Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee takes note of the Government’s report.

Articles 3 and 4 of the Convention. In its previous comments, the Committee had recalled that under the provisions of section 27(2) of the Trade Unions and Employers’ Organisations (Registration, Recognition and Status) Act, Chapter 304, a trade union could be certified as a bargaining agent if it received 51 per cent of the votes and that problems might arise from such an absolute majority requirement, since where this percentage was not attained, the majority union would be denied the possibility of bargaining. The Committee observes that in its report the Government confines itself to stating that it has taken note of the Committee’s observations. The Committee therefore once again requests the Government to report on any measures taken or contemplated to amend the legislation so as to ensure that when no union covers more than 50 per cent of the workers, collective bargaining rights are granted to all the unions in this unit, at least on behalf of their own members.

The Committee is addressing a direct request to the Government on another point.