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Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 61. The Committee last examined this case, which concerns allegations of
various anti-union acts against officers and members of the Union of Professionals and
Technicians of the National Institute of Technology, Standardization and Metrology (INTN
Sindical), at its meeting in June 2017 [see 382nd Report, paras 467–483]. On that
occasion, the Committee invited the complainant organization, if it so wished, to
provide the competent authorities with additional detailed information at its disposal
to enable them to investigate any remaining allegations of anti-union discrimination
and, if found to have been made, to impose appropriate sanctions and compensatory
measures, and requested the Government and the complainant organization to keep it
informed in this respect, as well as on the outcome of the appeal lodged by Mr Mario
Leiva. The Committee also encouraged the Government to promote collective bargaining so
that in the near future a collective agreement could be concluded with the
Institute.
- 62. With regard to the outcome of the appeal lodged by Mr Mario Leiva,
the Government, by a communication dated 1 March 2018, stated that Mr Mario Leiva was
reinstated by Resolution INTN No. 908/2016, dated 28 September 2016, and by Agreement
and Ruling No. 409 dated 25 October 2016, issued by the Second Chamber of the Court of
Auditors, as an official of the INTN and that, at the time of preparation of the
aforementioned communication, he was performing his duties as a permanent official of
the INTN.
- 63. With regard to the promotion of collective bargaining within the
INTN, the Government stated that the Directorate General of Labour had found that,
according to the documents in the Trade Union Registration Department, the following
INTN trade unions were registered, namely: (i) the INTN trade union, with trade union
status granted on 20 March 2009; (ii) the Union of Officials of the National Institute
of Technology and Standardization (SIFUINTN), with trade union status granted on 2
September 2005; (iii) the Sindicato de Trabajadores Públicos del INTN (SITRAPUINTN),
with trade union status granted on 13 August 1992; and (iv) the workers organization,
Union of Workers of the National Institute of Technology and Standardization (FINTNSI),
with trade union status granted on 18 August 1996. Furthermore, the Government reported
the existence of a collective agreement on working conditions between the INTN and the
SIFUINTN trade union, approved and registered on 22 September 2006, from which strict
respect for freedom of association can be inferred.
- 64. The Committee takes note of the detailed information provided by the
Government concerning the reinstatement of Mr Mario Leiva. The Committee also takes note
of the information provided by the Government concerning the existence of a collective
agreement on working conditions signed between the INTN and SIFUINTN, approved on 22
September 2006, this union being one of the four registered with the Ministry of Labour,
Employment and Social Security (MTESS) and having trade union status. On the basis of
the above and having received no further information in this respect from the
complainant organization, the Committee, while encouraging the Government to take all
necessary measures to promote the use of collective bargaining within the INTN,
considers this case closed and will not pursue with further examination.