Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It also notes the comments made by the Bermuda Public Services Union (BPSU).

Protection against employer interference. In its previous comments, the Committee had requested the Government to indicate any measures envisaged to amend the 1998 Trade Union Amendment Act, which took effect on 1 May 2000, so as to further protect against any possible employer intimidation or interference in respect of union certification or decertification. The Committee recalls that this request originated in the conclusions and recommendations reached by the Committee on Freedom of Association in Case No. 1959 (320th Report, approved by the Governing Body at its 277th Session in March 2000). Recalling that in its previous report the Government had noted that this matter is still under consideration, the Committee once again requests the Government to indicate any measures taken or envisaged to further protect against any possible employer intimidation or interference in respect of union certification or decertification.

Coverage of management personnel. In its previous comments the Committee, taking note of the conclusions of the Committee on Freedom of Association in Case No. 1959 and the Government’s commitment to the objective of including management personnel within the scope of the provisions of the Trade Union Amendment Act, despite the defeat of an amendment to this effect in the Senate in August 1999, requested the Government to indicate in its next report the measures taken or envisaged in order to include management personnel within the scope of the Act and guarantee to them the rights established by the Convention. The Committee notes the comments made by the BPSU according to which there are no pending amendments to the Trade Union Amendment Act 1998, consolidated under the Trade Union Act, so as to afford management personnel the rights established by the Convention. The BPSU also refers to a case of denial of the right to organize to the middle management staff of a public institution. The Committee once again requests the Government to indicate in its next report the measures taken or envisaged in order to include management personnel within the scope of the Trade Union Act so as to guarantee to them the rights established by the Convention.

The Committee hopes that, in the near future, it will note substantial progress in the application of the Convention.