Effect given to the recommendations of the committee and the Governing Body - Report No 335, November 2004

Case No 2256 (Argentina) - Complaint date: 31-MAR-03 - Closed

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

1. 20. The Committee last examined this case at its June 2004 meeting [see 334th Report, paras. 147-165]. On that occasion, on examining allegations regarding the failure of the Directorate General of Schools (DGE) of the province of Mendoza to appoint its representatives to continue to negotiate a collective agreement for the sector with the United Union of Education Workers of Mendoza (SUTE), the Committee recalled that Article 4 of Convention No. 98 provides that measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of collective agreements. Consequently, the Committee requested the Government to take measures to this effect and to keep it informed on the outcome of the negotiation of the collective agreement in question. Moreover, the Committee requested the Government to keep it informed of the final decision handed down by the judicial authority with respect to the participation by a new trade union organization, the Union of Argentine Teachers (UDA), in the renegotiation of joint accord No. 1 of 1999 concluded between the SUTE and the DGE.
2. 21. In a communication dated 26 August 2004, the Government states that, in the case of the action for the protection of constitutional rights presented by the SUTE against the DGE, the Supreme Court of Justice of the province of Mendoza rejected the claim made by the SUTE through its decision of October 2003, thus confirming the decision of the Civil Court of Appeal, and alongside it the suspension of the call for the election of the Assessment and Disciplinary Boards (this would involve the participation of the UDA organization in negotiations). The Government adds that, regarding the procedure followed in order to agree on collective bargaining for the sector, the intention of the provincial government to convene negotiations on a collective labour agreement for the public sector was confirmed in Law No. 7183. This was implemented through Decree No. 955/04, article 2 of which states “The collective bargaining process for workers of the Public Administration shall be convened…”. In article 1 of resolution No. 170-G/04, the Public Administration Ministry “invites the parties to begin the collective bargaining process related to Provincial Public Administration in the Education Sector”. The Government adds that the DGE has already begun internal administrative procedures in order to proceed to the appointment of the public employees who will represent the DGE during the collective bargaining process convened in Decree No. 955/04.
3. 22. The Committee takes note of this information. The Committee expresses the hope that, following the start of the administrative procedures as reported by the Government, a collective agreement will be concluded for the sector. The Committee requests the Government to keep it informed in this respect.