Effect given to the recommendations of the committee and the Governing Body - Report No 305, November 1996

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

1. 17. At its meeting in March 1996, the Committee made the following recommendations on the pending allegations (see 302nd Report, para. 255):
   • - As regards the collective dispute in the LACSA enterprise (Case No. 1695), the Committee requests the Government to keep it informed of the outcome of the appeal lodged by the representative of the Pilots' Association against the administrative resolution DRT-771-94 and on the decision adopted by the National Labour Inspectorate Board on the complaint submitted by the Pilots' Association against LACSA for having violated the collective agreement.
   • - As regards the collective dispute in Geest Caribbean Limited (Case No. 1781), the Committee:
   • - - insists on the need that the agreement of 16 May 1994, signed by the parties, be fully applied, including clause 3 concerning dismissals;
   • - - requests the Government to ensure that trade union rights in the above-mentioned enterprise are fully respected, in particular protection against anti-union dismissals, the right of trade union officials to enter into contact with plantation workers with due respect for property rights and the guarantee that "standing workers' committees" (non-unionized) do not undermine the role of the representative trade unions in the enterprise. The Committee requests the Government to keep it informed of the measures it takes in this respect and the outcome of the appeal lodged with the Constitutional Chamber against the administrative decision of 24 May 1994;
   • - - requests the Government to keep it informed of the evolution of proceedings under way concerning the acts of violence which occurred in May 1994 during the collective dispute in question, and to send it the text of the sentence handed down. The Committee insists that an investigation be undertaken on the allegations of acts of violence which were said to have been committed as much by the workers as by the police.
2. 18. In a detailed communication of 2 September 1996, the Government indicated a number of steps which had been taken by the Ministry of Labour to resolve the dispute concerning the LACSA enterprise. The Government also mentioned the appeals and procedural tactics used by the parties which has delayed the outcome of the administrative procedure concerning the violation of the collective agreement, and which is still not over. As concerns the collective dispute at Geest Caribbean Ltd., the Government indicated that, in response to the Committee's recommendation, it carried out conciliation and mediation between the parties so that the agreement of 16 May 1994, including section 3 concerning dismissals, be applied. The Government pointed out, however, that Geest Caribbean Ltd. ceased operating in May 1996; it has retained its legal personality but does not employ any workers in the country. The Government adds that, by Circular DM 1428-96 of 19 June 1996 (a copy of which was annexed), the Ministry of Labour gave instructions to the Labour Inspectorate for inspectors to ensure that trade union rights be fully respected in Geest Caribbean Ltd. and in the other companies in the country, including on the plantations, as well as to guarantee that "the standing workers' committees" (not unionized) not interfere with the role of representatives at the undertaking. Furthermore, circular DM 2408-95 of 21 December 1995 gives priority as a matter of urgency to any investigative procedures concerning disloyal work practices contrary to trade union rights, which should be transmitted immediately to the National Labour Inspectorate Board. The Government also indicates that it is not aware of any appeal before the Constitutional Court which was referred to by SITGAH. As concerns the evolution of the procedure concerning the violent acts which occurred in May 1994 during the collective dispute at Geest Caribbean Ltd., the Government points out that the accused (former workers in the company and most of them Nicaraguans without papers) have not been found and that the procedures have been suspended, except as concerns one of them which was found to be without basis.
3. 19. The Committee takes note of this information. As concerns the collective dispute at LACSA (Case No. 1695), the Committee, while noting the delaying tactics evoked by the Government, deplores the delay in the administrative procedure concerning the violation of the collective agreement and recalls that the facts alleged in the complaint date to 1992. The Committee emphasizes that procedures concerning violations of Convention No. 98 should be rapid so that the necessary measures of redress may be truly effective. An excessive delay in the examination of cases and, in particular, the absence of a decision for a long period of time is equivalent to the denial of justice and thus to the negation of trade union rights for the persons concerned.
4. 20. As concerns Case No. 1781, the Committee takes note with interest of the steps taken by the Ministry of Labour along the lines of some of the recommendations previously made by the Committee concerning the collective dispute at Geest Caribbean Ltd. The Committee also takes note of the information provided by the Government according to which the penal procedures have been suspended since the persons concerned have not been found. The Committee notes that the company in question ceased operating in May 1996 and requests the Government to indicate, according to the terms of the legislation, the possibilities for applying the agreement of 16 May 1996 given the recent cessation of activities by the company in question.