Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 356, Mars 2010

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

1. 50. The Committee examined this case at its June 2008 meeting [see 350th Report, paras 571–626]. On that occasion, the Committee made the following recommendations:
   • – With regard to the sanctions imposed on Mr Rodríguez, leader of SINTRAICOLLANTAS, for seeking to inform workers about the restructuring plan, the Committee requests the Government and the complainant organization to clarify whether Mr Rodríguez was suspended or dismissed, the reasons for the penalty and whether Mr Rodríguez consequently instituted judicial proceedings. The Committee also requests the Government to keep it informed of developments with regard to the complaint submitted to the Attorney-General regarding the falsified document;
   • – On the subject of the allegations that trade union leaders are persecuted for distributing the trade union newspaper and that trade unions are not permitted facilities for communication within the company, the Committee requests the Government to ensure that trade union leaders have access to the facilities necessary to communicate with their members and that they are able to distribute the newspaper freely. The Committee requests the Government to keep it informed on this matter;
   • – With regard to the appointment of an arbitration tribunal without complying with legal provisions regarding the nomination of arbiters, in June 2002, with regard to which legal proceedings were brought against the Council of State and are currently ongoing, the Committee requests the Government to keep it informed of the judgement and to ensure that the necessary measures are taken to guarantee compliance with legislation regarding the appointment and operation of arbitration tribunals.
2. 51. In a communication dated 27 January 2009, the Sibaté subbranch of the National Union of Workers in the Processing Industry for Rubber, Plastic, Polyethylene, Polyurethane and Synthetic Substances, Parts and Derivatives of these Processes (SINTRAINCAPLA) and the National Union of Workers of Icollantas SA (SINTRAICOLLANTAS) refer to the allegations already made and report that Mr Rodríguez initiated legal proceedings with the Fifteenth Labour Court which are currently pending. The communication also refers to the transfer of three trade union leaders to other posts without their consent in April 2007 (Messrs Orlando Moreno, Wilmar Ramírez and Alfredo García), following which they lodged a complaint which is pending with the Ministry of Social Protection of Soacha.
3. 52. The Committee notes that despite the time that has elapsed, the Government has not sent new information concerning the various legal proceedings pending even though the Committee has previously requested to be kept informed in this regard. The Committee notes that the Government has also not sent its observations concerning the new allegations reported by the trade union organizations, which are also currently the subject of pending administrative and legal proceedings. The Committee once again requests the Government to keep it informed of the currently pending legal and administrative appeals, which are mentioned in the previous paragraphs.