Judge Natalia Meza Angulo of the Labor Court of II Judicial Circuit of San José, declared the strike in the Ministry of Public Works and Transportation as illegal.
Some of the “proven facts” stated are:
there is no evidence in the file that proves the National Union of Workers of Public Works and Transport (Unatropyt) had the percentage of support required according to the national legislation, not including the certification of the result of the General Assembly of the union, where it is approved to go on strike (if more than fifty percent of the officials of said Ministry are affiliated). They also don’t have the voting records according to the procedures established by law,”
said Meza.
This declaration of illegality joins others previously issued (including second instance), where unlike the rulings that preceded the Labor Procedure Reform, there has been no uniformity of criteria, with the resulting legal uncertainty.