Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee takes note of the Government's report.

1. With regard to the need to amend provisions that afford a privileged position to registered associations, without providing objective and pre-established criteria for determining the most representative association (sections 24(3) of the Civil Service Act, 28 of the Fire Service Act and 26 of the Prison Service Act), the Government indicates in its report that the work of the tripartite committee which was appointed to review all the Service Acts and their relevant regulations is still continuing and that no Bill has yet been promulgated. The Committee points out that the procedure for recognizing unions as exclusive bargaining agents should provide for specific safeguards and requests the Government to indicate in its next report the outcome of the work of the tripartite committee and to provide information on the measures taken in order to bring its legislation into conformity with the Convention (see paragraph 240 of the 1994 General Survey on freedom of association and collective bargaining).

2. With regard to the necessity to amend section 34 of the Industrial Relations Act, chap. 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, and to give to minority unions the right to pursue individual grievances at least on behalf of their members, the Committee notes from the information provided by the Government in its report that a tripartite committee was appointed to review the Industrial Relations Act and that its deliberations are still continuing. The Committee requests the Government to provide in its next report information on the outcome of the work of the tripartite committee and on measures taken to bring the legislation into conformity with the requirements of Article 4 of the Convention.

3. With regard to the need to establish an appropriate mechanism to deal with the grievances of the Central Bank's employees, the Committee notes from the Government's report that the Central Bank Act, chap. 79:02 has been amended by Act No. 23 of 1994 which entered into force on 1 December 1994. Section 20 of the Central Bank Act was amended so as to establish a mechanism of settlement of disputes between the Central Bank and its employees. The Committee understands that, pursuant to paragraphs (e) and (f) of the said section, the Minister of Labour has the power to refer disputes to a special tribunal whose decision is final. The Committee finds it difficult to reconcile such intervention with the principle of the voluntary nature of negotiation recognized by Article 4 and is of the opinion that whatever mechanism of settlement of disputes is adopted, its objective should be to encourage free and voluntary collective bargaining, so it should incorporate the possibility of suspending compulsory arbitration if the parties want to resume negotiations. The Committee therefore requests the Government to consider taking the necessary measures to bring its legislation into conformity with the Convention and to keep it informed in its next report on the application in practice of such mechanism of settlement of disputes.