This ruling, which has not yet become final, sets limits on the exercise of the right to strike and confirms that serious conduct may constitute punishable unfair labor practices.
The Chañaral Court of First Instance and Guarantees (Case RIT S-3-2026) upheld a complaint regarding unfair labor practices in collective bargaining filed by a mining company against one of its unions, concluding that, during the legal strike that began in January 2026, the union engaged in conduct that exceeded the legitimate exercise of the right to strike.
Indeed, the ruling found it proven that, in the context of the labor dispute, there were repeated blockades of access to the mine site and the desalination plant, the erection of barricades, fires—including the destruction of a fiber-optic pole that disrupted communications—and the use of laser devices against drones and surveillance vehicles.
In this context, the court placed particular emphasis on the tampering with the desalination plant’s electrical circuit breakers, which kept the facility out of operation for between 10 and 14 days, disrupting the water supply to the entire site and forcing the company to transport personnel by helicopter.
Furthermore, these events had already led the Copiapó Court of Appeals to grant a writ of protection, ordering the union to allow free access to the desalination plant and authorizing the use of law enforcement to ensure compliance.
On that basis, the court found that the elements of physical force against property and moral force against persons had been established, declaring that the union had engaged in the unfair labor practices set forth in Article 404(e) and (f), consisting of seriously obstructing the collective bargaining process and preventing, by force, the entry of workers not involved in the strike.
Indeed, in the twenty-fourth recital, the court states that “consequently, the factual circumstances established in the record fall under the scenarios provided for in Article 404(e) and (f) of the Labor Code, since it has been proven that physical force was used against property during the course of collective bargaining, the occurrence of acts constituting moral coercion against individuals, and the prevention or obstruction, by force, of access to the company’s facilities by personnel essential to its operations.
Indeed, the physical violence directed at access points, infrastructure, and operational systems; the economic pressure imposed on the union members themselves to force their participation; and the sustained disruption of access to and operation of the worksite and the desalination plant exceed the legally permissible limits of the exercise of the right to strike and, by their nature and effects, constitute the types of conduct that the legislature has sought to penalize as unfair practices in collective bargaining.
As a result, the union was ordered to pay a fine of 200 UTM, in addition to publishing a public apology in a national newspaper within 60 days of the judgment becoming final, conducting mandatory training for its leaders on fundamental rights led by a university professor, submitting the judgment to the Labor Directorate for publication in accordance with Article 407 of the Labor Code, and paying the costs of the trial.
As can be seen, this ruling—which has not yet become final—constitutes a significant pronouncement on the limits of the right to strike and reaffirms that actions involving violence, blockades, or serious disruptions to the collective bargaining process may be classified as unfair labor practices, with the corresponding penalties.
Como se podrá apreciar, este fallo -que no se encuentra ejecutoriado- constituye un pronunciamiento relevante sobre los límites del ejercicio del derecho a huelga y reafirma que las acciones que impliquen violencia, bloqueos o afectaciones graves al desarrollo de la negociación colectiva pueden ser calificadas como prácticas desleales, con las correspondientes consecuencias sancionatorias.
For more information on these issues, please contact our Labor Group:
Jorge Arredondo | Partner | jarredondo@az.cl
Jocelyn Aros | Director Labor Group | jaros@az.cl
Felipe Neira | Senior Associate | fneira@az.cl
Palmira Valdivia | Associate | pvaldivia@az.cl
Manuel Sepúlveda | Associate | msepulveda@az.cl
Catalina Díaz | Associate | cdiazp@az.cl
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