Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the Government’s report.

1. Absence of objective and pre-established criteria for determining the most representative association. The Committee had previously noted that, giving effect to its comments, section 26 of the Prison Service Act had been amended and it had requested a copy of the corresponding text. The Committee repeats this request. Furthermore, on the same question of the absence of criteria, the Committee had requested the amendment of section 24(3) of the Civil Service Act and the Government had indicated that the corresponding amendment was being prepared. The Committee notes that the Government reiterates its previous statements and requests it to provide copies of the amended texts as soon as they have been adopted.

2. Need 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. The Committee notes the Government’s statement to the effect that the tripartite committee established to amend the Industrial Relations Act considered that this provision should not be amended based on the belief that multiple bargaining agents would create industrial conflict in view of the culture of the country. No recommendation has therefore been made to change the existing law in this regard. In this respect, the Committee emphasizes that, where there is a single trade union in a bargaining unit with less than the absolute majority, this type of conflict cannot arise, and where various minority unions exist, their joint participation in the bargaining process could be arranged in an equitable manner or it could be envisaged that collective agreements apply only to the members of the respective trade union. The Committee recalls once again that the requirement that a union obtain the support of an absolute majority of the workers in the bargaining unit to be granted bargaining rights means that there is a risk in practice in many cases that workers will be deprived of the benefits of collective bargaining. The Committee therefore requests the Government to take the necessary measures to ensure that this provision is amended so that, where no union represents an absolute majority of workers, the union which represents a relative majority of workers in the bargaining unit can carry out negotiations to conclude a collective agreement, at least on behalf of its own members. The Committee requests the Government to keep it informed of developments in this respect.

3. Collective bargaining in the Central Bank. The Committee had noted previously that in May 2000 the General Workers’ Trade Union was granted recognition as a bargaining agent and it had requested the Government to provide information concerning the negotiations held and any collective agreement concluded. The Government indicates that this category of workers has the right to engage in collective bargaining. The Committee requests the Government to inform it of any collective agreement that has been concluded.