Effect given to the recommendations of the committee and the Governing Body - Report No 359, March 2011

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

1. 102. The Committee last examined this case in June 2010, when it made the following recommendations on the matters still pending [see 357th Report, para. 758]:
   • (a) With regard to the alleged dismissals of five union officials and four union members named in the complaint, Ms María del Socorro Guadalupe Acevez González, Ms Rossana Aguirre Díaz, Ms María Cristina Vergara Parra, Ms Bertha Elena Flores Flores, Ms Elodia Hernández Orendain, Messrs Alejandro Casarrubias Iturbide, Lázaro Gabriel Téllez Santana, Javier Badillo Flores and Martín Ramírez Olmedo, the Committee expects that the Local Conciliation and Arbitration Board of Jalisco State will give a ruling quickly on the claims made by the dismissed union officials and members in connection with the alleged unjustified and anti-union dismissals (or, to use the Government’s term, terminations of a commercial contractual relationship), and requests the Government to keep it informed of the results of those claims.
   • (b) With regard to the allegation that the insurance companies in question have sought the cancellation of the complainant’s union registration before the Local Conciliation and Arbitration Board in Jalisco State - wrongly, in the complainant’s view - the Committee requests the Government to communicate the ruling handed down by the judicial authority.
2. 103. In its communication dated 9 September 2010, the complainant trade union refers to developments concerning the various legal procedures.
3. 104. In its communication dated 18 October 2010, the Government states that the request submitted to the Fifth Special Conciliation and Arbitration Board of Jalisco State by several insurance companies seeking the cancellation of the registration of the insurance sales agents’ trade union was ruled on in the first instance through a decision dated 11 May 2010, in which the action for cancellation brought by the insurance companies was declared inadmissible. In conclusion, in accordance with Mexican law, the insurance companies still have the option of lodging various legal appeals and, therefore, the decision dated 11 May 2010 cannot be held to be definitive. The Federal Government is fully confident that the judicial authority that hears the appeal will act in accordance with national law and the principles of freedom of association. The Committee takes note of this information and requests the Government to inform it of any new legal appeal against the decision upholding the registration of the complainant trade union.
4. 105. As to the legal claims made by the members referred to in the Committee’s recommendations, the Government provides information on developments concerning the cases (except regarding Mr Javier Badillo Flores) which indicates that the cases are still pending. The Government adds that it will provide the Committee with the judicial rulings once the cases have been rendered.
5. 106. The Committee awaits the rulings to be handed down regarding those trade union members. The Committee requests the complainant organization to provide details of the legal claim made by the trade union member Mr Javier Badillo Flores so that the Government can provide observations in that regard.