changing the qualification that is given and in which case a ruling shall be made about whether or not the
requirements set forth in Articles 241 and 246 have been met. 4
A. The alleged victims
34. The IACHR recalls that, in its Admissibility Report 78/03, it declared that the petition was admissible with
respect to 94 persons. The IACHR shall conduct its review of said universe of victims and attaches to the present
report the list of persons that it deems are victims on the basis of the following analysis.
B. Proceedings initiated by the alleged victims
1. Background
35. According to available information, on August 17, 1992, the Judiciary Workers Union entered into a twoyear collective working conditions agreement with the Judiciary. 5
36. On October 18, 1994, the Union denounced this agreement at the General Labor Inspectorate for the
purpose of starting negotiations directly in order to sign a new agreement. On November 21, 1995, it filed a
social and economic dispute with the First Chamber of the Labor and Social Welfare Appeals Court. On
November 28, 1995, the First Chamber of the Appeals Court ruled that direct remedies had been exhausted. 6
37. On December 12, 1995, after failure of the bargaining, a Conciliation Court was established, consisting of
three judges of the First Chamber of the Labor and Social Welfare Court, a delegate from the workers, and a
delegate from the employers. 7 On February 14, 1996, said court issued a series of recommendations relative to
the draft collective agreement. 8 Finally, on February 15, 1996, the Court terminated the conciliation process. 9
38. As indicated by the petitioners, on February 16, 1996, they submitted a brief to the First Chamber of the
Appeals Court requesting it to order the General Inspectorate to determine, by counting, whether the workers
who entered into the labor dispute accounted for at least two thirds of the Judiciary and as a result to declare
the strike’s lawfulness as required by the Labor Code. 10
39. On the same day, the First Chamber of the Labor and Social Welfare Appeals Court ruled that the motion
was admissible and ordered the General Labor Inspectorate “to order its staff of Labor Inspectors to count the
number of Judiciary employees who support the action and those who do not in all the courts of Republic and
all the administrative services and agencies of all kinds and ranks making up the Judiciary.” 11
40. On February 19, 1996, the Judiciary filed a motion for annulment because of violation of the law against
the rulings that declared that counting was admissible in order to achieve a lawful strike. 12 On February 20,
1996, the Judiciary submitted a new brief requesting that the harm that a strike by the Judiciary Workers Union
would bring to Guatemala must be taken into account. 13
Labor Code, Decree 1441 of the Congress of the Republic of Guatemala.
Annex 1. Collective Working Conditions Agreement signed by the Judiciary and the Judiciary Workers Union on August 17, 1992. Annex
1 to the brief of October 12, 2007 from the petitioners.
6 Brief from the petitioners of November 28 ,2000.
7 Annex 2. Rulings of the Conciliation Court of December 12, 1995. Annex 4 to the admissibility brief of October 12, 2007 from the
petitioners.
8 Annex 3. Recommendations of the Conciliation Court of February 14, 1996. Annex 5 to the admissibility brief of October 12, 2007 from
the petitioners.
9 Annex 3. Recommendations of the Conciliation Court of February 14, 1996. Annex 5 to the admissibility brief of October 12, 2007 from
the petitioners.
10 Annex 4. February 16, 1996 Ruling of the First Chamber of the Labor and Social Welfare Appeals Court. Annex to the brief of February
10, 2005 from the petitioners.
11 Annex 4. February 16, 1996 Ruling of the First Chamber of the Labor and Social Welfare Appeals Court. Annex 1 to the brief of February
10, 2005 from the petitioners.
12 Annex 5. Background to the strike. Annex 10 to the brief of March 10, 2008 from the petitioners.
13 Annex 5. Background to the strike. Annex 10 to the brief of March 10, 2008 from the petitioners.
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