The Judiciary of the province of Buenos Aires decided to revoke the filing of the criminal case initiated by the Láctos Vidal company against the union of workers of the dairy industry (Atilra) and force the prosecutor Fabio Arcomano to resume the investigation for compulsion to
strike .
Last year, the dairy firm and the union had an extensive dispute.
In this context, the company denounced that
its plant in Moctezuma (Carlos Casares' party) was blocked for 2 months and that several of its employees had been threatened to join the protest
, and made a specific complaint for damages and threats against the trade unionist Gastón Emilio Moreno.
A few weeks ago, the prosecutor Arcomano, from the Court of Guarantees No. 3 of Trenque Lauquen, dismissed the complaint.
"According to the terms of the complaint, there is no dispossession of the property that is the object of the dispute, but it is presented as a temporary occupation of vacant land in the framework of a trade union strike", highlighted the judicial resolution, signed on on Wednesday, February 22, which was released by the union.
But now
the Buenos Aires justice decides to revoke the file
and instructs Arcomano to resume the case.
In dialogue with
Clarín Rural
Florencia Arietto, a company lawyer, had assured that the prosecutor had not investigated and had announced that she would ask the attorney general of Trenque Lauquen to review it with evidence to be produced.
As detailed, there are two causes, one due to the
coercion of five company workers
who told the police that they had been threatened by the union to not enter the factory, and the other due to the
loss of production suffered by the company
from union action.
"The decision of the court to revoke the file is very important because it analyzes what the compulsion to strike is, that is, when workers are forced to join a strike that they do not want to do. That is the crime that The attorney general suggests that it is proven, thereby
modifying a jurisprudence of many years in which this crime of compulsion to strike was only proven if there was physical violence
," Arietto now explained.
The workers and managers of Lácteos Vidal who did not join the strike, during the conflict.
what does the cause say
When filing the case, Arcomano said that the complaint was based on the testimonies of Mariana Heim and Juan Lisandro Paye, who stated that they had not been the object of threats nor had they witnessed them, but indicated as possible victims Darian Iván Corvalán, Luis Alberto González, Fabio David Quiroga, Javier Logioco, Norma Karina Brum, Carlos Alberto Morales, Marcelo Sergio Garnero, Marcelo Andres Palmieri, Brian Nahuel Anidos, Matías Garnero, Javier Demassi and Bernabe Vitale, who reportedly told Paye, by telephone, that they would not be allowed into the workplace.
"When summoned to testify, the alleged victims Corvalán, González and Quiroga
expressed that they had voluntarily adhered to the union measure
, while Logioco mentioned that he had not received threats and that he was allowed to enter and work freely. Javier Demassi and Bernabé Vitale signed the act of the workers' assembly dated July 18, 2022″, explained Arcomano about his decision to file the complaint.
However, the resolution indicated that Brum, Morales, Garnero, Palmieri and Anidos, who actually went to work on the same day that the strike began and continued to do so in the following days, stated that they had been subjected to insults and other expressions. , which "
in the opinion of the undersigned do not constitute threats
because they do not contain in themselves the expression of the intention of causing future harm to them or their family members."
In this regard, Arietto affirms that
during the conflict with Atilra, workers from the dairy company were fired
, that
one had the covers of his car slashed and that another had stones thrown at the front of the house
.
"We have a lot of proof to produce," he says.
Now the prosecutor must call the aforementioned persons to testify to verify the threats denounced.
Then, Arietto alludes to another legal measure that the company intends to appeal, which is the precautionary measure not to innovate before the announcement of layoffs, requested by the union and signed by Judge Alvaro Balestrini.
"This transcends Lácteos Vidal, it threatens the dairy industry, it is serious in terms of job creation. When they impose a precautionary measure like this, the company cannot make decisions, they prevent you from doing something that you have not yet done. We are going to go to court because it is an unconstitutional ruling," warned the lawyer.
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