Rapport définitif - Rapport No. 294, Juin 1994

1. 78. The complaint in this case is contained in a communication from the Confederation of Educational Workers of the Argentine Republic (CTERA) dated 25 November 1993. The Government sent its observations in a communication dated 26 April 1994.
2. 79. Argentina has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 80. In its communication of 25 November 1993, the Confederation of Educational Workers of the Argentine Republic (CTERA) alleges that on 5 November 1993 the Ministry of Labour and Social Security decided to cancel elections which had been called by the Union of Educational Workers (UTE) and scheduled to be held that same day. It adds that the Ministry of Labour decided to declare the notice of the elections null and void, and to require that new elections be called, on the grounds that a number of trade union members who were not candidates in the election had objected to the use of "mobile" ballot boxes (i.e. ballot boxes which would be shifted from one site to another) at 17 of the 57 polling places.
2. 81. The complainant organization points out that even if one grants that the authorities were entitled to rule on the practice of "mobile" ballot boxes, the penalty is disproportionate, since by declaring the call for elections null and void, a new notice of elections must be issued, and the elections will consequently be delayed by a minimum of three months.

B. The Government's reply

1. 82. In its communication of 26 April 1994, the Government states that in view of a challenge by a fraction of the trade union organization (and not only by members who are not candidates in the election), the National Office of Trade Union Associations declared the elections in question null and void, considering them in violation of applicable regulations (the Government attaches the resolution to its reply). Moreover, the Government states that the executive committee appealed the decision and subsequently withdrew its appeal, accepting the decision by the competent authorities. Lastly, the Government states that the complainant organization has already held new elections.

C. The Committee's conclusions

1. 83. The Committee notes that the allegations refer to the cancellation of elections concerning the Union of Educational Workers (UTE) by the National Office of Trade Union Associations.
2. 84. The Committee notes the Government's observations according to which:
3. (1) the measures taken by the Ministry were due to a challenge by a fraction of the trade union organization which alleged, among other things, that the practice of shifting ballot boxes is not provided for under the organization's by-laws;
4. (2) the National Office of Trade Union Associations declared the elections in question null and void, considering them to violate applicable regulations; and
5. (3) the UTE executive committee appealed the decision and subsequently withdrew its appeal.
6. 85. In these circumstances, noting that the Ministry of Labour intervened at the request of a fraction of the complainant organization and that new elections were subsequently held, which have not been challenged, the Committee, while recalling that it is not authorized to render decisions on conflicts between trade union fractions within the same organization, considers that this case does not call for further examination.