Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 318, Novembre 1999

Effect given to the recommendations of the Committee and the Governing Body

1. 74. At its meeting in June 1999, the Committee expressed its regret at the refusal of the Government to carry out an investigation into the allegation of anti-union victimization at Co-Steel and, noting the apparent lack of progress in resolving the serious difficulties in labour-management relations, once again requested the Government to give consideration to establishing an independent investigation into these allegations and to indicate the measures taken to ensure that reasonable access to the plant has been afforded to the Iron and Steel Trades Confederation (ISTC). As concerns the matter of union recognition, the Committee requested the Government to keep it informed of developments in respect of the Employment Relations Bill (see 316th Report, paras. 80-83).
2. 75. In a communication dated 29 September 1999, the Government indicates that the Employment Relations Act of 1999 contains a statutory procedure for trade union recognition, for the purpose of collective bargaining, where that is the wish of a majority of the workforce, in organizations employing 21 or more workers. The procedure seeks to encourage voluntary arrangements where possible, but provides for the Central Arbitration Committee (CAC) to decide on applications for recognition if no agreement is reached. As concerns the request to establish an independent investigation into the situation at Co-Steel, the Government recalls that it does not operate a labour inspectorate system. Cases of alleged infringement of individual employment rights can be heard by employment tribunals which examine such allegations in considerable detail. Furthermore, the Employment Relations Act extends the protection against the victimization of trade unionists and those who seek or campaign for trade union recognition. The Government also indicates that, since the take-over of the Sheerness plant by Allied Steel and Wire, ISTC have been granted access to the plant and have entered into discussions with the new management. While the right of access remains essentially a voluntary matter, the Employment Relations Act now provides for the drawing up of a statutory Code of Practice to provide the union with reasonable access to the workers to campaign for recognition. Furthermore, the Act provides individual workers with the right to be accompanied by a fellow worker or a trade union representative during disciplinary and grievance hearings, whether or not the workers are union members and whether or not their union is recognized by the employer. The Government considers that all of the above developments will enable the problems at Co-Steel to be successfully resolved.
3. 76. The Committee notes the information concerning the 1999 Employment Relations Act with interest. While welcoming the recent positive developments at Co-Steel, the Committee must once again express its regret at the Government's persistent refusal to establish an independent investigation into the allegations of anti-union tactics at the Sheerness plant, particularly in the light of the recent terminations made just prior to the sale of the plant (see 316th Report, para. 81). The Committee once again requests the Government to immediately undertake an inquiry and to keep it informed of any further developments at Co-Steel in respect of union recognition for collective bargaining purposes and draws the attention of the Committee of Experts to the 1999 Employment Relations Act as concerns the application of Conventions Nos. 87 and 98.