its recommendation that it provide the text of the legal proceedings it has initiated in respect of anti-union dismissals or acts of intimidation against members of the STSPE.