Rapport définitif - Rapport No. 197, Novembre 1979

1. 60. The Committee has already examined this case, at its February and May 1979 sessions, when it presented an interim report to the Governing Body. The Government has since sent information in a communication dated 20 August 1979.

A. A. The complainants' allegations

1. 61. The allegations still outstanding in the present case relate to incidents which occurred at the Sula dairies. According to the complainant organisation the management dismissed the members of the union's executive and contrived, in the course of a manipulated meeting, to secure the appointment of a new executive, made up of persons whom the employer had won over.
2. 62. In its communication of 20 August 1979 the Government states that in November 1977 the manager of the undertaking concerned dismissed Manuel de Jesús Zepeda Lobo, Victoriano Quintanilla, Orlando Venegas C, Irene Amaya Alvarado, Héctor Alberto Portillo and Ofelia Amador Rico, all of whom were officials of the trade union of the workers of the undertaking. In the manager's opinion these persons had committed misdemeanours which constituted grounds for dismissal under the labour legislation of Honduras.
3. 63. The Ministry of Labour, which considered that these dismissals were in flagrant violation of the legislation, demanded the reinstatement of the dismissed trade union officials through the intermediary of the Under-Secretary of State and General Director of Labour. On 29 November 1977, continues the Government, the manager of the undertaking agreed to reinstate the persons concerned immediately, maintaining their grade and paying them arrears of wages.
4. 64. Subsequently, in February, April and May 1978, five of the six trade unionists who had been dismissed resigned from their jobs in the undertaking and hence from trade union office. The Government attaches to its communication copies of the letters of resignation of the persons concerned and receipts for the indemnities which they received.
5. 65. Following these resignations, elections were held in the presence of a notary for the appointment of new leaders. Two of the workers who had resigned were confirmed in their office of controller and treasurer of the union.
6. 66. The Committee notes that the allegations referred to the dismissal of trade union officials in the Sula dairy undertaking and to manoeuvres in which the management is said to have engaged in order to organise the election of a new executive.
7. 67. As regards the dismissal of the trade union officials, it appears from the information supplied by the Government that the Ministry of Labour, considering that these measures were unlawful, intervened with the management of the undertaking and caused it to reinstate the persons who had been dismissed. The Committee notes in this connection that the Honduras Labour Code contains certain provisions which prohibit the unjustified dismissal of trade union officials. In particular, under section 516 of the Code, it is unlawful to dismiss from his employment any worker who is a member of a managing Committee of a union, at any time from the date of his election until the end of the six months after he ceases to hold office, unless evidence is first submitted to the competent judge showing that there is lawful cause for terminating his contract of employment.
8. 68. As regards the convening of an assembly to elect a new executive, the Committee notes that this election was made necessary by the resignation from their employment in the undertaking of five of the six officials who had previously been dismissed and subsequently reinstated. Most of the texts of the letters of resignation, which the Government attaches to its observations, mention that the decision to leave the undertaking was taken voluntarily by the persons concerned. Elections were held to fill the vacancies which had arisen in the trade union executive, apparently in conformity with the normal procedure provided for under the Labour Code. Moreover, it appears that two of the former trade union officials who had resigned were confirmed in their office.

69. The Committee accordingly considers that the complainants have furnished no proof that the Government has violated the principles of freedom of association as regards either the dismissal of trade union officials or the organisation of elections. In these circumstances the Committee recommends the Governing Body to decide that the case calls for no further examination.