Informe provisional - Informe núm. 226, Junio 1983

1. 154. The complaints are contained in communications from the World Federation of Trade Unions (WFTU), the National Convention of Workers of Uruguay (CNT), the International Confederation of Free Trade Unions (ICFTU) and the World Confederation of Labour (WCL), dated 13, 19 and 25 August and 28 September 1982. The CNT furnished further information in communications dated 2, 7 and 12 January and 4 February 1983, and the ICFTU in communications dated 5 January, 3 February and 8 and 31 March 1983. The Government replied in communications of 1 November 1982, 21 February and 13 May 1983.
2. 155. At the Government's request and in accordance with the procedure in force,' the office sent a letter to the complainants with a view to their furnishing specific information on a number of allegations (the number of occupational associations whose registration was said to have been delayed and persons disqualified from holding trade union, office). The complainants' replies to this request were passed on to the Government for it to formulate its observations thereon.
3. 156. Uruguay has ratified the Freedom of Association and Protection of the flight to Organise Convention,' 1948 (No. 87), and the Right to Organise and Collective Bargaining convention, 1949 (No. 98).

A. The complainants' allegations

1. 157. The complainants allege that although the workers of 160 undertakings have complied with the formalities required by the new trade union legislation for establishing organisations, the latter cannot function because although several months have passed, the Ministry of Labour has still not notified them of their registration. They include the occupational associations of the following undertakings: La Industria, Vistal, Inlasa, Paycueros (Paysandú region), ASTRA, National Breweries, Pepsicola, Monte Paz Tobacco Company S.A, CASMU (Assistance Centre of the Medical Trade Union), CONAPROIF (National Co-operative of Milk Producers), Banco Comercial and Banco Litoral. The complainants specify that on 15 July 1982 the associations of only four undertakings (SUDAMTEX, Banco UBUR, the Catholic Circle and ONDA) had been notified of their registration and that on 27 December 1982 a number of bank employees' organisations (BANFISUD, Banco La Caja Obrera, Banco Pan de Azúcar, Trade Development Bank, Banco Holandés Unido, Banco Real, Banco del Plato and Banco de Boston) still had not been notified although they had all complied with the necessary formalities in January, May, June, August or September 1982. The ICFTU encloses with its communication of 3 February 1982 a document stating that, up to December 1982, 35 to 40 first-level association had been authorised, 13 of them in the banking sector. Moreover, the complainants add, the Association of Bank Employees of Uruguay (AEBU) - a second-level organisation that existed already - is running into difficulties with the authorities in adapting to the provisions of the new system set up under the new Act respecting occupational associations and the Decree issued there under. The documentation supplied by the complainants reveals that the main problem lies in determining whether or not it is necessary, for the AEBU to be established as a second-level association, for the corresponding first-level organisations to be registered initially and, if so, whether the AEBU can obtain an extension of the 90 days' notice prescribed by law for adapting to the new trade union system.
2. 158. The complainants allege, furthermore, that the authorities have disqualified 11 members of 7 associations in the banking sector from acting as trade union leaders. According to the complainants, in June 1982 the police authorities of Montevideo, in accordance with section 39(d) of the Decree made under the Act respecting occupational associations, informed the members of the provisional committees of the Association of officials of the Association of Bank Employees of Uruguay (AFAEBU) and of the Bank of London that they could not belong to provisional committees, the executive committee or any other committee of the union. The disqualified leaders include Juan Pedro Ciganda, Guillermo Alvarez and Eduardo Fernández of the AFAEBU, and Milton Antognazza of the Association of the Banco La Caja Obrera.
3. 159. The complainants also allege that at the beginning of July 1982 the ONDA undertaking dismissed 26 workers, most of whom were on a list of candidates for the elections to the executive committee of the Association of Wage Earners and Salaried Employees of the ONDA undertaking. The complainants add that the financial undertaking, Centro-Banco, dismissed 61 workers without justification, only 2 of whom have been reinstated. Moreover, in November and December 1982, José Buere, Ricardo Castillo and Homero Gramajo, members of the Provisional Committee of the Banco Commercial, the Trade Development Bank and the Banco La Caja Obrera (Mercedes branch) were the subjects of anti-union dismissals. In a subsequent communication, the CNT states that after intense activity, Mr. José Buere succeeded in being reinstated. Also dismissed were victor Sebastián, Daniel Fuentes, Claudia Vitacca and Héctor Fernández, members of the Provisional Committee of the Labour Association of the Casa Banceria United Mizrahi Ltd, and two workers, Diegl Nadal and Karin Beinhacker.
4. 160. In addition, the complainants allege that on 22 December 1982 Mr. Richard Reed and Mr. Arturo Giménez, members of the Provisional Committee of the Workers' Association of the National Brewery, together with Luis Becerra who had been elected initially as a member of the Committee, although he was subsequently withdrawn by the police authorities, were arrested by the police authorities of Montevideo and interrogated for nine hours, after which they were released. On the following day they were once again arrested and interrogated, this time for 24 hours, before being finally released. According to the complainants these arrests were due to the fact that, while these three persons were having a meeting with the management of the undertaking, as previously arranged, to present the workers' claims (wage increases, representation or the Industrial Safety Committee of the undertaking and the purchase of a works ambulance), the workers on the shift which had finished work at two and three in the afternoon held a meeting in front of the works after which 250 workers marched along the pavement around the block in which the works are situated, in silence and without creating any disturbance whatsoever. Furthermore, the complainants allege that Miguel Angel Mato Gajeán, an employee of the Fábrica Uruguaya de Neumáticos, S.A, was arrested on 29 January 1982 and that it is not known where he is being held. The complainants go on to say that on 20 March 1983 Irene Carrales (91 years old, founder of the Textile Union.), Isolina Pérez de Acuña (71 years old) and Juan Acuña (69 years old, who has already spent a long time in prison) were abducted. The first two were released within five days. The ICFTU states that, in view of the poor health of Mr. Acuña (who has lost a lung and has to use a pacemaker because of a heart condition.) there are fears for his life; the Confederation requests that the Government be approached.
5. 161. Finally, the complainants point out that on 23 December 1982 the police informed the leaders of the AEBU that they would not grant their request to perform a "Canto Popular" (singing and folk music) as a tribute to the workers which had been planned for 29 December of the same year, on the grounds that there were so workers to pay such a tribute to and that the AEBU did no enjoy legal status when the police authorities were reminded that the previous Minister of Labour had stated before the ILO that the AEBU enjoyed legal status, that is to say, that this had not been withdrawn, the police authorities replied that this was not a matter for the Ministry of Labour but rather for the Ministry of the Interior, namely, the police.

B. The Government's reply

1. 162. In its communication of 1 November 1982 the Government states that, at the request of the Association of Wage Earners and Salaried Employees of the ONDA undertaking, the Ministry of Labour and Social Security had carried out an inquiry into the dismissals that had taken place in the firm and that the following conclusions had been reached: there was no record - nor had one been supplied by the said workers' association. - of any list containing the names of the persons dismissed by the ONDA undertaking; none of the persons dismissed was a member of the executive committee of any occupational association, nor a candidate for such a position; nor had there been any dismissals on anti-union grounds. The Government also states that the Association of Wage Earners and Salaried Employees of the ONDA undertaking had thanked the Ministry of Labour and Social Security for the inquiry it had carried out and the concern it had shown; it also states that no member of the Provisional Committee was dismissed.
2. 163. The Government states in its communication of 21 February 1983 that so far 145 occupational associations of workers and 38 of employers had applied for registration. Of these, 63 associations of workers and 26 of employers had been registered. The Government states that not only had there been no intention on the part of the competent authorities to impede the formalities, but that in fact the department responsible for the registration of workers' associations had been endowed with the best human resources in order to facilitate and speed up the administrative work involved. The Government goes on to say that it should be noted that it is up to the parties concerned to initiate the registration formalities and that the correct procedure is not always followed. Furthermore, according to article 318 of the Constitution, "all administrative authorities shall be obliged to give a ruling on any application made to them by a person having a lawful interest in the performance of a specific administrative act and to resolve administrative appeals against their decisions, following appropriate proceedings to investigate the matter, within a period of 120 days from the date of the last formality specified by the relevant laws or regulations. The application shall be considered to be rejected or the administrative appeal refused if no decision has been reached within the said period." The Government adds that Decree No. 640/973 applies a timetable so that the Ministry of Labour will decide a request for registration and that the granting of registration is not a matter for discretion but that, on the contrary, the public authorities do no more than register the occupational association, the only requirement being that all the formalities prescribed by law have been complied with.
3. 164. Contrary to what was alleged, the Government continues, registration has been granted in the following cases: Inlasa (19 January 1983), Payacueros (18 August 1982), ASTRA (20 September 1982), National Breweries (20 September 1982), CASMU (30 July 1982), Banco Comercial (18 August 1982) and Banco Litoral (30 August 1982). The Government adds, as regards the La Industria and Vistal undertakings, that the workers have not approached the Ministry with a view to establishing occupational organisations. The Government also points out that the employees' associations of the Banco Real del Uruguay and of the Banco de la Plata have recently submitted their statutes (21 January 1983), that registration of the employees' associations of the Monte Paz Tobacco Company and of CONAPROIE is being dealt with and that the employees' associations of Pepsicola, Banco La Caja Obrera, Banco Pan de Azúcar, Trade Development Bank, Casa Bancaria Uruguay, Banco Holandés Unido and Banco de Boston are now in the final stages of the registration procedure.
4. 165. As regards the registration of the Association of Bank Employees of Uruguay (AEBU), the Government states that the Association has approached the ministry of Labour and Social Security on two occasions" the first time, the application did not meet the minimum requirements laid down in section 16 of Act No. 15.137 respecting occupational associations and section 6 of the Decree made under the Act; the second time the procedure laid down in the AEBU's own regulations had not been complied with, thereby infringing section 18(a) of the above-mentioned Act.
5. 166. With regard to the disqualification of trade union leaders, the Government states that the trade unionist Milton Antognazza gave up his trade union post on 12 November 1982 of his own accord and not because of any disqualification. The Government adds, referring to the other trade unionists from occupational associations in the banking sector who are said to have been disqualified, that the complainants would have to specify their names in order for a reply to be given. Nevertheless, the Government points out that the public authorities have no powers to "veto" trade union, leaders or union members. The most they could do, if they considered that some of the leaders sponsoring the application for registration did not fulfil the legal requirements, would be not to register the occupational association - a decision, moreover, that could be appealed before the courts.
6. 167. With regard to the alleged dismissals, the Government states that, because of the closure of one sector of the activities of United Mizrahi Ltd, six workers - including four trade unionists - voluntarily decided not to continue in this Bank. The Government supplies copies of the resignations signed by the workers concerned. In addition, the Government states that, following measures taken by the Ministry of Labour and Social Security, the reinstatement was secured of the trade unionists Ricardo Castillo (Trade Development Bank) and Mr. José Buere (Banco Comercial). According to the Government, the situation of Mr. Homero Gramajo (Banco La Caja Obrera) is different since acts have been perpetrated by this worker that might be described as extremely bad conduct; if these acts were confirmed there would be justified grounds for dismissal in accordance with the law. Nevertheless, the Government points out that in making this statement, it has not given a ruling since this lies within the jurisdiction of the courts.
7. 168. Lastly, in its communication of 13 May 1983, the Government states that the three trade unionists of the National Brewery referred to by the complainants were not arrested but were invited to present themselves at the Montevideo police headquarters to explain the workers' presence in front of the brewery while those three unionists were negotiating with the employer, since the authorities had not been notified of this gathering. Once the trade unionists explained that it was a spontaneous action they left the police headquarters. The following day, 10 December 1982, they were again requested to visit the headquarters to sign explanatory statements after which they immediately left the premises.

C. The Committee's conclusions

1. 169. As regards the alleged delay on the part of the authorities in sending notification of the registration of occupational associations, thereby preventing the latter from operating, the Committee notes the Government's statements, in particular, that so far 145 associations of workers and 38 of employers have applied for registration and that 63 associations of workers and 26 of employers have already been registered. The Committee also notes that in order to facilitate and speed up administrative activity, the department for the registration of workers' associations has been endowed with the best personnel resources.
2. 170. With regard to the associations which the complainants state have not been notified of their registration, the Committee observes that the workers of two undertakings had never applied for registration, that seven employees' associations have already been notified of their registration, that six are in the final stages of the registration procedure, two are being dealt with and two more have recently submitted their statutes.
3. 171. The committee observes in this respect that five employees' associations which, according to the complainants, had begun to take steps with a view to registration between January and September 1982, have still not been registered and that the Government, without actually denying the date on which the proceedings began, has stated that these associations are in the last stages of the proceedings. These are the workers' associations of the Banco La Caja Obrera, the Banco Pan de Azúcar, the Trade Development Bank, the Banco Holandés Unido and the Banco de Boston. On the last point, although the Committee notes that the Government has stated generally that the persons concerned do not always comply with the formalities involved in registration, the Committee cannot fail to express its concern at the long period of time that has elapsed without these associations having been registered and at the fact that, so far, only 63 out of a total of 145 workers' associations that applied for registration have obtained it. The committee trusts that the registration procedures under way will soon be concluded.
4. 172. In this connection, the Committee observes that article 318 of the Constitution provides for up to 120 days for a decision to be reached on applications made to the administrative authorities and that, in accordance with sections 64 and 65 of Decree No. 640/973, of 8 August 1973, the period during which workers' organisations may be obliged to wait before they can function as such may be as much as six months. The Committee also notes that the Committee of Experts on the Application of Conventions and Recommendations commented on this point when it examined the application of Convention No. 87 in Uruguay. Consequently the Committee requests the Government to take measures with a view to modifying the trade union legislation so that a special period, as short as possible, may be prescribed during which the competent administrative authority undertakes the registration of occupational associations.
5. 173. As regards the difficulties that the AEBU (a second-level organisation already in existence) is said to be experiencing in adapting to the system laid down by the new trade union legislation, the Committee notes that, according to the Government, the AEBU submitted two applications for registration but that neither of them complied with the formalities required by law. The Committee observes that for the complainants the main problem lies in determining whether or not it is necessary, for the AEBU to be constituted as a second-level association, for the corresponding first-level associations to have first been set up as registered and, if so, whether the AEBU can obtain an extension of the 90 days provided for by law so that organisations already in existence such as the AEBU can adapt to the new trade union system. In this respect the Committee expresses the hope that the AEBU will be able to count on the co-operation of the authorities in resolving whatever difficulties may arise for existing occupational associations in adapting to the new trade union legislation.
6. 174. As regards the allegations that certain workers have been disqualified from holding trade union office, the Committee notes the Government's statements, particularly that according to which Mr. Milton Antognazza withdrew from trade union office of his own accord on 12 November 1982, and not because of any disqualification.
7. 175. The Committee wishes to recall that, at the Government's request, the office asked the complainants to indicate the names of the other disqualified persons and that, in reply, the complainants mentioned the AFAEBU trade unionists, Mr. Pedro Ciganda, Mr. Guillermo Alvarez and Mr. Eduardo Fernández. The Committee observes, nevertheless, that the Government has made no reference to these trade unionists. Consequently, the Committee requests the Government to supply its observations on the disqualification from trade union office to which they are said to have been subjected.
8. 176. As regards the allegation that at the beginning of July 1982 the ONDA undertaking dismissed 26 workers, most of whom were on the list of candidates for the elections to the executive committee of the Wage Earners and Salaried Employees' Association of the ONDA undertaking, the Committee notes that, at the request of the said Association, the Government carried out an inquiry into the dismissals and that the inquiry found that none of the persons dismissed was a member of or candidate for election to a trade union executive committee and that there was no proof of anti-union motives. The Committee also notes that none of the members of the Provisional Committee of the workers' association in question was dismissed and that the association had thanked the ministry of Labour and Social Security for the inquiry carried out and the concern it had demonstrated. In these circumstances, the committee considers that this allegation calls for no further examination.
9. 177. As regards the other dismissals said to have been made on anti-union grounds, the Committee notes with interest that, thanks to the measures taken by the Ministry of Labour and Social Security, the reinstatement of the trade unionists Ricardo Castillo and José Buere was obtained. The Committee notes that the trade unionists of the United Mizrahi Ltd referred to by the complainants were not dismissed but voluntarily resigned their jobs because of the closure of one sector of the Bank's activities. The Committee also notes the Government's statements concerning the allegations respecting the dismissal of Mr. Homero Gramajo, a trade unionist of the Banco La Caja Obrera. In this respect, the Committee requests the Government to keep it informed of developments in the situation with regard to this trade union leader.
10. 178. As regards the alleged arrest on two occasions of three trade unionists of the National Brewery (the first time for 9 hours and the second for 24 hours), the Committee notes that, according to the Government, they were not arrested but were invited, on two occasions, to the Montevideo Police headquarters to explain a workers' gathering which had not been notified to the authorities. Nevertheless, given that the workers' gathering took place peacefully and spontaneously, the Committee would draw the Government's attention to the fact that the apprehension and systematic or arbitrary interrogation by the police of trade union leaders and unionists involve a danger of abuse and could constitute a serious attack on trade union rights.
11. 179. Finally, the Committee regrets that the Government has not replied on the remaining allegations: the dismissal of 61 workers from the financial entity Centro-Banco: the arrest of Miguel Angel Mato Gajeán of the Fabricá Uruguaya de Neumáticos, S.A, of Juan Acuña, Isolina Pérez de Acuña and Irene Corrales (the last two persons have now been released), and the refusal of permission to hold a cultural event planned by the AEBU. The committee requests the Government to supply its observations on these allegations as soon as possible.