Interim Report - Report No 151, November 1975

Case No 807 (United States of America) - Complaint date: 28-NOV-74 - Closed

1. 179. The complaint from the World Confederation of Labour (WCL) was contained in a communication dated 28 November 1974. The Government submitted its observations by letters of 2 January and 14 February 1975.
2. 180. The United States of America has not ratified the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 181. The WCL states in its communication that José Luis Figueroa, Vice-President of the Brotherhood of Workers of Puerto Rico was assassinated in truly atrocious circumstances on 19 November 1974. He was at the head of a group of workers striking in support of their claims. In order to disrupt and stop the strike, the owners of the works concerned and the government used special squads of armed men, one of whom killed the trade union leader.
2. 182. Along with its reply the Government communicated a copy of the documents relating to the case and the reports of the assistant district attorney responsible for the case and of the acting secretary of justice in Puerto Rico. These reports state, in particular, that there were differences of views between two unions representing different categories of workers in a plant. One of these unions, to which Mr. Figueroa belonged, had initiated a strike and placed pickets in front of the entrance to the undertaking. According to the reports, it was at this place that the victim was killed by a shot fired by the brother of a member of the other union. It is also stated in the reports that the three policemen on the spot endeavoured to prevent confrontations between the members of the two unions and helped in the inquiry into the death of Mr. Figueroa.
3. 183. The Government states that in the light of the investigation carried out by the assistant district attorney of the district of Guayama, Mr. Figueroa was not killed by any government official or agent of the owners of the works concerned, but by a certain Ismael Alvarado Cintrón (a non-union employee of one of the undertakings). The latter was charged with murder and offences under the weapons law and released upon payment of $9,500 bail. According to the documents communicated, the lower court decided that there were insufficient grounds for an indictment of murder and the prosecutor demanded a new investigation of the case by the Superior Court in Puerto Rico. The latter was due to hear the case on 27 February 1975.

184. The Committee notes the detailed information submitted by the Government on the death of this trade union leader. This shows, in particular, that a new investigation of the case has been undertaken by the Superior Court in Puerto Rico. In these circumstances, the Committee recommends the Governing Body to request the Government to transmit information on the subsequent action taken in the legal proceedings undertaken as well as a copy of the judgment rendered.