Informe provisional - Informe núm. 236, Noviembre 1984

1. 383. The complaint is contained in a communication from the Independent Labour Association of International Transport Workers dated 21 June 1984. The Government replied in a communication dated 7 August 1984.
2. 384. Uruguay has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 385. The complainant alleges in its communication of 21 June 1984 that four out of the five members of the provisional executive committee of the International Labour Association of International Transport Workers were dismissed. The complainant describes these dismissals as acts of anti-union discrimination and points out that they were effected when the management of the "Nicolás González" international cargo and freight transport undertaking learned that the meeting to set up the labour association had been held on 28 January 1984.

B. The Government's reply

1. 386. The Government states that it only has knowledge of the dismissal of three persons, who were those who applied through administrative channels for their reinstatement on the grounds of trade union immunity. The Government adds that on 11 May 1984, at a conciliation meeting presided over by the Director of Labour Relations of the Ministry of Labour and Social Security, the reinstatement of one of the dismissed persons was obtained, under the same conditions of employment and without loss of seniority in the undertaking. In the two remaining cases it was not possible to reconcile the parties since the undertaking argued that it was unaware of the trade union activity engaged in by the persons concerned and that they had been dismissed for strictly functional reasons. In spite of what the undertaking maintained, the administrative proceedings have not yet been exhausted but are continuing with the object of determining whether or not the termination of the employment relationship of the two workers was connected with the trade union activity in which they were engaged. Once the proceedings have been terminated the results will be communicated.

C. The Committee's conclusions

1. 387. With regard to the alleged anti-union dismissal of leaders of the Independent Labour Association of International Transport Workers, the Committee notes that, according to the Government, only three workers of the "Nicolás González" international cargo and freight transport undertaking applied through administrative channels to be reinstated on the basis of trade union immunity. The Committee notes also that one of the trade union leaders has been reinstated following a conciliation meeting presided over by the administrative authority.
2. 388. The Committee also notes that, with respect to the other two trade union leaders dismissed from the undertaking, the Government declares that administrative proceedings are continuing with a view to determining whether or not their dismissal was connected with the trade union activity in which they were engaged. The Committee requests the Government to communicate the results of the administrative proceedings regarding these dismissals.
3. 389. In general the Committee wishes to recall the great importance it attaches to the principle that no person should be dismissed or subject to other prejudicial measures regarding employment for carrying out legitimate trade union activities [see, for example, 233rd Report, Cases Nos. 1183 and 1205 (Chile), para. 500].