In spite of having been declared unlawful, SUTRACOMASA initiates strike, placing the jobs of its members at risk

- In a unique stage of legal proceedings, the Peruvian General Directorate of Labor declared the strike unlawful. The decision made by the highest level of authority in matters of labor is final and cannot be appealed. Therefore, the strike is illegal and places the jobs of those workers supporting these actions at risk.
Considering that the strike was declared unlawful by the Peruvian General Directorate of Labor, one would expect that SUTRACOMASA, Antamina’s labor union, would proceed to suspend its announced strike. However, the Union leaders insist in their measure of force. Today, by stopping all work activities, they are adversely affecting the compensation of its members in all of its relevant forms, including: profit sharing, regular bonuses, productivity bonuses, CTS and others, while also placing the jobs of many of its work members at risk.
On Tuesday, December 9th, the Peruvian General Directorate of Labor, headquartered in Lima, issued Directorate Resolution 188-2014-MTPE/2/14, which declared the inadmissibility of the second indefinite general strike which Sutracomasa had intended to carry out. According to the labor authority, this measure of force notified by SUTRACOMASA fails to meet the requirements demanded under Articles 63 and 65 c) of the Peruvian Labor Collective Bargaining Regulations.
It is important to point out that this resolution was issued as a single stage legal proceeding, meaning that this decision cannot be appealed. Nevertheless, even if the Union were to file a petition for reconsideration, the latter would have no impact whatsoever on the original decision issued by the Labor Authority. Therefore, with the strike having entered into effect, by definition, such strike will be deemed illegal. In this situation, the most relevant concern is that those who are supporting the strike are at risk of losing their jobs.
We wish to reiterate that Antamina does not base its decisions on pressure tactics, but rather on reason and it is therefore false that any concessions will be achieved in these meetings. The only outcome will be the one obtained at the last work stoppage: discounted amounts from compensation, impact on profit sharing, job loss and filing legal complaints for those who commit acts of violence or serious misconduct.
Antamina calls upon those who are actively supporting this illegal strike to return to their normal work activities, and to prevent any exposure to the risk of losing their jobs. Antamina reaffirms its commitment to support dialogue without pressure and to search for harmonious solutions, as it has always has, in line with the culture and values of the Antamina family.
December 10th, 2014
Office of Communications
Compania Minera Antamina S.A.
Attachment: Copy of the Directorate Resolution issued by the Peruvian Labor Authority