Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the comments of 29 August 2008 by the International Trade Union Confederation (ITUC), which are being translated and will be considered at the next examination of Jamaica’s application of the Convention. The Committee takes note of the Government’s reply to the ITUC’s comments of 2006 and 2007, and notes in particular that: (1) with regard to the non-deduction of the trade union dues of members of the National Workers’ Union (NWU) in the oil sector, the parties have resolved the matter by agreement; and (2) regarding the obstacles faced by trade unions in the export processing zones, these zones have been virtually depleted; and the trade unions of Jamaica support the Labour Relations and Industrial Disputes Act, including the provisions on representation.

Article 3 of the Convention. The Committee recalls that in its previous observation it referred to the extensive power of the Minister to refer an industrial dispute to arbitration (sections 9, 10, and 11(A) of the Labour Relations and Industrial Disputes Act). The Committee notes that according to the Government: (1) the Committee’s observations have been noted; (2) the Minister exercises the power in question only where the public interest is being jeopardized or where the dispute requires urgent or expeditious settlement; and (3) the Labour Relations and Industrial Disputes Act is under constant review. The Committee recalls that compulsory arbitration to end a collective labour dispute is acceptable only at the request of both parties or in instances where a strike may be restricted or even banned, i.e. in the event of a dispute in the public service involving public servants exercising authority in the name of the State, or in essential services in the strict sense of the term, namely services the interruption of which could endanger the life or personal safety of the whole or part of the population. The Committee again asks the Government to provide information in its next report on all progress made in amending the abovementioned Act.