Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 356, Marzo 2010

Effect given to the recommendations of the Committee and the Governing Body

1. 67. The Committee last examined this case, which concerns the prohibition imposed by the legislation of North Carolina to make any collective agreement between cities, towns, municipalities or the State and any labour or trade union in the public sector, at its November 2008 session [see 351st Report, paras 67–72]. On that occasion, the Committee requested the Government to continue promoting the establishment of a collective bargaining framework in the public sector in North Carolina and effective recognition of the right of collective bargaining – with the participation of representatives of the state and local administration and public employees’ trade unions.
2. 68. In a communication dated 8 October 2009, the Government states that the North Carolina General Assembly was still considering whether to repeal the provision contained in NCGS sections 95–98, which prohibit agreements between governing bodies of the State’s political subdivisions and public sector labour organizations. The Government specifies that the four following bills to repeal or modify this law were again introduced in the 2009–10 session of North Carolina Legislature: Public Safety Employer–Employee Cooperation (House Bill 1651), Restore Contract Rights to State/Local (House Bill 750 and Senate Bill 427) and Repeal Ban GS 95-98 (Senate Bill). Each of these bills has been assigned to the appropriate committee for further consideration. As of 8 October 2009, none of the bills was enacted into law.
3. 69. The Committee notes the information provided by the Government with regard to the legislative agenda and, in particular, notes with interest the numerous efforts made within the North Carolina legislature to repeal the ban on collective bargaining for the public service. Recalling that the public services, broadly defined, has been prohibited from bargaining collectively for over 50 years now, the Committee expects that the new legislation will be adopted in the very near future, so as to remove the collective bargaining ban imposed on state and local public employees. It requests the Government to keep it informed of developments in this respect. The Committee further requests the Government to continue promoting the establishment of a collective bargaining framework in the public sector in North Carolina, as well as effective recognition of the right of collective bargaining.