Definitive Report - Report No 254, March 1988

Case No 1427 (Brazil) - Complaint date: 15-OCT-87 - Closed

1. 228. The complaint is contained in a communication of the World Confederation of Organisations of the Teaching Profession (WCOTP) dated 15 October 1987. The WCOTP sent further information in a communication dated 3 November 1987. The Government sent its observations in a communication dated 25 January 1988.
2. 229. Brazil has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 230. The WCOTP alleges in its communication of 15 October 1987 that 50 lecturers have been dismissed from the University of Santa Ursula in Rio de Janeiro. While some of these lecturers were allegedly dismissed for administrative reasons, in other cases the dismissals were quite obviously on political (trade union) grounds, since they concerned lecturers who were organising a strike. One of the persons dismissed was the first Vice-President of the National Association of Higher Education Teachers (ANDES), Professor Sydney Solis, head of the local branch of ANDES at the University. He was subsequently reinstated by decision of a local court which ruled that his dismissal was an infringement of the trade union legislation.
2. 231. In its communication of 3 November 1987, the WCOTP cites the following lecturers as having been dismissed on political grounds: Francisco Caminha, Teresa Martins, Ernesto Paganelli, Gil Goes, Fabio Lemos, Jandira Barreto, Ari Barreto, Mario Rocha and Luis Edmundo (reinstated by order of a local court).

B. The Government's reply

1. 232. The Government states in its communication of 25 January 1988 that, at the request of the trade union operating in the University of Santa Ursula, a round table was held on 6 June 1987 at which the trade union protested against the non-payment of certain wage benefits provided for in the collective agreement applying to the University. This was confirmed by the University itself, which stated that its financial situation was such that it was quite incapable of meeting the said payments but undertook to look into the demands of the professional category concerned. Although the University is still experiencing financial difficulties, the payment of salaries including increments is currently up to date, though the lecturers' pay is still slightly in arrears.
2. 233. The Government adds that the dismissals were the outcome of this situation and affected about 50 auxiliary members of the administrative staff. The Government notes further that since June 1987 the Regional Labour Delegation has not received any request to take action and that a permanent dialogue continues to exist between the trade union and the University.

C. The Committee's conclusions

1. 234. The Committee notes that the versions of the alleged dismissals given by the complainant and by the Government differ. The complainant organisation maintains that ten of the lecturers at the University of Santa Ursula were dismissed not for administrative reasons, as claimed, but on politico-trade union grounds, and specifically because they were organising a strike; two of them were subsequently reinstated. According to the Government, the dismissals, which affected some 50 people, were the result of the University's financial difficulties.
2. 235. Given the differing versions of the complainant and of the Government, the Committee wishes to recall the principle laid down in the Workers' Representatives Recommendation, 1971 (No. 143), regarding the protection of workers' representatives and the facilities to be afforded to them, namely that the specific protective measures might include "recognition of a priority to be given to workers' representatives with regard to their retention in employment in case of reduction of the workforce". In this connection, the Committee observes that the only dismissed lecturer whom the complainant specifically describes as a trade union leader (Sydney Solis) was reinstated by court decision.
3. 236. In these circumstances, and in the absence of any more detailed information regarding either the complainant's allegation or the Government's response, the Committee can only express the wish that the continuing dialogue between the ANDES trade union and the University of Santa Ursula will lead to the reinstatement of the workers dismissed for their trade union activities.

The Committee's recommendations

1. 237. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • The Committee requests the Government to take steps so that the continuing dialogue between the ANDES trade union and the University of Santa Ursula will lead to the reinstatement of the workers dismissed for their trade union activities.