Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 337, Juin 2005

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

1. 94. At its meeting in November 2004, the Committee requested the Government to take steps to register the amendments to the trade union by-laws requested by the complainant (the National Trade Union of Electrical and Allied Workers of the Mexican Republic), and to keep it informed in this regard [see 335th Report, para. 1042]. The purpose of these amendments was to enable the union to extend its coverage to workers in the cable television sector, radio broadcasting, and the manufacturing of radios, televisions, light bulbs and electronics in general, rather than being restricted to the electrical industry as such. The Government had stated that, as was clear from the administrative decisions and the ruling handed down in this case, the sectors to which the complainant organization wished to extend its coverage fell within the remit of local government, according to section 527 of the Federal Labour Act, while the complainant organization belongs to the electrical industry, which falls within the federal remit, and different jurisdictions cannot be combined. The Committee had noted that the last judicial decision denied the complainant organization constitutional protection (amparo) and the protection of the justice system [see 335th Report, paras. 1039 and 1040].
2. 95. In its communication of 9 February 2005, the Government reiterates that the National Trade Union of Electrical and Allied Workers of the Mexican Republic had gone through all the available administrative and judicial means provided for in national legislation regarding the request to register the amendments to its by-laws, without obtaining a favourable ruling. The collegiate circuit labour court accordingly ordered the case to be filed as definitively closed on 20 February 2004. The national tribunals ruled in accordance with the applicable legislation, with full autonomy, in accordance with law and with due regard to the procedural safeguards protecting the union. The union was able to make use of all the available legal means of defence. The Government adds that, given that the matter is now deemed to be res judicata, the Government cannot now take steps to register the amendments as requested by the Committee in its recommendation, as this would invalidate the rulings handed down by the competent judicial bodies. The union appears to be demanding that the Committee on Freedom of Association assume the role of a higher judicial or review body to re-examine previous rulings, which would be outside its remit.
3. 96. The Government states that the trade union in question has the right to apply again for registration of the amendments to its by-laws, provided that the legal requirements are met; this does not imply any interference by the authorities with the union’s right to organize its administration and activities.
4. 97. The Committee takes note of the Government’s information. It had already noted in its previous examination of the case that the legislation in force prevented the complainant from extending its coverage, and this was confirmed by the administrative and judicial authorities. The Committee therefore reiterates its previous recommendations, and requests the Government to take steps – including steps to amend legislation – with a view to ensuring that, in situations like the one described by the complainant, trade unions can amend their by-laws in order to broaden their coverage.