Rapport définitif - Rapport No. 222, Mars 1983

1. 73. The complaint is contained in a communication from the National Workers' Force (Fuerza Nacional del Trabajo - FNT) dated 12 March 1982. The FNT supplied further information in communications dated 6, 13 and 14 April, 24 May,- 18 and 24 June, 6 and 26 July, 20 and 27 September and 18 and 21 October 1982, as well as an undated communication received at the beginning of February 1983. The Government replied in communications dated 8 October 1982 and 12 January 1983.
2. 74. Spain 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. 75. The FNT alleges that the Madrid City Council, in failing to hold trade union elections before 4 February 1982, has infringed the second additional provision of the resolution of the General Directorate for local Administration dated 29 January 1981.
2. 76. The FNT adds that its General Secretary, Mr. Miguel Bernard Ramón, who held the post of head of the Social Activities Section of the Personnel Department of the Madrid City Council, was transferred on 29 March 1982, on the grounds of "the exigencies of the service", to the Finance, Income and Property Branch of the Appeals Section of the Employers' Taxation Department. According to the FNT the transfer was carried out for ideological and political motives and not because of the "exigencies of the service", since Mr. Bernard was given a choice between various senior positions in the Appeals Section. The FNT also states that Mrs. Mercedes Cordero Durán, an FNT delegate, was transferred from her job by a decision of the Madrid city Council, in order to deprive her of her trade union rights.
3. 77. The FNT also alleges that on 25 May 1982 the trade union electoral board set up for the 1982 Madrid City Council trade union elections unanimously agreed to declare inadmissible the electoral pamphlet prepared by the FNT, ordered its seizure and withdrawal and informed the Corporation's legal department of these facts so that it might consider the possibility of lodging a complaint before a criminal court.
4. 78. Finally, the FNT states that disciplinary action, involving suspension from employment and loss of pay, has been taken against FNT union leaders Luis Bachiller Garcia and Miguel Bernard Ramón as well as against trade union delegates Jaime Garrido del Sol and Jesús Angel López Martinez. Miguel Bernard Ramón is charged with having made statements, "likely to be considered insulting and libellous" in a communication to the councillor for Finance, Income and Property in which the FNT answers the public statements made by the said Councillor in connection with the results of the last trade union elections as they affected the FNT. The FNT also states that it is suing the said Councillor for coercion, threats and insulting behaviour with regard to FNT delegates. In the case of Luis Bachiller García, the complainant goes on to say, proceedings have been taken against him for having made written threats against the delegate of the Security and Municipal Police Services. In the document in question Mr. Bachiller stated that neither ill-treatment, nor harassment would in any way be tolerated from the said delegate (who a few days previously had stated that FNT representatives would be prosecuted), and informed him of this "to avoid our taking the appropriate measures in response to his antidemocratic and anti-constitutional attitude". In an, undated communication received at the beginning of February 1983, the FNT supplied a copy of a statement by the Committee of Workers of the Madrid City Council (made up of representatives of the Workers' Committees (CC 00), General Union of Workers (UGT), the Independents' Coalition and the FNT), dated 23 July 1982, declaring that it will not accept disciplinary action being taken against any trade union delegate for freely exercising his trade union duties.

B. The Government's reply

1. 79. In its communication of 8 October 1982 the Government states that on 6 March 1981 the General Directorate of local Administration suspended the agreement reached at a plenary sitting of the Madrid City Council on 9 May 1980 and that this suspension was lifted by the ruling of 20 July 1981 of the Second Civil Chamber of the Madrid Regional Court. Consequently, the agreement of the Madrid City Council of 9 May 1980 is valid. In accordance with this agreement the employees' delegates and members of staff of the Madrid City Council have a two-year mandate as from the first trade union elections which were held on 30 May 1980. The trade union elections were accordingly held on 3 June 1982.
2. 80. The Government adds that the disciplinary action against FNT leaders and delegates is taking its course with all due guarantees and that the complainant organisation has furnished no proof that this action was instituted as a result of the trade union membership of the officials concerned.
3. 81. As regards the transfer of officials within the Madrid Municipal Corporation, the Government states that, once again, the complainant organisation has furnished no proof that this constitutes discrimination on the grounds of trade union membership and that the officials concerned may take the court action they deem appropriate.

C. Conclusions of the Committee

1. 82. As regards the allegation according to which the Madrid City Council has infringed the second additional provision of the resolution of 29 January 1981, adopted by the General Directorate of Local Administration, by not holding trade union elections before 4 February 1982, the Committee notes that according to the Government the judicial authorities declared valid the Madrid City Council's agreement of 9 May 1980, according to which the mandate of the trade union representatives elected on 30 May 1980 was for two years and that, as stated, the trade union elections were accordingly held on 3 June 1982. Consequently, in view of the ruling of the judicial authorities, the Committee considers that this aspect of the case calls for no further examination.
2. 83. With regard to the rest of the allegations (withdrawal of the FNT's electoral pamphlets, the taking of disciplinary action and the transfer to other posts of FNT leaders and its union delegates), the Committee regrets to note that the Government has not furnished sufficiently detailed information on these matters; nor, however, in recent months have the complainants given specific information on developments and particularly on the outcome of the appeals that they may have lodged with the administrative or judicial authorities. Nevertheless, it is apparent from an examination of the documents supplied by the complainant that there is an atmosphere of discard which, at times, is not without aggressiveness between FNT representatives and the municipal authorities in Madrid, due more to ideological and political reasons than to trade union issues and that this is impeding the development of labour management relations in the municipal sector in Madrid. The Committee considers that the harmonious development of labour management relations would be enhanced if the labour authorities were to act as mediators between the FNT and the Madrid municipal authorities with a view to finding solutions, in an atmosphere of mutual trust and respect, to the questions arising out of the present complaint (in particular the taking of disciplinary action and the transfer of trade union leaders and delegates) as well as to any other problem that may arise in the future.