Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1(c) and (d) of the Convention. Sanctions involving compulsory labour for participation in strikes. In observations addressed to the Government since 2002, the Committee has noted that, under article 12, section 95-98.1, of the North Carolina General Statutes, strikes by public employees are declared illegal and against the public policy of the State. Under section 95-99, any violation of the provisions of article 12 is declared to be a Class 1 misdemeanour. Under section 15A-1340.23, read together with section 15A-1340.11 of Chapter 15A (Criminal Procedure Act), a person convicted of a Class 1 misdemeanour may be sentenced to “community punishment” and, upon a second conviction, to “active punishment”, that is, imprisonment. The Committee has noted the Compendium of Community Corrections Programs in North Carolina, published by the North Carolina Sentencing and Policy Advisory Commission, which explains that the imposition of community punishment may include assignment to the State’s Community Service Work Program (CSWP): “The CSWP is an alternative to incarceration imposed as part of a community punishment or Driving While Intoxicated (DWI) sentence, or in some cases as the sole condition of unsupervised probation.” The report states elsewhere: “CSWP is a community punishment. It is also used as a sanctioning tool at every stage of the criminal justice system … CSWP requires the offender to work for free for public or non-profit agencies in an area that will benefit the greater community.” The Committee has also noted that article 3 (Labor of Prisoners), section 148-26, of Chapter 148 (State Prison System) declares it to be the public policy of the State of North Carolina that all able-bodied prison inmates shall be required to perform diligently all work assignments provided for them.

The Committee notes that in its latest report the Government repeats its indication that court records reveal no cases in which any worker has ever been convicted under these provisions for engaging in an illegal public sector strike. The Committee trusts that, given the Government’s indication that these provisions have lain dormant and never been applied in practice, appropriate measures will be taken to amend or repeal them, and the law will be brought into conformity with the Convention. Considering also the chilling effect that a general prohibition of strikes linked to criminal penalties involving compulsory labour may have on public sector workers who might otherwise decide to engage in strikes, the Committee urges the Government to take such measures without further delay. Noting also a communication dated 25 August 2009, sent by the Government to the North Carolina Department of Justice, in which it has forwarded the observations of the Committee to the State Government, the Committee hopes that in its next report the Government will be in a position to provide information on the progress achieved in this regard.