The SME and the substitute boss

National
The barbarism of the federal administration
The SME and the substitute boss
By: Carlos Damián August 24, 2010
Leader of the electricians union of LFC requests support to the APPO
México.- In this place almost always goes the light and threats to the CFE of the fact that you go them to demand in PROFECO by the high and decreases of the voltage delivering them communiqués and until today continues equal. Nothing else you see as a downpour it comes to City, and you wait electricity court, waiting you as six hours and sometimes the court cleavers do not remain well and alone remains with a light failing in your house.

In the third liquidation stage for the workers of the extinct Light and Force of the Center (LFC) have accepted their quittance paid under the figure of “voluntary retire", hardly 466 personnel, of almost 17 thousand that stay in resistance. Of an original payroll of 44 thousand have collected until the moment this modality of "dismissal” 28 thousand 947 persons, this is, about 63 percent of the total of workers of the extinct by presidential decree of the 11 of October, 2010.

In so much there is but of 30 thousand demands for dismissed unjustified that are alleviated in the Federal Board of Conciliation and Arbitration (JFCA); in this group are found liquidated and not liquidated, though until the moment have not been celebrated the hearings to solve the fund of these barbarism which demands were promoted by the Mexican Electricians Union (EMS), as well as by various dispatches and attorneys in particular.

It meanwhile elapses the dialogue table of the SME with the federal government is analyzed in the general address of Associations Record, dependent of the Work Secretariat (ST), “Toma de nota” - official recognition of the government - of Martín Esparza and the others 25 directing that integrate the central committee of the union. The secretary of the foreign of the SME, Fernando Amezcua summoned to the social movement to support to their union, requesting the Popular Assembly of the Peoples of Oaxaca (APPO) be adhered to the mobilization, "to re-establish our occupational rights".

The substitute boss and the federal barbarism
After that was celebrated the agreement between the new executive of the governance secretary (SG) and the SME, by virtue of which the electricians lifted their hunger strike in the Zocalo of the Mexico City, the hitter – Javier Lozano - of the ST went making what is only that knows to make: a kid with boast and to simulate that he decides it all what has to do with the conflict. In the negotiations, in those which only it is a testimonial inquisitive, according to its words, will be analyzed “to reinsert to thousands of workers that they did not collect their liquidation and of an occupational plan that it does not imply collective contracting neither employer substitution". Nothing of substitute boss, it is his current motto.

Neither so that be occupied of likeness bigmouth that he knows to utter threats only. He would have to know that the matter of the substitute boss still it is in litigation, though the working electricians little can wait of a JFCA so striking and so unjust with their prosecuting. Already it has been seen until the satiety that "to extinguish" an organization decentralized as LFC through a presidential decree was infringing of the Mexican Political Constitution (CPM) that has that that act corresponds only to the Congress of the Union, since it must be had through a law Legislative and through a decree of the Executive. The Court (SCJN), with wretchedness dismissed such allegation.

In short is that all the matter has been handled as if is tried to a private company and not a state entity, without attending to the reality that it is being deciding about properties that belong to the nation and not to private company. In fact here it can be seen with all clarity that there is no not even need of appealing to the substitute boss figure, since is tried only, in the case of the substituted as well as in the substitute, of entities that have to do with a service whose properties are of the nation. In any event there would be a decentralized organizations substitution. But that is an aspect of the problem only.

The principal aspect is that is violated the CPM in its article 123, that institutes the system of relationship worker-employers upon annulling arbitrarily, and uses for this of a any way you look at it unconstitutional decree of extinction of a property company of the federation, the collective work contract of the electricians, protected by 123. It was an act of real barbarism to annul the rights of 44 thousand working protected by their collective work contract, that at the same time, it is protected by the federal law and the CPM, by middle of the decree as if is tried to an individual relationship to work and could be thrown to the street with just to pay to the working. It is considered a case of so flagrant injustice that the society should not let go by, and when there is opportunity to punish exemplify the authors of this attempt the human rights. (La Jornada, politica, p. 14, August 8, 2010).