It was finally ratified on appeal the sentence that gives reason to Unión Informática and through which IBM Argentina was sentenced to immediately recognize the union as a true representative of its IBMers affiliated to the guild. This brings to an end a long and extensive legal action against the big blue that tried to prevent the unionization of its employees from the very beginning of its activities in the country. Justice fails again in favor of the young computer labor union —funded in 2010—, in a ruling that has enormous repercussions and impact not only in IBM but throughout the local IT industry.
On July 31, in the city of Buenos Aires, the National Labor Court of Appeals issued a final judgment in the case of “Unión Informática against IBM Argentina”, confirming the judgment of the first instance.
Back in may, a Labor Court sentenced IBM Argentina to recognize the affiliation of its employees in the Union, as indicated by Argentine law. Now IBM must obey this court rulling retaining contributions in the paycheck of union-asociated members working in the company.
A huge step forward, no only for IBM employees, but for IT workers in Argentina.
Thus, the ruling Justice validates that justifies the union, and finally forces the company to recognize the union as representative of young employees.
The court had already failed in the first instance in the case of Unión Informática against IBM Argentina in May in favor of the Union. IBM appealed the ruling but the National Labor Appeals Chamber rejected The Corporation’s arguments, and upheld the first ruling. Thus the sentence was fixed: IBM ARGENTINA MUST RECOGNIZE THE LABOR UNION.
IBM must now act as a retention agent, thus recognizing the effective affiliation of employees organized in the Unión Informática.
This recognition was blatantly denied by the company to its affiliate staff. Since the very outset of IBM in the country, the company held a anti-union policy at all costs, in order to stop the unionizing of the IT industry.
No matter how hard The Corporation tried to break the unionization of its ibmers, the first IT workers union in Argentina, grew up and organize within the IBM facilities back in 2010.
Whether through mass mailing and «confidential» to its employees or through its managers, IBM always tried to impose the idea that the Information Technology Union was «illegal» because it had no union registration to the Argentinian Labor Ministry (Department of Labor).
After years of legal and union-based struggle, Unión Informática finally got the signing by the Ministry of Labor in 2013 of the “legal” union status. The Corporation, though, sought new arguments, equally unfounded to try to stop the unionizing of it’s staff.
However, all the arguments fell into disreputable disrepute, and neither were sufficient for affiliates across the country.
The Justice through this ruling and its subsequent ratification by the Chamber of Appeals stripped the lies of IBM Argentina. It gave the reason to the Unión Informática.
What does the sentence say?
No more lies.
Three months ago (may, 2017) Justice had already been issued on whether or not IBM Argentina should act as a retention agent with respect to the contributions of employees affiliated to the Union. Judge Laura Papo of the National Court of First Instance No. 10 was clear in its definition.
IBM, however, appealed the ruling. In less than a month, the appeal was rejected outright by the National Chamber of Labor Appeals with the signing of judges Miguel Angel Maza and Graciela A. Gonzalez and provides that the condition of retention agents in order to collect the membership fee. This is applicable to both registered and unregistered guilds, undoing IBM’s strategy of denying union membership to unfounded legal obstacles.
All the excuses that IBM wielded for years fell in one fell swoop.
The demand of the guild was presented and sponsored by Dr. Hugo Moyano (h) in another of his outstanding judicial works. This will end up benefiting and setting a precedent for all Argentine IT workers.
Contact Unión Informática
For more information about this case or the Union, you can adress Unión Informática (both in english and spanish) sending an e-mail to: