Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

1. With reference to its previous comments on the inclusion of the banana, citrus and coconut industries in the schedule of essential services, thereby denying the right to strike to workers employed in these sectors, the Committee notes the indication in the Government's report that, despite the Cabinet decision which had been taken to remove these industries from the list of essential services (schedule), they still appear on the revised Law of the Commonwealth of Dominica. The Government adds, however, that the Industrial Relations Act is not used to prohibit strikes in those industries but, rather, that unions have negotiated a "no strike agreement" in the banana industry, between the company and the union (WAWU). The Government emphasizes that, in fact, there is no written agreement stating precisely that there will not be a strike in that industry: it is an undertaking solely by the union indicating that where banana is concerned there will be no industrial action.

The Committee asks the Government to keep it informed of any legislative developments in the matter.

2. Referring to its previous comments on the provisions of Act No. 18 empowering the Minister to refer a dispute, under certain circumstances, to arbitration (which precludes recourse to strikes) the Committee notes the Government's indication that amendments will be given consideration in the draft labour legislation.

The Committee recalls that it has made comments on that matter for many years. It hopes that the Government will re-examine its legislation with a view to confining the prohibition of strikes to cases in which a prolonged stoppage of work resulting from the strike would endanger the life, personal safety or health of the whole or part of the population.

It asks the Government to indicate in its next report if the Minister has referred a dispute to arbitration and, if so, in which circumstances and which sector, industry or service, and to keep it informed of any developments on this issue and particularly on the proposed amendments.