Effect given to the recommendations of the committee and the Governing Body - Report No 401, March 2023

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

1. 21. The Committee examined this case, in which the complainant alleged that, in compliance with a ruling by the Office of the Comptroller General of the Republic, a state-owned bank amended a provision in a collective agreement signed with the Labour Union of the National Bank of Costa Rica (SEBANA), at its meeting of June 2017 (see Report No. 382, paragraphs 275–296). On that occasion, emphasizing the importance of settling differences of interpretation of collective agreements by the mechanisms provided for such purpose in the agreement itself or, in any event, by an impartial mechanism which should be accessible to both parties signatory to the agreement, such as a judicial body, the Committee requested the Government and the complainant to keep it informed of the outcome of the judicial proceedings under examination.
2. 22. In its communications dated 20 July 2018 and 28 July 2022, the Government provides information relating to four judicial proceedings and indicates that two of them (cases Nos 15-00713-0166-LA and 15-008666-1027-CA), instituted by SEBANA in relation to the Bank’s action in compliance with the ruling of the Comptroller General of the Republic, had concluded with decisions in favour of the Bank, and that the other two proceedings (cases Nos 15-000780-0166-LA and 15-001477-0166-LA) had not yet been concluded.
3. 23. The Committee notes the information provided by the Government. Trusting that the two judicial proceedings that remain under examination will be resolved as soon as possible and observing that no information has been received from the complainant in this regard, the Committee considers that this case is closed and will not pursue its examination.