Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee takes note of the information provided by the Government in its report according to which the tripartite committee appointed to review the Industrial Relations Act, Chapter 88:01 submitted its report to the Cabinet but that no further action has yet been taken. For its part, the tripartite committee appointed to review all service acts (Civil Service Act, Fire Service Act and Prison Service Act) is examining the comments of the Committee of Experts.

The Committee recalls its previous observation which addressed the following issues.

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, 28 of the Fire Service Act and 26 of the Prison Service Act), the Committee notes that according to the Government's report, section 28 of the Fire Service Act has been repealed by virtue of Act No. 10 of 1997 and that similar action will be taken with respect to the Prison Service Act. The Committee recalls that the procedure for recognizing unions as exclusive bargaining agents should provide for specific safeguards such as, inter alia (a) the certification to be made by an independent body; (b) the representative organization to be chosen by a majority vote of the employees in the unit concerned; (c) the right of an organization, which in a previous trade union election failed to secure a sufficiently large number of votes, to request a new election after a stipulated period; (d) the right of any new organization other than the certified organization to demand a new election after a reasonable period has elapsed (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 indicate in its next report the measures taken to bring the legislation into conformity with the requirements of Article 4 of the Convention. It also requests the Government to inform it of developments concerning the work of the above-mentioned 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 and was of the opinion that whatever mechanism of settlement of disputes was adopted, its objective should be to encourage free and voluntary collective bargaining, so it should incorporate the possibility of suspending compulsory arbitration if the parties wanted to resume negotiations. 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.