INTERNATIONAL LABOUR ORGANIZATION "ILO" CASE 2362
The report337, JUNE 2005, the ILO says
769. As regards the allegations concerning the refusal of SA AEROREPUBLICA to bargain collectively and the dismissal of union leaders and penalties for exercising their rights, the Committee regrets that the Government has not sent its comments and asked to perform an impartial investigation and to send its observations without delay.
Committee's recommendations
i) as regards the allegations concerning the refusal of AEROREPUBLICA SA to bargain collectively and the dismissal of union leaders and penalties for exercising their rights, the Committee requests the Government to conduct an impartial investigation and submit its observations without delay. 337 REPORT
http://white.oit.org.pe/sindi/casos/col/col200507.html
The report
NOVEMBER 2006 343 ILO says
Company
AEROREPUBLICA SA 555. With respect to subparagraph i) of the recommendations relating to the allegations concerning the refusal of SA AEROREPUBLICA to bargain collectively and the dismissal and sanctions against trade union leaders for exercising their rights, the Committee notes that, according to the Government, the company says it has met the requirements for carrying out the various negotiations, and that the final negotiations culminated with the award of the arbitration tribunal convened by the parties with the Ministry of Social Protection, dated February 9, 2005, ratified by the Labor Cassation of the Supreme Court of Justice.
556. Regarding the dismissal and punishment of union leaders for exercising their rights, the Committee notes that, according to the Government, the company says it has complied with the rulings handed down by the various judicial and administrative. The Committee notes that in the case of Captain David Restrepo Montoya, whose employment ended unilaterally by AEROREPUBLICA SA, the Department of Antioquia Territorial ordered that the appeal brought by the worker by order of April 28, 2004, considering that the company acted in accordance with labor laws. As for masters and Andrés Patiño Jaime Luna, the company states that their employment contracts terminated unilaterally by AEROREPUBLICA SA, which is why they canceled the amount of compensation as provided by law. In regard to Captain Roberto Bautista Ballen, the Committee notes that: 1) the company began working process of lifting immunity of the master to terminate the employment contract with just cause because it refused to renew its license to co Colombia's Civil Aviation, 2) since that date, the company has not been able to use their services, and 3) that the court authorized the removal but the union filed an appeal against that decision. The Committee also notes that, according to the Government, the Territorial Directorate of Ontario, Ministry of Social Protection completed the administrative investigation against the company labor union persecution AEROREPUBLICA SA, uttering Resolution No.. 3923 to October 11, 2004, through which penalizes the company and against that decision, the company filed appeals and appeals that are pending. The Committee requests the Government to report any judicial challenge to the dismissals and to keep informed of the pending legal proceedings.
Committee Recommendations Company
AEROREPUBLICA SA
h) As regards the allegations concerning the refusal of SA AEROREPUBLICA to bargain collectively and the dismissal and sanctions for exercising their trade union leaders rights, the Committee requests the Government to report on any judicial challenge to the dismissals and to keep informed of the pending legal proceedings.
REPORT 343.
http://www.ilo.org/public/spanish/standards/relm/gb/docs/gb297/pdf/gb-10.pdf
The report
350 JUNE 2008 ILO says
B. New allegations.
359. In regard to AEROREPUBLICA SA regarding the allegations concerning the refusal by the company to bargain collectively and the dismissal of union leaders and penalties for exercising their rights, ACDAC notes that the company's refusal to negotiate is shown in the issuance of four awards and the dismissal of the various negotiators, Juan Manuel Vega Leon, Hector Vargas and Robert Ballen. In connection with Mr. Vega León notes that the same was dismissed for a second time, despite trade union enjoy the November 13, 2004. On August 4, 2006 the Circuit Court Ninth Labour ordered the reinstatement with payment of wages but on 30 November, the District Court reversed the ruling, by which was established in February 2007 a writ of protection was denied. An appeal against this decision is pending before the Criminal Chamber of the Supreme Court Justice. As for Mr. Vargas, the lawsuit is pending before the Circuit Court Ninth Labour. ACDAC adds that it dismissed Mr. Gonzalez Arboleda Bonett in full collective bargaining. Answers
Government Response on AEROREPUBLICA
SA 395. As regards the alleged refusal to bargain collectively AEROREPUBLICA SA, the Government refers to the statement by the president of the company according to which SA AEROREPUBLICA has never refused to negotiate lists of demands that have occurred since ACDAC 1998. In this regard, so far, the union has not initiated any complaint with the Ministry of Social Protection in which AEROREPUBLICA raise SA's refusal to negotiate the contract documents submitted petitions. President notes that if the various negotiations failed to reach an agreement on the direct settlement stage was due to the inflexible position of the union. Said that the Ministry of Social Protection arbitration tribunals convened two mandatory as the carriage of passengers an essential public service, shouting at all times, the corresponding award, several of which have been studied by the Supreme Court Justice, Labor Division, the highest judicial body fine-tuned the law.
396. In connection with Mr. Alfonso Pinzón Velásquez, the company states that it began in 2000 a process of trade union, seeking to be reinstated to the position of B727 aircraft pilot, although the company did not operate these aircraft. Finally, the parties signed a settlement agreement to end the process early by a settlement agreement with the competent authority.
397. In connection with Mr. Hector Vargas, the company states that ended his employment contract alleging just cause and that Captain Vargas refused to comply with its obligation to work to present to the training center and training the company, which is a prerequisite for referral to the flight simulator test in the United States so he could upgrade his pilot's license in MD equipment and consequently provide programming that is put to flight. This process is ongoing.
398. As Mr. Eduardo Andres Beltran Jairo Ernesto Luna Patiño, the company states that were required to submit work and approve the half-yearly training flight simulator that takes place in the United States under the supervision of instructors duly accredited to the Colombian Civil Aeronautics, the sine qua non for maintaining their respective authorized pilot's license. These compulsory licenses must be renewed every six months and the company has agreed with the union that if a flight simulator fails the first time get a second chance, if it is not approved, the crew member is available to the company.
As mentioned captains did not approve the two simulators, the company being unable to have their services as pilots for which they were hired, they saw the need to dispense with his services but paying compensation under the arbitration awards which provides an amount greater than the legal.
399. As Mr. Juan Manuel Vega Leon, began a process of immunity AEROREPUBLICA association against SA in which the company was acquitted by decision of 30 November 2006 the Superior Tribunal of Bogota - Labor Board which overturned the lower court ruling handed down by the Labour Ninth Circuit Court of Bogotá and instead acquitted AEROREPUBLICA SA to the request for reinstatement.
400. In regard to Mr. Carlos Andrés Gómez Herrera, the company states that his employment contract was terminated by AEROREPUBLICA SA without just cause and the end of it, Captain Gomez received the amount of compensation that award was for him. The Civil Eighth Circuit Court of Bogotá, he met the tutela on appeal, upheld the acquittal for the company handed down by the Municipal Civil Judge Thirteen Bogotá.
401. As Mr. Gonzalo Andrés Arboleda, his employment contract terminated by mutual agreement, through conciliation meeting with SA
AEROREPUBLICA 402. In relation to the disciplinary sanctions to Mr. Hernán Alvarez, Roberto Ballén Bautista, Felipe Wilches Palomares and July, the company states that arbitration awards devoted a special procedure AEROREPUBLICA SA must follow prior to the imposition of any disciplinary measure. The aforementioned persons committed a very serious act of indiscipline when their uniforms of masters and before starting the scheduled flight, in the city of Medellin in December 2002, addressed to passengers by providing them some flyers controversial aerial security company to which the company implemented the corrective disciplinary action.
403. The company states that Capt. Robert Ballen Baptist is the only crew member AEROREPUBLICA SA which belongs to the board ACDAC, ie is the only trade union that exists in AEROREPUBLICA SA Company notes that within the legal process of empowerment of license commercial co-pilot Captain Aviation Ballén required Civil commercial aircraft to fly the company what tests scheduled for biannual flight simulator in June 2004, but claiming a medical disability, did not attend, which is why the company summoned him again to July 2004 but this time the master ball by unilateral decision was submitted to the simulator test despite having received the corresponding per diems. For this reason the company followed the procedure in arbitration awards and established a process of trade union uprising against the crew member who handles the Labor Sixth Circuit Court of Medellín and is in preliminary stage. By resolution No.. 003 923 of 11 October 2004 SA AEROREPUBLICA sanctioned for violations of the arbitration award, a decision that was partially reversed with resolution no. 002 965 of 17 October 2006. The Government notes that judicial decisions were handed down eventually, most of which were for the gentlemen drivers, as in the case of Captain Robert Ballen. Regarding the pending court decision, the Government states that abide by the rulings handed down by the courts. Detailed information is sent about ongoing trials.
404. In what has to do with the representation made by Captain David Restrepo Montoya to the Labour Inspectorate of the city of Medellin, said officials ordered the closure of the proceedings because it is a claim on an individual basis. Later, Captain David Restrepo Montoya established regular work process.
405. Regarding the process of Julius Caesar Wilches Barrero, the company states that on February 6, 2007, the Labor Eleventh Circuit Court of Bogota, reconciled with the company each and every one of the claims of the demand for $ 57 million pesos.
Committee's conclusions
AEROREPUBLICA
SA 429. Regarding the literal h) of the recommendations on the company's refusal to bargain collectively and sanctions against union leaders for exercising their rights, the Committee notes that the ACDAC notes that the lack of will to negotiate is shown in the fact that have been issued four awards and has been fired to different negotiators, Mr. Vega Leon, Hector Vargas and Roberto Ballen. The Committee notes that the Government refers to the answer given by the president of the company under which it has never refused to negotiate lists of demands, as demonstrated in the absence of any administrative complaint with the Ministry of slope protection in this regard and if there was no agreement was due to the inflexible position of the union during the direct settlement stage. In this regard, the Committee recalls that, while conciliatory or intransigent attitude adopted by a party against the claims of the other is a matter for negotiation between the parties, both employers and trade unions should negotiate in good faith efforts to reach an agreement [see Digest, op. cit., paragraph 938]. In these circumstances, the Committee requests the Government to take all measures within its power to bring the parties to enable them to reach a negotiated settlement of their dispute. The Committee requests the Government to keep informed.
430. As for the sanctions against trade union leaders (the Committee recalls the allegations that several union leaders were subject to dismissal captains Fernández Héctor Vargas, David Restrepo Montoya, Jaime Patino, Andrew Moon and Carlos Andrés Gómez and sanctions against the captains July Wilches Hernan Alvarez, Roberto Felipe Ballen Palomares and to make use of freedom of expression or claim the exercise of their rights) and the latest allegation concerning the dismissal of Mr. Vega Leon, Vargas Ballen, the Committee notes that according to Company:
- in the case of Mr. Hector Vargas, the proceedings are pending;
- in the case of Mr. Moon and Patiño, they did not meet the required training to renew their drivers license so the company should dispense with his services;
- as Mr. Vega Leon was fired and started a process of trade union immunity was denied by the Superior Court of Bogota on November 30, 2006;
- in regard to Mr. Carlos Andrés Gómez, was fired and compensated in accordance with the law. Guardianship filed was denied on appeal,
- in the case of Mr. Restrepo Montoya, he introduced ordinary share is pending.
431. With respect to disciplinary sanctions to Mr. Alvarez, Ballen Ballen Wilches Palomares and the company took disciplinary measures enshrined in awards due to the aforementioned persons committed a very serious offense against the controversial measures passengers enterprise security. Of these, the only union leader was ACDAC Mr. Ballen, who did not attend the sessions of simulator training flight in June and July 2004, reason began a process of lifting the trade union that was denied. The company states that by resolution no. 003 923 of 11 October 2004 the company was sanctioned by breach of the award, a decision that was partially lifted on October 17, 2006. Finally, Mr. Wilches reconciled with the company. The Committee requests the Government to keep it informed of the pending proceedings relating to Mr Montoya Restrepo and Vargas.
Committee Recommendations
h) with respect to sanctions against trade union leaders AEROREPUBLICA SA, the Committee requests the Government to keep it informed of the pending proceedings relating to Mr Montoya Restrepo and Vargas,
i) with respect to the allegations of ACDAC on the company's refusal to bargain collectively AEROREPUBLICA SA and the company's response whereby the lack of agreement is due to the inflexible position of the union, the Committee requests the Government to take all measures within its power to bring the parties to enable them to reach a negotiated settlement of their conflict and keep it informed in this regard
REPORT 350.
http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_094218.pdf
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