Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 358, Noviembre 2010

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

1. 47. The Committee last examined this case, which concerns the lifting of the trade union immunity of a union official, the initiation of anti-union disciplinary proceedings, the refusal to bargain collectively with the National Service for Training (SENA) and the anti-union dismissal of employees of the Cali Municipal Enterprises (EMCALI), at its meeting in May 2010 [see 357th Report, paras 35–39]. On that occasion the Committee recalled that it had requested the Government to consider taking the necessary measures to ensure the reinstatement of the 45 trade union members and six union leaders of EMCALI. In its communication dated 25 October 2010, the trade union organization SINTRAEMCALI informs that during the last meeting with the enterprise EMCALI, a proposal was made which does not correspond to the claims of the trade union since it does not include the reinstatement of the dismissed workers, and that it is willing to continue to participate in the mediation process, with the assistance of the ILO, until a final agreement is reached.
2. 48. With regard to the allegations concerning SENA, the Committee notes with satisfaction that, thanks to a preliminary contacts mission in July 2010, the parties have reached an agreement whereby: (1) on 15 December 2009, the parties signed an agreement to enter into a process of consultation and negotiation; (2) the parties undertake to pursue the respectful and harmonious development of collective labour relations; (3) they agree to convert the monthly national trade union relations meetings into a permanent round table on labour relations, with a commitment on both sides to act in good faith in pursuing the undertakings entered into under the December 2009 Agreement; (4) an extraordinary session of the permanent round table may be convened to discuss any alleged infringement of trade union rights or any other priority labour issue; and (5) the parties consider Case No. 2356 to have been resolved, as far as they are concerned.
3. 49. With regard to the allegations concerning EMCALI, the Committee notes with interest that, thanks to the same preliminary contacts mission, the parties have reached an agreement whereby: (1) in the light of the Committee’s recommendation in its 357th Report, which SINTRAEMCALI welcomes, the parties agree to establish a round table to explore methods of consultation and negotiation on case No. 2356, for which EMCALI undertakes to present a proposal; (2) the parties agree to hold a first meeting on 14 July 2010 and to hold as many meetings as necessary to reach an agreed solution; and (3) in witness of their desire to establish a permanent dialogue, the parties undertake to discuss all relevant labour and trade union issues together. Noting that the trade union organization SINTRAEMCALI informs that during the last meeting with the enterprise EMCALI, a proposal was made which does not correspond to the claims of the trade union since it does not include the reinstatement of the dismissed workers, and that it is willing to continue to participate in the mediation process, with the assistance of the ILO, until a final agreement is reached, the Committee requests the Government to consider appointing a mediator with the aim of finding a workable solution to this long outstanding case in line with the Committee’s previous recommendations and to keep it informed of the progress made in this regard.