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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 151. The Committee examined this case at its meeting in November 2007 and made the following recommendations [see 348th Report, para. 1091]:
- (a) The Committee requests the Government to keep it informed of the outcome of the judicial proceedings (pending on appeal) concerning the dismissals of union officials Felipe Fernández Flores and Miguel Moreno Avila from the Gloria SA enterprise, and urges the Government to keep it informed without delay of the judicial proceedings concerning the dismissal from the same enterprise of Mr Fernando Paholo Trujillo Ramírez, about which it has sent no information.
- (b) With regard to the anti-union dismissal of Mr Segundo Adán Robles Nunura by the Petrotech Peruana SA enterprise, the Committee expects that the judicial proceedings will be concluded soon, and requests the Government to keep it informed of their outcome.
- (c) The Committee requests the Government to take the necessary measures to ensure that the General Secretary of SUTRABANTRA, Mr Efraín Calle Flores, who was dismissed from the Banco del Trabajo, is reinstated in his previous post, with the payment of lost wages, pending the final judgement of the Supreme Court, and to keep it informed in this regard. In addition, the Committee urges the Government to send its observations concerning the other alleged dismissals of union officials and members of the SUTRABANTRA union.
- (d) The Committee requests the Government to take the necessary measures to ensure that the Banco del Trabajo recognizes SUTRABANTRA as an organization representing the interests of its members, and to make an effort to promote collective bargaining between the parties.
- 152. In its communication dated 3 March 2008, the Government indicates that Mr Gilver Arce Espinosa withdrew his case against Gloria SA for wrongful dismissal and that the case has been filed. The proceedings relating to the wrongful dismissal of Mr Felipe Fabián Fernández Flores and Mr Miguel Moreno Avila are pending judicial appeal. As for the allegations concerning the Unified Trade Union of Workers of the Banco del Trabajo (SUTRABANTRA), the Committee notes that Mr Efraín Calle Flores was reinstated in his post at the Banco del Trabajo by a ruling of 11 July 2007 confirming that he had been wrongfully dismissed. The Government adds that, according to an inspection by the Ministry of Labour, the Banco del Trabajo still refuses to recognize SUTRABANTRA, although it was not possible to ascertain from the inspection whether some members had registered both with SUTRABANTRA and with the enterprise’s other union (an argument put forward by the enterprise to challenge the negotiation of the list of demands), because the bank had not deducted the respective union dues.
- 153. The Committee takes note of this information, in particular with regard to the reinstatement of union leader, Mr Efraín Calle Flores, and the withdrawal of the case brought by union leader, Mr Gilver Arce Espinosa, for wrongful dismissal. The Committee requests the Government to inform it of the outcome of the appeals lodged by unionists Mr Felipe Fabián Fernández Flores and Mr Miguel Moreno Avila relating to the wrongful dismissal proceedings. The Committee also requests the Government to inform it of any developments in the judicial proceedings relating to Mr Paholo Trujillo Ramírez (Gloria SA enterprise). The Committee further requests the Government to take measures to enable the Labour Inspectorate to continue to conduct inspections of the Banco del Trabajo with a view to determining whether SUTRABANTRA is a representative organization and, if it is confirmed as such, to encourage the enterprise to recognize the union for the purposes of collective bargaining and any other measure that promotes collective bargaining.
