Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the Government's report and recalls that its comments have addressed the following issues:

- the adoption of a Trade Union Recognition Bill;

- the need to amend the Public Utility Undertakings and Public Health Services Arbitration Act (Cap. 54:01) which confers on the Minister broad powers to refer a dispute in the services listed in the schedule (which may be revised at the discretion of the Minister) to a tribunal for arbitration without having previously obtained the agreement of the two parties, and renders workers who take part in an illegal strike liable to a fine or two months' imprisonment (section 19).

1. The Committee takes note of the contents of the Trade Union Recognition Bill which contains provisions on the establishment of an independent body for the certification of trade unions and the determination of the most representative union in a given unit by majority vote. The Committee notes that under section 27(a) of the Bill, the recognised majority union has exclusive authority to negotiate on behalf of workers in the bargaining unit. The Committee requests the Government to state whether, where no union regroups 40 per cent of the persons in a unit as is required by section 20(2) or, where no union regroups 51 per cent after the period of time stipulated in section 20(3)(b), collective representation is granted to workers in such unions, at least for their members. The Committee stated in paragraph 141 of its 1983 General Survey on Freedom of Association and Collective Bargaining that minority organisations should be allowed to function and at least have the right to make representations on behalf of their members and to represent them in the case of individual grievances. The Committee further requests the Government to indicate whether, in the situation mentioned above, collective bargaining rights are granted to trade unions in these units on behalf of their own members, as it stated would be desirable in paragraph 295 of its General Survey.

2. In a previous comment, the Committee urged the Government to ensure that measures were taken to amend Act Cap. 54:01 to limit recourse to compulsory arbitration in respect of strikes relating to essential services in the strict sense of the term, namely services whose interruption is liable to endanger the life, personal safety or health of the whole or part of the population.

The Committee notes from the Government's report that the Minister has not invoked the provisions of the Act that permit him to refer disputes to arbitration without the consent of the parties for many years, that all the disputes referred to arbitration in recent years were at the instance of the unions and that the penal sanction contained in the Act has never been enforced. The Committee also notes the Government's statement that it is currently examining the legislation in view of the comments and observations made by the Committee of Experts with a view to adopting the necessary amendments.

The Committee again expresses the hope that, as part of the present review of the legislation, Act Cap. 54:01 will be amended to take account of its comments. It asks the Government to provide detailed information on developments in this respect.