The last few days were intense days for Fate workers. Before the hearing at the Ministry of Labor they were repressed by the police. Then they found out that the millionaire Madanes did not deposit the fortnights, although the conflict is in mandatory conciliation so it is an illegal act. However, they continued standing with their families, with whom they endured, and held a festival.
This Monday they had “a good one”: Chamber II of the Criminal Court of Appeals and Guarantees of San Isidro revoked the eviction order from the FATE property, issued on February 18 by the Guarantees Court 4. It is the first setback for the employers, which will surely appeal but it is a ruling that shows that the Fate case has become a hot topic in Argentina.
From the Granate group, which is part of the resistance to the closure, they pointed out that it is a support point to massify the permanence and redouble the fighting measures in the neighborhood and throughout the country in defense of all jobs.
We disseminate the statement that SUTNA published moments ago.
FIRST JUDICIAL SETback WITH HIGH IMPACT ON FATE EMPLOYERS
Chamber II of the Criminal Appeals and Guarantees Chamber of San Isidro revoked the eviction order from the FATE property.
Chamber II unanimously resolved to revoke the launch order issued on February 18 by the Guarantee Court 4. Alejandro Crespo, as general secretary of SUTNA, appealed the launch order arguing that it was a labor dispute, and not a criminal case.
At the time of ruling, the judges ruled that it is “a labor conflict in the framework of which the workers of the company Fate SA have decided to take a route of direct action and enter the factory where they worked in defense of their jobs. The strike, as the purest expression of the claim, is recognized as a right in article 14 bis of the CN and is a means of direct action, of a collective nature, aimed at preserving or conquering the rights or interests of the workers.”
At the same time, they highlighted that “As stated, this is a case in which the reason that would have led to the current situation is the loss of the source of employment of a group of between 900 and 1,000 employees. Beyond what must be resolved on the merits and recognizing that the conflict also involves a possible impact on the right to property, it is also true that the impact of a constitutional right in relation to the workers, who would be ejected from the property, would impose an irreparable burden that justifies entering the treatment of this appeal.”
“It should be noted…that this is a measure derived from his role as a union representative, aimed at defending the source of work, and recognizes the authority that, both at the provincial and national level, intervenes in the resolution of the labor conflict.
As Crespo denounced, the company has failed to comply with an agreement and at the moment we are following “the administrative paths inherent to the labor field. An area that even our Provincial Constitution protects and promotes, since in its article 39 paragraphs 1 and 2 it not only provides for the right to work and union organization, but also promotes “the solution of conflicts through conciliation, and establishing specialized courts to resolve labor conflicts.”
Finally, they considered that “the adoption of a precautionary measure in the area of penalizing the conduct of workers and union representatives when the conciliation and negotiation processes between the parties in conflict have not yet been completed is premature and must be declared as such.”
As a consequence, the Camaristas decided to revoke the decision that ordered the release of the workers from the FATE property.
This high-impact judicial setback on the employers of FATE, the only manufacturer of truck tires in the country, is part of the various judicial and administrative claims that SUTNA has been carrying out, in response to the supposedly unpunished actions of the employers, such as the payment of salaries. In such a workers’ struggle, any progress in favor of the workers must serve to redouble efforts so that the fight for the reopening of the plant and the reincorporation of all workers is definitively achieved.
United and forward!!
SUTNA NATIONAL and SECTIONAL SAN FERNANDO
Source: www.laizquierdadiario.com
