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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Montserrat

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Previous comment

Article 4 of the Convention. Promotion of collective bargaining. The Committee had previously referred to the need to amend the Labour Code in order to ensure that if there was no union representing the 50 per cent threshold of representativeness required to be designated as the collective bargaining agent, collective bargaining rights would be granted to the existing unions, jointly or separately, at least on behalf of their own members. The Committee had also noted that the Government was in the process of amending the Labour Code, and that the Committee’s comments would be given due consideration. The Committee notes the Government’s indication that the current requirements for collective bargaining are well established for many years and are the same for the establishment of most if not all unions. The Government nevertheless indicates that the 1995 volcanic activity caused massive dismantlement of trade unions, as the businesses were destroyed and the workforce significantly reduced; as the economy is still recovering, and the workforce is facing high employees and migrants’ turnover, serious challenges are encountered in the establishment of trade unions, in particular in the private sector. The Committee takes due note of the mentioned challenges to unionization and stresses that they make even more necessary the need to ensure that the legal threshold for entering into collective negotiations has the effect of promoting rather than dissuading unionization and collective bargaining. The Committee therefore regrets that no steps appear to have been taken by the Government to amend sections 163–185 of the Labour Code. It recalls once again that if no union in a specific negotiating unit meets the required threshold of representativeness to be able to negotiate on behalf of all workers, minority trade unions should be able to negotiate, jointly or separately, at least on behalf of their own members. The Committee urges the Government to take the necessary measures to amend the Labour Code, in line with the Committee’s previous comments and without further delay, in order to ensure that if there is no union representing the required percentage to be designated as the collective bargaining agent, collective bargaining rights are granted to the existing unions, jointly or separately, at least on behalf of their own members. The Committee requests the Government to provide information on all progress made in this regard.

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Article 4 of the Convention. Promotion of collective bargaining. In its previous comment, the Committee had observed that sections 163–185 of the Labour Code set out a system of exclusive bargaining agents for unions supported by more than 50 per cent of the employees in the respective bargaining units. The Committee had requested the Government to take any necessary measures to amend the Labour Code so as to ensure that the 50 per cent threshold does not constitute an obstacle to the promotion of free and voluntary collective bargaining. The Committee notes that the Government indicates that: (i) for the past 23 years, there have been only two registered trade unions in Montserrat, representing respectively the government workers and the teachers; (ii) these two unions meet the minimum requirements set out in the Labour Code; (iii) the largest private sector company employs approximately 70 workers and 80 per cent of private companies in Montserrat employ less than ten workers; (iv) there is currently no trade union representation in the private sector; and (v) the Government is in the process of amending the Labour Code and will seek to include the request of the Committee.

The Committee takes due note of the information provided by the Government and recalls that the determination of the threshold of representativeness to designate an exclusive agent for the purpose of negotiating collective agreements which are destined to be applied to all workers in a sector or establishment is compatible with the Convention in so far as the required conditions do not constitute an obstacle to the promotion of free and voluntary collective bargaining in practice. In this regard, the Committee considers that if no union in a specific negotiating unit meets the required threshold of representativeness to be able to negotiate on behalf of all workers, minority trade unions should be able to negotiate, jointly or separately, at least on behalf of their own members. Emphasizing that the existing requirements for bargaining collectively may not ease the establishment of trade unions, the Committee therefore requests the Government to take the necessary measures to amend the Labour Code in order to ensure that if there is no union representing the required percentage to be designated as the collective bargaining agent, collective bargaining rights are granted to the existing unions, jointly or separately, at least on behalf of their own members. The Committee hopes that the Government will soon be able to indicate progress in this regard.

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Article 4 of the Convention. Promotion of collective bargaining. The Committee takes note of the adoption of the Labour Code, 2012, and observes that its sections 163–185 set out a system of exclusive bargaining agents for unions supported by more than 50 per cent of the employees in the respective bargaining units. While it is acceptable that the union which represents the majority or a high percentage of workers in a bargaining unit should enjoy preferential or exclusive bargaining rights, the Committee considers that in cases where no union enjoys this support, minority trade unions should at least be able to group together in order to attain this majority or to conclude a collective or direct agreement on behalf of their own members. The Committee requests the Government to take any necessary measures to amend the Labour Code so that where no union enjoys the support of more than 50 per cent of the workers in the bargaining unit, minority unions may be able to group together to attain this majority or be given the possibility to bargain collectively on behalf of their own members.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s indication that a CARICOM model harmonization act regarding registration, status and recognition of a trade union and employers’ organization is under consideration by the Labour Advisory Board. The Committee requests the Government to provide the text of that law once adopted.

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The Committee notes the Government’s report. The Committee also notes the Government’s indication that a CARICOM model harmonization act regarding registration, status and recognition of a trade union and employers’ organization is under consideration by the Labour Advisory Board. The Committee requests the Government to provide the text of that law once adopted.