Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information provided in the Government’s report.

Scope of application of the Act. In its previous comments, the Committee had requested specifications on the workers included in the "protective services" (section 3 of the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999) who were excluded from the Act. In its latest report, the Government states that the workers included in the protective services are the Royal St. Lucia Police Force, the Port Police, the Fire Service and Her Majesty’s Prison. The Committee recalls that the Convention only permits exclusions from its provisions in respect of the police and armed forces. The Committee is of the opinion that functions exercised by service personnel and prison staff should not justify their exclusion from the right to organize, but that restrictions imposed as regards the means of exerting pressure (such as restrictions on the right to strike) are another matter altogether (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 56). Therefore, the Committee requests the Government to amend its legislation to ensure the right to organize for fire service personnel and prison staff.

Article 2 of the Convention. In its previous comments, the Committee had noted that the minimum founding membership for a trade union (30) and for an employers’ organization (ten) should be reduced to a reasonable level so that the establishment of organizations is not hindered. The Committee notes with interest that, according to the Government, these numbers have been revised in the draft Labour Code and reduced to 20 and six, respectively. The Committee requests the Government to keep it informed of developments in this respect and to submit the draft text with its next report.

Article 4. Dissolution and suspension by administrative authority. In its previous report, the Committee requested the Government to indicate the measures taken or envisaged to ensure that the tribunal competent for reviewing any suspension or withdrawal of registration is an independent and impartial judicial body which is competent to examine the substance of the case, and to ensure that any judicial review of such matters results in the suspension of the administrative decision until the final judgment has been handed down. The Committee notes with interest the Government’s response that section 17(3) of the Act makes provision for appeal by the union and the Act indicates that the tribunal would give an order to re-establish any suspension or withdrawal of registration, which, according to the Government, means that the Registrar’s decision would hold pending the decision of the tribunal. The Government further mentions that the draft Labour Code also gives the tribunal power to determine the matter. The Committee thus understands from the Government’s report that the Registrar’s decisions in such cases are suspended unless and until confirmed by the competent tribunal.