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morning, approximately, and others returned later. Their return to work was done
gradually. Nearly at noon, INTEL was working again at its normal pace. He did not
learn about the reasons for the interruption of the work stoppage, nor did he have
any knowledge of a decision by the workers union to suspend it. Some of the
workers who went back to work informed the heads of the work sites, that the
union’s leadership had instructed them to do so. During the time that the work
stoppage lasted at INTEL, the essential services were maintained operational. While
persuasion efforts were being made to urge the workers on the stoppage to go back
to work, the management at INTEL was monitoring the development of colonel
Herrera-Hassán’s movement. He did not know whether the workers were also
monitoring said movement. There was no proof at INTEL that would lead to the
presumption that there was a connection between the workers’ movement and that
of colonel Herrera-Hassán; at that time the instructions of the President of the
Republic were complied with, which were transmitted either directly or through
members of his Cabinet. In response to the work stoppage of December 5, 1990,
the State took certain measures, including the enactment of Law 25. Law 25 had a
two-pronged effect:
it suspended the application of some special laws that
established the labour system of some State enterprises, such as INTEL among
others, and it provided for a declaration of non subsistence for those workers who
would have participated in the promotion, organisation, convocation or
implementation of the actions that took place December 4 and 5, 1990. Within the
framework of INTEL, the instructions for the application of said Law were issued by
the Presidency of the Republic. The workers who were involved in the actions
alleged as per Law 25 were identified and, through a resolution of the office of the
Manager of Human Resources, a declaration of non-subsistence of the workers’
appointments was made, the workers having been informed with respect thereto
through a note. The identification that those who were responsible had was given on
their own perception at the work sites he visited, and in those sites to which he had
no access, it was developed through the information provided by the respective
managers. He does not remember whether tests that would be compared against
the contents of the reports were requested or performed. The only means that the
workers had to question such reports before the office of the Director of INTEL were
those remedies that Law 25 provided for, which were the reconsideration and the
appeal remedies. The reconsideration remedies were dealt with in the first place by
the administrative entity that ordered the dismissal, that is, the office of the Manager
of Human Resources, and were later dealt with by him directly, whereby the
governmental recourse became exhausted. The reconsideration remedy was a very
simple one, and it was presented in written form on plain paper. In the case of INTEL
it was not subject to any formality at all, and it was received, analysed and decided
on by the officer who ordered the dismissal. It had to be finalised through a
resolution of the competent administrative department, whereby the employee was
notified with respect thereto. The administrative procedure to which the INTEL staff
members were subject prior to December 4, 1990, for the application of sanctions
relative to discipline and dismissal was based on Law 8 of 1975, which applied both,
to the National Telecommunications Institute, and the Water Resources and Electric
Power Institute. According to this procedure, the worker was notified about charges
which the management felt warranted some type of sanction, and this was discussed
in the first instance at a Company Committee, which transmitted the matter to the
Workers Union. Law 8 followed along the same lines as the Labour Code, with some
additions. He does not know whether Law 25 facilitated the dismissal process since
it envisioned a legal system that was different to the system that applied to INTEL
workers prior to December 4, but it certainly created a different dismissal system.
He does not remember whether Law 25 established the possibility to appear before a