The crossing in case the guild violates the conciliation or not could be settled in court – 07/30/2018

Roberto Baradel, head of the SUTEBA education union in Buenos Aires, said this morning that the decision to join the strike called for by CTERA (national union) did not involve a violation of compulsory conciliation dictated by the Ministry of Labor of the Province of Buenos Aires because, precisely, it was a national union that met and on which no action was taken.

On this position, labor lawyer Esteban Carcavallo, president of the Labor Law Commission of the Buenos Aires City Bar, opined that Baradel's position "is incoherent" and that it is not the case. is "a Chicana" for not complying with the mandatory conciliation.

"The Provincial Ministry of Labor has jurisdiction to intervene in this conflict, as it intervenes every year.Although Ctera has a national legal status, the guild and the field of action of Baradel is the Province, and that who has authority is the Ministry of Labor of the Province of Buenos Aires, "added the lawyer in dialogue with Clarín

"It is a Chicana – continued – to be able to withdraw from compulsory conciliation and conduct the action without having the consequences for his union for having adopted or followed the measure of force, ignoring conciliation ". In addition, says Carcavallo, it may be a strategy to try to avoid the sanctions that may be applied, such as suspension or removal of union status or a fine, such as the one announced by the Buenos Aires government for 600 million pesos.

For his part, labor lawyer Leon Piasek felt that this type of fines "constitute an abuse in the exercise of the right" and that this undermines the "right to strike" of the workers. Given these considerations, the lawyer found that in this case, Baradel "has the opportunity to challenge" the sanction because "the union adheres to a decision or measure of force issued by the Factory to which they are attached. No basic union can oppose a decision made by a second-level entity, such as this, as this would violate Ctera's status.

Piasek also questioned that in this case the Province acts as judge and party to the To be, on the one hand one of the parties who discusses the articulation, and on the other hand, who dictates the obligatory conciliation. "There should be an impartial body for workers' conflicts with the state," he told Clarin.

The two lawyers agree that this discussion will lead to justice, which will ultimately define who would violate SUTEBA. or not the conciliation dictated by the provincial Ministry of Labor.

In 2017, the government of Maria Eugenia Vidal had already ordered a fine for the teachers' unions. However, in this type of sanctions, a procedure must be respected. First of all, the notification to the guilds, who have the opportunity to make a discharge, is completed. And in the case of last year, the matter remains settled and awaits an opinion from the Department of Labor of the Nation.