Definitive Report - Report No 335, November 2004

1. 529. The complaint is set out in a communication dated 16 May 2003 from the World Federation of Trade Unions (WFTU).
2. 530. The Government sent its observations in a communication dated 9 February 2004.
3. 531. Chile has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant’s allegations

1. 532. In its communication of 16 May 2003, the World Federation of Trade Unions alleges anti-union practices by the Enterprise “Viña Tarapacá”. It states that in 2002, the workers formed a trade union in response to various violations of workers’ rights and labour law. In subsequent months and in 2003, the company dismissed many of the union’s members and applied pressure or threats against others to force them to withdraw from the union, while conceding superior benefits to non-unionized workers in the process of collective bargaining. The WFTU recalls that in 1998, the workers had tried to set up a trade union at the enterprise, but after it had been established the company dismissed 35 workers involved in organizing it.

B. The Government’s reply

1. 533. In its communication of 9 February 2004, the Government states that on 2 June 2003, the Trade Union of Workers at the Enterprise “Viña Tarapacá” lodged a complaint in connection with anti-union dismissals and other anti-union practices mentioned by the complainant. The Government states, however, that from the establishment of the trade union in July 2002 (with 26 members) until the date on which the complaint was lodged, the number of members increased to 28. The Government adds that the labour administrative authority visited the company and was told by union leaders and the company’s legal representative that an agreement was about to be signed. The union leaders said that, this being the case, they would not press the complaint. The trade union sent a letter to the Ministry of Labour on 7 January 2004, stating that the problems which had given rise to the complaint to the administrative authority had been resolved and that relations between the parties were now normal. The Government attaches a copy of that letter to its reply and states in conclusion that the present case has been resolved.

C. The Committee’s conclusions

1. 534. The Committee notes that according to the Government and a letter dated 7 January 2004 signed by the Trade Union of Workers at the Enterprise “Viña Tarapacá”, the problems which had given rise to a complaint regarding dismissals and anti-union practices have been resolved and normal relations have been established between the parties. The Committee also notes that the trade union did not press its complaint regarding these matters before the labour administrative authority.