Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 359, Mars 2011

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

1. 122. The Committee made the following recommendations on matters still pending at its March 2010 meeting [see 356th Report, para. 120]:
   • The Committee requests the Government to keep it informed of the outcome of the judicial proceedings against the dismissals of the trade unionists Mr Miguel Moreno Avila and Mr Felipe Fabián Fernández Flores, and hopes that a ruling will be given without delay. At the same time, given the lack of any information on the legal request lodged by the Banco del Trabajo to dissolve the union SUDEBANTRA, the Committee once again requests the Government to inform it of the ruling once it is handed down.
2. 123. In its communication dated 11 March 2010, the Single Trade Union of Workers of Crediscotia Financiera (previously known as SUTRABANTRA) alleges that its secretary general, Arnoldo Calle Flores, and its defence secretary, William Alburquerque Zevallos (22 June 2009), remain dismissed in violation of trade union immunity despite court orders for their reinstatement. Over the past few years, members have been dismissed in order to bring about a situation whereby the trade union has less than the legal minimum number of members. It also indicates that in the framework of the dissolution procedure against the SUDEBANTRA union, the decision taken was in favour of this organization.
3. 124. In its communication dated 7 February 2011, the Government states that, according to the employer, the company Crediscotia Financiera SA did not establish conditions, benefits or other incentives not to join the union. It is therefore not established that it intervened in the workers’ decision to join the union. The employer adds that it has never prohibited the union’s constitution or the holding of assembly meetings to make decisions. As to the right to collective bargaining, the company states that it has established collective bargaining procedures together with the regularly constituted union, which represents the workers in Lima and the provinces. In this sense, the company indicates that it has never committed acts which violate the freedom of association of the organization or its members, and that it recognizes the complainant as a representative trade union.
4. 125. With regard to the legal proceedings, the company states that several appeals were filed by some of its members and that the judiciary concluded that there had been no violation of the freedom of association. These proceedings, which are now closed, reached the final stage.
5. 126. As to the situation of the trade union leaders William Alburquerque Zevallos and Arnoldo Calle Flores, the employer indicates that following the decisions of the judiciary, workers were reinstated in their jobs. However, following their reinstatement, the employees have not shown any willingness to comply with the obligations imposed on them, which led to sanctions and a further breach of the employment relationship. Following this, Mr Alburquerque Zevallos and Mr Calle Flores brought new complaints against the bank, which are currently pending. The applicants found their jobs again following an injunction. The union is aware that they now come to work normally. However, the employer indicates that Mr Alburquerque Zevallos does not fulfil his duties.
6. 127. The Committee notes the information provided by the Government and the complainant. It notes in particular that: (1) the company recognizes the complainant as a representative trade union; (2) several lawsuits have been triggered by some of its members and the judiciary concluded that there had been no violation of the freedom of association; (3) following their transfer and dismissal for failing to obey the obligations imposed on them, Mr Alburquerque Zevallos and Mr Calle Flores brought new legal actions against the bank, and these procedures that are still pending; and (4) the unionists obtained by injunction their reinstatement in their original jobs. The Committee requests the Government to keep it informed of the current process and to provide a copy of the decision once adopted. In addition, the Committee once again requests the Government to report on the results of the legal proceedings concerning the dismissal of the trade unionists Miguel Moreno Avila and Felipe Fabián Fernández Lopez and to provide copies of the decisions once adopted.