Informe provisional - Informe núm. 297, Marzo 1995

1. 538. The complaints in this case are contained in a communication of 22 July 1994 from the Trade Union of Workers of the Tela Railroad Company (SITRATERCO) and in a communication from the International Confederation of Free Trade Unions (ICFTU) of 7 September 1994. The ICFTU sent supplementary information in a communication of 29 November 1994. The Government sent its observations in a communication of 2 December 1994.
2. 539. Honduras has ratified the Freedom of Association and the Protection of the Right to Organize Convention, 1948 (No. 87), as well as the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 540. In its communication of 22 July 1994 the Trade Union of Workers of Railroad Company (SITRATERCO) states that in December 1991 a collective agreement was negotiated with the Tela Railroad Company, and that it stipulated that the wage clause could be revised if the country's economy were to undergo serious disruptions. It adds that owing to the currently high rate of inflation, and on the basis of this provision, a wage increase was requested in January 1994. After five months of negotiations during which the desired increase was not obtained, a general strike was declared in June 1994. The complainant organization indicates that the labour authorities, who had been informed of the strike, convened the parties on various occasions in order to seek a solution. Following an offer made by the Government to increase wages, the strike was called off on 18 July. Finally, the complainant organization alleges that when the workers returned to their posts on 19 July 1994, the enterprise dismissed 58 of them (most of whom were leaders of the local trade union committees) and closed two large farms (fincas), effectively eliminating the posts of 375 workers. In its communication of 7 September 1994 the International Confederation of Free Trade Unions (ICFTU) makes the same allegations as those presented by the Trade Union of Workers of the Tela Railroad Company (SITRATERCO).
2. 541. Finally, in its communication of 29 November 1994, the ICFTU alleges that members of the security forces raided the premises of the Central Federation of Free Trade Unions of Workers of Honduras (FECESITLIH) on 6 October 1994.

B. The Government's reply

1. 542. In its communication of 2 December 1994, the Government refers to the dispute between SITRATERCO and the Tela Railroad Company enterprise and states that the Ministry of Labour had on its own initiative and on numerous occasions heard the cases of the parties and tried to help them reach an agreement. The Government adds that while it was committed to encouraging the enterprises to help alleviate the current serious economic crisis, it could not demand that they reach wage agreements within certain time frames. The Government acknowledges that 58 workers, most of whom were trade union leaders, were dismissed after the strike began, and reports that the Ministry of Labour denounced these dismissals to the courts so that they would be aware of the injustice done to the workers and order their reinstatement. The workers have taken legal action, which is now being handled by the labour courts. Finally, the Government states that the administrative authorities have issued a decision rejecting the enterprise's request for the closing of four large farms (fincas), as the request did not comply with the provisions of the Labour Code.

C. The Committee's conclusions

1. 543. The Committee observes that the allegations refer to anti-trade union dismissals and the closing of workplaces (fincas) as a consequence of a strike, as well as the raiding by security forces of a trade union's premises.
2. 544. As regards the dismissal of a large number of trade union leaders and workers (58) from the Tela Railroad Company, the Committee notes that the Government: (1) states that the Ministry of Labour attempted to find a solution to the disputes; (2) confirms that 58 workers were dismissed following a strike; (3) reports that it denounced these dismissals to the courts so that they would be aware of the "injustice done" and would order the reinstatement of the workers.
3. 545. In this regard, the Committee considers that the evidence demonstrates the anti-trade union character of the dismissals, as they took place immediately after a strike and mainly involved trade union leaders. In this connection, the Committee welcomes the Government's call for the intervention of the judicial authorities to obtain the reinstatement of the dismissed workers in their posts, and presses the firm hope that the court will hand down its ruling in this sense shortly. The Committee requests the Government to keep it informed of the outcome of the judicial proceedings under way and hopes that those concerned will be reinstated.
4. 546. The Committee takes note of the closing of two large farms (fincas) of the Tela Railroad Company. In these circumstances, the Committee requests the Government to take measures to avoid the closure of worksites from being used as an anti-trade union measure.
5. 547. As regards the allegation concerning the raid on 6 October 1994 by members of the security forces of the premises of the Central Federation of Free Trade Unions of Workers of Honduras (FECESITLIH), observing that the Government has not communicated its observations in this respect, the Committee draws its attention to the fact that "the entry by police or military forces into trade union premises without a judicial warrant constitutes a serious and unjustifiable interference in trade union activities" (see 284th Report, Case No. 1642 (Peru), para. 987). In these circumstances, the Committee requests the Government to communicate its observations in this respect as rapidly as possible so that it can come to a conclusion with full knowledge of the case.