Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 349, Mars 2008

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

1. 15. The Committee last examined this case at its March 2007 meeting and, on that occasion, emphasizing that a period of almost two years for the issuing of a decision on amparo proceedings (proceedings relating to the protection of constitutional rights) concerning issues relative to trade union rights was too long, had indicated that it expected the judicial authorities to issue a ruling in the near future with regard to the amparo proceedings initiated by the Association of State Workers (ATE) concerning contested ruling No. 2735/04, in which the Undersecretariat of Labour and Social Security of Mendoza Province had declared the industrial action (assembly at the workplace) carried out by the workers of Godoy Cruz municipality on 22 June 2004 to be illegal, and also with regard to the alleged sanction of issuing warnings to 45 workers who had participated in the industrial action of 22 June 2004, which had been declared illegal by the administrative authority of Mendoza Province [see 344th Report, paras 254–268].
2. 16. In a communication dated 19 September 2007, the Government indicated that, on 26 September 2006, the First Labour Chamber of the first judicial district of Mendoza Province had rejected the application for amparo proceedings filed by the trade union in the case “Association of State Workers (ATE) versus the municipality of Godoy Cruz regarding amparo”. The Government also indicated that the trade union which had filed the application for amparo proceedings had appealed against this ruling, which had been referred to the Supreme Court of Justice of Mendoza.
3. 17. The Committee takes note of this information, expresses the hope that the Supreme Court of Justice of Mendoza will issue a ruling in the near future and requests the Government to keep it informed of the decision that is handed down in this regard.