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Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Trinidad and Tobago (Ratification: 1963)

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The Committee notes the information provided by the Government in its report, as well as the comments made by the Staff Association of the Central Bank of Trinidad and Tobago (CBSA).

1. Referring to the comments it has been making since 1973 on the necessity to amend section 34 of the Industrial Relations Act, in order to allow minority unions, unable to reach a membership of 50 per cent of the workers in a bargaining unit, to negotiate collectively employment conditions and to have the right to pursue individual grievances at least on behalf of their members, the Committee observes that the Government proposes to solicit the views of the social partners on the matter and will keep the ILO informed.

The Committee takes note of this commitment and requests the Government to provide in its next report information on the result of those consultations and on any development in that respect, including measures taken by the Government to bring its legislation into conformity with the Convention.

2. The Committee notes that, according to the CBSA, the majority of the Central Bank employees are denied access to independent third party arbitration, no meaningful collective bargaining takes place in this institution and there have been many instances of intimidation and victimisation of the union executives.

The Committee recalls that, under Article 4 of the Convention, measures must be taken by the authorities to encourage and promote the full development and utilisation of machinery for voluntary negotiation, with a view to regulating terms and conditions of employment by means of collective agreements.

The Committee invites the Government to communicate its comments on this matter and to provide copies of the relevant legislation, as well as information on the practical operation of the collective bargaining machinery in the Central Bank.

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