Differentiating between Siderperu and its workers reaches the Superior Court of Justice of Lima

The Siderperu Employees Union announced, through a general assembly, that it will bring the labor dispute that it maintains with the Chimbotana company before the Second Labor Chamber of the Superior Court of Justice of Lima.

The workers of the steel complex demand the annulment of the arbitration award that was unfavorable to them in December 2020, which, according to the complaint, would have incurred serious procedural defects “that affect officials of the Ministry of Labor and Employment Promotion (MTPE).” In this sense, they requested the mediation of the Congressmen of the Republic.

What happened? In November 2019, the union presented a list of claims to carry out the corresponding negotiations for the 2019-2020 period, but progress was interrupted by the pandemic.

The direct deal negotiations with Siderperu were resumed on June 15, 2020 via Zoom, but a day later they broke down, after not reaching any agreement. The union then requested the start of a Conciliation Board before the Chimbote Regional Labor Authority.

However, the process took the route of arbitration at the request of the company. During the confrontation, in December of that same year, Siderperu presented its proposal for three years that included the period 2019-2020, 2020-2021 and 2021-2022, before the union’s proposal that it presented for one year (2019-2020).

Finally, the referees Fernando Varela Bohórquez, Augusto Eguiguren Praelli Y Victor Naranjo Cáceres They issued an arbitration award in favor of Siderperu, which, in the opinion of the workers, “harms their wages,” since the first year they were not granted any salary increase, as was the subject of a claim. In addition, they assure that it was done without the knowledge of the union party to file their observations.

Siderperu: arbitration against union

The Siderperu Employees Union also denounces that the payment for the arbitrators appointed for the process exceeds what is stipulated by law. The fees are S / 35,000 for the arbitrator appointed in favor of the union and S / 21,875 for the president of the Arbitration Tribunal, corresponding to 50% of the S / 43,750 he collected.

In arbitration processes, the labor authority appoints three arbitrators: one chosen by the union, one by the company, and a third that both must agree on. If this name is not reconciled, the third is resolved by lottery. Each party pays its arbitrator, and the third party is paid between the two.

“Said sums are higher than what is established in article 53 of the Regulations of the Law of Collective Labor Relations, which prescribes that the amount of the arbitrators’ fees must be 5% of the RMV for each affiliated worker, which would a total of S / 12,973 because the Chimbote steel union has 279 members, “said the group of workers.