Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee takes note of the Government’s report. The Committee has been referring, for a number of years, to the need to amend legislation so as to exclude the banana, citrus and coconut industries as well as the Port Authority, from the schedule of essential services annexed to Act No. 18 of 1986 on industrial relations, which makes it possible to stop a strike in these sectors by compulsory arbitration.

The Committee notes from the Government’s report that the Minister for Labour received the recommendations of the Industrial Relations Advisory Committee (IRAC) for the removal of the citrus and coconut industries from the list of essential services (the registered trade unions were consulted and the majority concurred with the IRAC on the matter). Furthermore, the Committee notes the Government’s indication that no further action has been taken by the political directorate in this regard and that the Government hopes that when a new committee is appointed another attempt will be made to draw to the attention of the competent authority the need for immediate action on this matter. The Committee recalls that the right to strike may be restricted or prohibited only for public servants exercising authority in the name of the State or in essential services in the strict sense of the term (that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population). Nevertheless, the Committee recalls that in order to avoid damages which are irreversible or out of proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum service in services which are of public utility rather than impose an outright ban on strikes, which should be limited to essential services in the strict sense of the term (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 160). The Committee requests the Government to indicate in its next report the progress made in eliminating citrus and coconut industries from the list of essential services as well as the measures taken or envisaged to amend the list of essential services in respect of the banana industry and the Port Authority or to establish a requirement of a minimum service, in the determination of which relevant employers’ and workers’ organizations should be involved.

The Committee has also noted on several occasions that sections 59(1)(b) and 61(1)(c) of the Act empowered the Minister to refer disputes to compulsory arbitration if they concerned serious issues in his or her opinion. The Committee takes note of the Government’s statement that there was only one significant dispute referred to compulsory arbitration. The Committee recalls that compulsory arbitration to end a collective labour dispute and a strike is acceptable only if it is at the request of both parties involved in a dispute, or if the strike in question may be restricted or prohibited (as mentioned above, i.e. for public servants exercising authority in the name of the State or in essential services in the strict sense of the term). The Committee requests the Government to indicate in its next report the measures taken or envisaged to amend the legislation in this regard.