Definitive Report - Report No 324, March 2001

Case No 2063 (Paraguay) - Complaint date: 10-DEC-99 - Closed

Allegations: Dismissal of union leaders and other acts of discrimination against the union

1. 803. The complaint is contained in a communication from the Workers' Union of the National Radio of Paraguay (SINFURANP) dated 10 December 1999. The Government sent its observations in a communication dated 13 October 2000.
2. 804. Paraguay has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 805. In its communication of 10 December 1999, the Workers' Union of the National Radio of Paraguay (SINFURANP) states that ever since the union was created, the authorities of the institution have refused to recognize the union and enter into dialogue with it and have carried out a series of harassment actions against its members. Specifically, the complainant organization states that in this context: (1) the Secretary-General of the union, Mr. Juan Carlos Castro, and his deputy, Mr. Walter Gómez were dismissed under a resolution made on 1 October 1999; (2) union members, Messrs. Nunila Genes, Miguel Soloaga, Carlos Rubén Ojeda, Felipe Rosana Morales and Lido Morales were transferred; and (3) the freedom of expression of union members was restricted as a number of members were forbidden to carry out their duties as radio announcers.
2. 806. In its communication of 11 January 2000, the complainant organization states that following a strike to protest against dismissals, time cards were seized and the salaries for October, November and December 1999, and the Christmas bonus were not paid to those workers that took part in the strike.
   • The Government's reply
3. 807. In its communication dated 13 October 2000, the Government states that as regards the alleged dismissal in October 1999 of the Secretary-General of the Workers' Union of the National Radio of Paraguay, Mr. Juan Carlos Castro, and his deputy, Mr. Walter Gómez, as well as the transfer of a number of union members by signed agreement in January 2000, it proposed: (1) the definitive reintegration to their previous positions and with the same conditions, of those union leaders dismissed; and (2) the reinstatement to their positions of those union members transferred (the Government attaches a copy of these documents).
4. 808. The Government adds in relation to the other alleged incidents that: (1) union members' freedom of expression was not restricted as union members had not been forbidden to carry out their duties as radio announcers; (2) at no time were the time cards seized from the workers; (3) the salaries for October, November and December 1999, and the Christmas bonus were paid in January 2000; the delay in payment was due to budgetary problems and not to anti-union reasons.
5. 809. Finally, the Government states that in order to find a peaceful solution to this case it intervened in the National Radio and named a new director. Currently, management of the National Radio of Paraguay has friendly and excellent relations with all workers at the institution and applies an open policy of permanent dialogue.

C. The Committee's conclusions

1. 810. The Committee observes that according to the complainant organization the Secretary-General and his deputy were dismissed, a number of union members of the National Radio of Paraguay were transferred in October 1999, and other anti-union acts, such as forbidding union members to carry out their duties as radio announcers, seizing time cards and non-payment of salaries for October, November and December 1999, as well as the Christmas bonus, to workers who participated in a strike in support for those dismissed, were carried out.
2. 811. In this respect, the Committee notes the information provided by the Government that: (1) under an agreement concluded in January 2000 (a copy of which is annexed to the Government's reply), union leaders who had been dismissed were finally reinstated to their former positions and union members who had been transferred were returned to their posts; (2) the non-payment of salaries for October, November and December 1999, and the Christmas bonus, was due to budgetary problems and not to anti-union discrimination, and those salaries were finally paid in January 2000; (3) at no time were union members forbidden to carry out their duties as radio announcers, nor were the time cards of workers who took part in a strike, in support of those who had been dismissed, seized; and (4) in order to find a peaceful solution to the conflict a new director was named for the National Radio and currently there is a friendly and excellent relationship between management and workers at that institution.
3. 812. The Committee nevertheless observes that in this case the National Radio of Paraguay carried out dismissals and anti-union transferrals as is confirmed in the agreement of January 2000 concluded between the parties, which the Government annexed to its reply, wherein it is expressly agreed that union persecution will cease. The Committee notes these facts with regret and recalls in this respect the principle that "no person should be dismissed or prejudiced in his or her employment by reason of trade union membership or legitimate trade union activities, and it is important to forbid and penalize in practice all acts of anti-union discrimination in respect of employment" [see Digest of decisions and principles of the Freedom of Association Committee, 1996, para. 696]. However, the Committee welcomes the fact that the parties arrived at an agreement which allowed the conflict to be satisfactorily resolved. The Committee therefore considers that this case requires no further action.

The Committee's recommendations

1. 813. In the light of its foregoing conclusions, the Committee invites the Governing Body to decide that this case does not call for further examination.