Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

1. With regard to the need to amend provisions that afford a privileged position to registered associations, without providing objective and pre-established criteria for determining the most representative association (sections 24(3) of the Civil Service Act, and 26 of the Prison Service Act), the Committee notes that according to the Government's report, section 26 of the Prison Service Act will be repealed. The Committee recalls that the procedure for recognizing unions as exclusive bargaining agents should provide for specific safeguards (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 240). The Committee requests the Government to indicate in its report the outcome of the work of the tripartite committee appointed to review the Civil Service and Prison Service Acts. 2. With regard to the necessity to amend section 34 of the Industrial Relations Act, Chapter 88:01, in order to allow a union whose members constitute the largest number of workers in a bargaining unit even if it is unable to reach a membership of 50 per cent of the workers in that bargaining unit, to negotiate collectively employment conditions, and to give to minority unions the right to pursue individual grievances at least on behalf of their members, the Committee notes that the tripartite committee set up to review the Industrial Relations Act has been set up to actively consider the comments of the Committee of Experts. It requests the Government to inform it of developments concerning the work of the abovementioned tripartite committee. 3. With regard to the need to establish an appropriate mechanism to deal with the grievances of the Central Bank's employees, the Committee understands that section 20 of the Central Bank Act, Chapter 79:02 as amended by Act No. 23 of 1994, establishes a mechanism for the settlement of disputes between the Central Bank and its employees according to which the Minister of Labour has the power to refer disputes to a special tribunal whose decision is final (see paragraphs (e) and (f) of the said section). The Committee had found it difficult to reconcile such ministerial intervention with the principle of the voluntary nature of negotiation recognized by Article 4. The Committee notes that its views have been transmitted to the tripartite committee set up to review the Industrial Relations Act, and requests the Government to keep it informed in this respect. 4. The Committee requests the Government to take the necessary measures to bring its legislation into conformity with the Convention and to keep it informed in its next report in this regard.