Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 376, Octobre 2015

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

1. 14. The Committee last examined this case at its June 2013 meeting, when it made the following recommendation [see 368th Report, para. 15]:
   • The Committee requests the Government to send its response concerning the additional information provided by the Association of State Workers (ATE) and, in particular, to keep it informed about the result of the appeals relating to the lifting of the trade union immunity of two ATE trade union officials (Mr Máximo Parpagnoli and Mr Pastor Mora). Furthermore, the Committee requests the Government to keep it informed about the status of the five other trade union delegates who had also allegedly been the object of legal action to lift their trade union immunity.
2. 15. Furthermore, in its report of March 2012, the Committee requested the Government to take the necessary steps to ensure that the ATE is not excluded from bargaining on the conditions of employment of workers of the Teatro Colón autonomous body [see 363rd Report, para. 312].
3. 16. In its communications of October 2013 and May 2014, the Government sends the replies transmitted by the Office of the Undersecretary of Labour of the Autonomous City of Buenos Aires and by the Directorate-General for Labour Relations of the Ministry of Modernization of the Autonomous City of Buenos Aires, indicating that: (1) as regards union official Mr Máximo Parpagnoli, in a decision dated 22 August 2013, Chamber I of the Labour Court of Appeals overturned a ruling of the court of first instance, dismissing the application for the lifting of his trade union immunity; and (2) as regards the union official Mr Jorge Mora Pastor, in a decision dated 22 March 2013, Chamber X of the Labour Court of Appeals ratified the ruling of the court of first instance which upheld the application for the lifting of his trade union immunity; the Government adds that a ruling issued by that same court on 12 August 2013, dismissed the extraordinary federal appeal filed by Mr Jorge Mora Pastor against the aforementioned ruling. In response, the defendant filed an appeal before the Supreme Court of Justice, which is still pending.
4. 17. As regards the status of the other five union officials, who had been the subject of legal action to lift their trade union immunity, the Government indicates the following:
   • – as regards the official Ms Susana Inés Benítez, the Government of the Autonomous City of Buenos Aires (GCBA) filed an application to lift her trade union immunity, which is being heard by Labour Court of First Instance No. 22 of the Federal Capital, and is currently at the evidence stage;
   • – as regards the official Mr Carlos Saúl de Jesús Flores, who is the subject of an application for the lifting of his trade union immunity that is being heard by Labour Court No. 68 of the ordinary courts of the Federal Capital, on 20 March 2014 a ruling was handed down that has not to date been notified;
   • – as regards the official Mr Oscar Ricardo Ochoa, who is the subject of an application for the lifting of his trade union immunity that is being heard by Labour Court of First Instance No. 14 of the ordinary courts of the Federal Capital, on 28 March 2013 a ruling was handed down dismissing the application to lift his trade union immunity; as a result, the GCBA filed an appeal against this ruling, but this was dismissed. An extraordinary appeal was filed and rejected. A complaint filed before the Supreme Court of Justice is still pending;
   • – as regards the official Dr Silvia Patricia Pérez, who is the subject of an application for the lifting of her trade union immunity that is being heard by Labour Court of First Instance No. 49 of the ordinary courts of the Federal Capital, on 14 February 2012, the request was declared not applicable given that the defendant was deceased;
   • – as regards the official Mr José Esteban Piazza, who is the subject of an application for the lifting of his trade union immunity that is being heard by Labour Court of First Instance No. 76 of the ordinary courts of the Federal Capital, on 27 September 2012 a ruling was handed down dismissing the application to lift his trade union immunity; an appeal was brought against the ruling, which upheld the ruling handed down at first instance. On 12 November 2013 a complaint was filed before the Supreme Court of Justice, which was dismissed on 20 February 2014. An appeal has been filed and is currently still pending resolution.
5. 18. The Committee notes this information and requests the Government to keep it informed of the final rulings handed down in relation to the cases concerning the lifting of the trade union immunity of ATE members Mr Jorge Mora Pastor, Ms Susana Inés Benítez, Mr Carlos Saúl de Jesús Flores, Mr Oscar Ricardo Ochoa and Mr José Esteban Piazza.
6. 19. As regards the allegations of the ATE concerning its exclusion from the collective bargaining process in the Teatro Colón autonomous body, the Committee notes that the Government highlights that the workers of said theatre are covered under the collective labour agreement signed by the GCBA and the ATE in 2010, and by the succeeding wage agreements signed by these same parties.
7. 20. Taking into consideration that the collective agreement referred to by the Government was signed in 2010 and that, in its previous communications, the ATE had referred to non-compliance with court rulings handed down in 2012, which provided that the Government of the City of Buenos Aires should continue to bargain collectively in the Teatro Colón and that the ATE should be involved, the Committee encourages the Government to take increased measures, with ATE involvement, to promote collective bargaining in the Teatro Colón and to keep it informed of any new collective agreements concluded.