The Anti-Lockout Protocol: What Companies Can Do in the Face of the Union Watch

As with the protesters, the government appears determined to end blockades of factories or company sites, a method unions have long used as a form of protest that has cost companies millions. Two emblematic cases are those of the dairy company Vidal with the trade union Atilra and Mercado Libre with truck drivers, but they were not the only ones. According to Anti-Block Trade Movement (MEAB)so far this year there have been 17 blockades and 71 have been neutralized.

The subject cooperated with Department of National Security in the anti-blockade protocol that was introduced at the beginning of September this year. On the other hand, Legal basis introduced participation in this type of extortion as a reason for justified dismissal. The above norm replaced Article 242 of the Law on Labor Contracts, which states that direct measures will be considered included in the concept of serious harm when “…a) the freedom of work of those who do not comply with the law is affected. the degree of force through acts, facts, intimidation or threats; b) the entry or exit of persons and/or things to the establishment is completely or partially prevented or made impossible; c) damage was caused to persons and/or things owned by the company or third parties located in the premises (land, goods, supplies and raw materials, tools, etc.) or were improperly retained.”

Almost three weeks after the report was submitted Secretary of National Security Patricia BullrichInfobae spoke with a former and current prosecutor Undersecretary for Criminal Investigation, Marcelo Romero.

– Dr. Romero, how does the anti-trade blocking protocol work?

It is a very important measure taken by Minister Patricia Bullrich and the Secretariat of Security headed by Dr. Alejandro Monteoliva.

It is a similar protocol – in essence – to picketing. The official gazette announced it as a ministerial decision.

– What is the procedure in case of company blocking?

You can report on the ministry’s phone line 134 or the ministry’s rotating numbers, WhatsApp on (11) 38524561 or by email at blockings@minseg.gob.ar. On the basis of this complaint, the Security Secretariat evaluates its credibility and seriousness and also takes into account the request of the local authority. This is because it is not a federal crime, it is a common crime, but it is available to the jurisdiction or the provincial or local police – in the case of the Autonomous City of Buenos Aires – to deploy federal forces to end the blockade.

– What should the blockage be so that it can be reported and stopped?

The blockade can be physical, I mean people, or fences or vehicles or rubber bands or any other element. This means that not only must there be people occupying the place of entry and exit from work, precisely preventing freedom of labor, freedom of production, free transit, etc., but any form of obstruction constitutes a blockade. Literally like blocking the route. From that point on, the use of force will stop the crime, which would be the mitigation of criminal behavior.

– Has it already been applied in any case?

So far I understand that it has not been applied, it is available of course. It is worth clarifying that we do not act unless it is an industry with federal connotations… i.e. strategic industries or official industries. Federal forces operate here directly without the need for any requests. For example, imagine if there is a blockade in the Atucha nuclear power plant or any other nuclear power plant or any other strategic sector in the country, we act right there because it is the federal force itself that is in charge of supervision and security. .

– What do you think about this measure?

I think that it is a good decision of the minister beyond the criticism that the members of the ministry receive for this series of measures taken. I think it was something that should have been done a long time ago, especially with the Truckers union, which goes above and beyond the legitimate protest that a union can have and violates a constitutional right by exercising another constitutional right which is the right to strike.