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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body- 27. The Committee last examined this case at its November 2011 session [see 362nd Report, paras 446–470] and, on that occasion, made the following recommendations:
- (a) As regards the administrative investigation initiated against [the National Union of Workers in the Metal Engineering, Machinery, Metallurgical, Railways Industry and in the Allied Marketing and Transport Sector (SINTRAIME)] for damage to rail installations, workshops and doors of the enterprise facility, the Committee observes that, according to the enterprise, the administrative proceedings are now under way in the Ministry of Social Protection, under the responsibility of Inspector No. 16, pending a decision on the request for evidence submitted by the defendant trade union. The Committee requests the Government to keep it informed of developments and to send a copy of the decision once it is handed down.
- (b) As regards the allegations concerning the disappearance of the president of the Santa Marta branch of SINTRAIME (Mr José de Jesús Orozco), the Committee observes that the Government does not provide any new information on the whereabouts of this trade union official and therefore reiterates its previous recommendation and urges the Government, and the complainant organization, to send new detailed information, without delay, on the alleged facts and on the whereabouts of this trade union official.
- (c) As regards the allegation that several workers had been arrested after the work stoppage held by SINTRAIME, the Committee notes that, according to the Government, no worker is currently being held in custody for the events of 24 March 2009. The Committee requests the Government to provide information on the alleged arrests of workers immediately following the work stoppage in March 2009, and which the Committee understands were temporary, and if there are any penal charges pending against them.
- (d) As regards the refusal to negotiate the list of demands presented by SINTRAIME, the Committee observes that the trade union opted to refer the matter to an arbitration tribunal and requests the Government to send the arbitration award handed down in this context.
- (e) As regards the anti-union dismissals alleged by [the Single National Union of Workers in the Mining, Energy, Metallurgical, Chemical and Allied Industries (FUNTRAENERGETICA)], the Committee notes that 30 dismissed workers have court cases pending with the 20th Labour Court of the Bogotá Circuit, seeking reinstatement. The Committee requests the Government to keep it informed in this regard and to send a copy of the rulings handed down.
- 28. In a communication sent in October 2012, the Government states only that the administrative investigation into the damage to rail installations caused by SINTRAIME (recommendation (a)) and the court cases concerning the status of the 30 dismissed workers (recommendation (e)) are ongoing. It reiterates that SINTRAIME’s allegations concerning the disappearance of the president of one of its branches are not borne out by the facts, such as the various judicial proceedings brought by the trade union official. Concerning the refusal to negotiate the list of demands, the Government states that the dispute has been resolved through an arbitral award, confirmed by the Supreme Court, and attaches copies of the relevant judgments.
- 29. The Committee takes note of the information provided by the Government. However, it observes that, despite its stated intention to do so, the Government has not sent any information on the outcome of the administrative investigation into the damage to rail installations caused by SINTRAIME (recommendation (a)) and the court cases concerning the status of the dismissed workers (recommendation (e)). In addition, the Committee observes that the Government did not provide any information on the alleged arrests of striking SINTRAIME members and possible existence of penal charges against them (recommendation (c)). The Committee urges the Government to supply this information promptly.
