Effect given to the recommendations of the committee and the Governing Body - Report No 354, June 2009

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

1. 146. During its previous examination of the case, the Committee requested the Government to send it the texts of the court rulings relating to the collective dispute that had arisen in the enterprise CONFITALIA in 2003–04 and to the alleged violations of the right to strike [see 349th Report, para. 183].
2. 147. In its communication of 23 February 2009, the Government states that the Conciliation and Arbitration Board of the State of Morales has indicated that it is unable to communicate the court rulings, as only the parties in labour proceedings or persons who may be affected by a decision may intervene in such proceedings. Nevertheless, the abovementioned local Conciliation and Arbitration Board reported on the status of the proceedings. According to this information:
   • – Case No. 02/580/01.?CONFITALIA SA de CV and others.?On 4 June 2008, an arbitration award was rendered, attributing liability to the enterprise CONFITALIA SA de CV for the causes of the strike action and ordering the payment of and compliance with the benefits mentioned in the sixth paragraph of the award; Mr Miguel Arroyo Ramírez, in his capacity as appointed liquidator in Case No. 9/2001 concerning the insolvency of the enterprises GRUPPO COVARRA SA de CV; CONFITALIA SA de CV; FODERAMI COVARRA SA de CV; RIVETEX Cashmere Factory SA de CV; and ADOC SA de CV, initiated direct amparo proceedings (appeal for the enforcement of constitutional rights) against the award handed down by this authority. On 28 July 2008, the Third Collegiate Court of the Eighteenth Circuit issued a final decision in the direct amparo proceedings, in which it endorsed the award rendered by the local Conciliation and Arbitration Board.
   • – Case No. 02/480/02.?CONFITALIA SA de CV and others.?On 24 August 2007, an arbitration award was rendered, attributing liability to the employer CONFITALIA SA de CV for the causes of the strike action and ordering the defendants to pay and comply with the benefits mentioned in the fifth paragraph; as a result of the award handed down by this authority, Mr Miguel Arroyo Ramírez, in his capacity as appointed liquidator in Case No. 9/2001 concerning the insolvency of the enterprises GRUPPO COVARRA SA de CV; CONFITALIA SA de CV; FODERAMI COVARRA SA de CV; RIVETEX Cashmere Factory SA de CV; and ADOC SA de CV, initiated direct amparo proceedings. On 12 June 2008, the Second Collegiate Court of the Eighteenth Circuit issued a final decision in the direct amparo proceedings, in which it endorsed the award rendered by the local Conciliation and Arbitration Board.
   • – Case No. 02/481/02.?ADOC SA de CV and others.?On 24 August 2007, an award was rendered, attributing liability to the enterprise ADOC SA de CV and ordering the payment of and compliance with the mentioned benefits. As a result of the award handed down by this authority, Mr Miguel Arroyo Ramírez, in his capacity as appointed liquidator in Case No. 9/2001 concerning the insolvency of the enterprises GRUPPO COVARRA SA de CV; CONFITALIA SA de CV; FODERAMI COVARRA SA de CV; RIVETEX Cashmere Factory SA de CV; and ADOC SA de CV, initiated direct amparo proceedings. On 2 July 2008, the Second Collegiate Court issued a final decision in the direct amparo proceedings, in which it endorsed the award rendered by the local Conciliation and Arbitration Board.
3. 148. The Committee notes this information.