Ciego de Avila – The working weather breaks. A breeze refreshes the day. At the end of the afternoon, the atmosphere became hotter. «Early departure, abandonment of the guard, measures must be taken», shouts someone who has just arrived at the guard post of one of the large industries in the municipality of Ciro Redondo, in this province.
There, as in other work sites, many stumble over the same stone, but few talk about how to avoid missteps. «Everything is fine,» say the Safety and Protection Agents (SPA), who are used to working in some places without a guardhouse, toilets and other essential conditions to protect their health.
A Case that Sets an Example
In the area of the 3rd position of the bioelectric plant, which belongs to the mixed company Biopower S.A., Oneida Vega Santo meets Fidel Hernández Castellanos, who, ready to take over, receives the walkie-talkie communication equipment and confirms: «Everything is in order».
On the other hand, Yamilia Brito Castellanos, Seproc’s target manager, felt that something was wrong and did not take long to report an indiscipline among the security guards at the power plant. The management of the Basic Unit (UEB) of Security and Protection (Seproc) in Morón, which provides this type of service to the aforementioned municipality, also did not hesitate to register the incident..
And the verdict came quickly: Seproc’s Labor Justice Board (LJB) ratified the administrative measure of a 25% reduction in the basic monthly salary and agreed to set a rehabilitation period of one year, on the condition that Vega Santo leave her position at 6:30 p.m., 10 minutes before the established time.
Order in the Courtroom!
Oneida appeals. The lawyer representing her considered the sanction imposed by management to be severe. The case went to court, where the worker was not accompanied by the union, despite the fact that the CTC had designed a work system to monitor and follow up on each complaint.
During the verifications and the hearing, the Municipal People’s Court (TMP) of Morón demonstrated that the security guard did not abandon her post, but handed over the walkie-talkie in a position adjacent to her guard’s objective, without any incident that affected the image of the bioelectric plant or the social mission of the UEB.
Furthermore, «the employee’s file does not contain any corrections or deficient evaluations. If she had been reprimanded, the re-education purpose would have been achieved; it is not fair to withhold a percentage of her salary,» the TMP decision reads.
Therefore, it is decided: To revoke the agreement of the LJB, to accept the claim of Oneida Vega, to apply to her a public reprimand «with the right to compensation for damages suffered», the document reflects.
Finally, justice unravels the tangled web that has been in place since December 2023. «When I complained about not being able to rest as scheduled on December 31 and January 1 last year, I was faced with a labor dispute,» says Oneida, showing the slips of paper she keeps as proof of the guards assigned to her more nights than days after her complaints.
In fact, the case remains inconclusive. The worker argues: «After the court’s decision, I was only reimbursed five hundred and some pesos, corresponding to the fine of 25% of my salary, it seems that I am still not entitled to the payment by results for December, January and May, and the profits for the first quarter of this year.
When I asked the human resources person, she told me: «Don’t keep complaining, the tribunal changed your action, you are still sanctioned…», until when?
It is true that the worker continues to be punished. At the end of her vacation, she was placed in the multipurpose unit of the hospital in the city of Morón (she lives in the municipality of Ciro Redondo), during the most tense period of passenger transportation.
With sentence number 11 of 2024 in hand, Trabajadores investigates why, if the indiscipline occurred eight months ago in the bioelectric plant, the sanctioned party cannot return to the plant and accept the public reprimand that has not yet been applied, but Seproc’s noncompliance continues.
Guillermo Alfaro Rodríguez, director of the UEB, believes that «this way I avoid a problem between the agent and the target manager when they meet again in the workplace, I act consistently» and is this a humane way to proceed?
Disobedience versus Law
The litigation in question is not a rule. The treatment of workers’ complaints, denunciations and claims in the debates of the current process of the 22nd Congress of the CTC has become a recurring theme.
In the Municipal Conferences, it appears that there is a tendency for management to apply excessive disciplinary measures without legal grounds to support them before the JLBs and the TMPs.
The problem is longstanding. For example, the report to the Union Conclave in 2019 confirms that the main objective for attention in terms of resolving or responding with the clarity and speed that each case deserves is not resolved, and exemplifies: the average number of claims attended per year exceeds 30 thousand, in the period 2014-2018; the most repeated are those of better legal and economic content; in 61% of them, the JLBs ratified the initial administrative decision.
Returning to the fact of labor injustice, it is clear that the TMP of Morón dictates the sentence on May 24, 2024. The attitude of the management of UEB Seproc, in violation of the law that protects and promotes a fair, inclusive and respectful work environment, remains inconclusive for obedience.
Lack of Protection
«I do not authorize you to record, nor can I show you documents, write down what is necessary,» begins the dialog with Guillermo Alfaro Rodriguez, director of the UEB Seproc in the municipality of Moron, Avileña.
«Why is there a massive departure of security guards in the municipality of Ciro Redondo? Last year there were 81 resignations and today we have our personnel only in the bioelectric plant.
«We have temporarily closed the positions of the other units due to lack of guard boxes, lights and toilets, non-payment for services rendered, sick leave requests, salary improvement and other reasons.»
More than 10 workplaces have formed vigilance groups that, according to their directors, do not agree with the services of Seproc. Meanwhile, Trabajadores noted that several of the units that have had their personnel withdrawn have the necessary conditions for security and protection.
