Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee takes note of the Government’s report. It also notes the comments from the Employers’ Consultative Association (ECA) of Trinidad and Tobago dated 12 August 2005, which refer to matters already raised by the Committee in its previous observations.

For several years now, the Committee has been requesting the Government to take steps to:

–      amend section 59(4)(a) of the Industrial Relations Act, as amended, so as to enable a simple majority of the voters in a bargaining unit (excluding those workers not taking part in the vote) to call a strike. The Committee cannot but recall that the requirement that the exercise of the right to strike be subjected to prior approval by a certain percentage of workers is not in itself incompatible with the Convention; on the other hand, legislative provisions which require a vote by workers before a strike can be held should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see General Survey on freedom of association and collective bargaining, 1994, paragraph 170);

–      amend sections 61 and 65 of the same Act to ensure that any resort to the Court by the Ministry of Labour or by one party only to end a strike is limited to cases of strikes in essential services in the strict sense of the term, that is to say those in which the strike would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis or in relation to public servants exercising authority in the name of the State;

–      amend section 67 of the Act to ensure that the prohibition of industrial action in essential services is limited to cases of strikes in essential services in the strict sense of the term (in particular the Committee had noted that the inclusion in schedule 2 of a public school bus service in the list of essential services could not be considered to be essential in the strict sense of the term); and

–      repeal the restrictions under section 69 prohibiting the teaching service and employees of the Central Bank from taking industrial action, under penalty of 18 months’ imprisonment, in the case that such restrictions were still in force.

The Committee notes with regret that the Government indicates in its report that it has no immediate plans to amend the above sections of the Industrial Relations Act nor does it see any compelling reasons to justify the amendments of the Industrial Relations Act. The Government is of the opinion that an amendment of section 59(4)(a) would increase the occurrence of industrial action and make virtually unmanageable the industrial relations system and that it would be a challenge to good order and civility. The provision as it stands encourages responsible trade union behaviour and the proper conduct and management of industrial relations in a developing society. The Government further indicates that it does not see the virtue in amendments to sections 61, 65 and 67, as they have not in practice impeded freedom of association and that it does not see any reason to amend section 69 at this time either.

Recalling that the right to strike is an intrinsic corollary to the right of association protected by the Convention, the Committee urges the Government to take the necessary measures to amend the legislation so as to bring it into conformity with the provisions of the Convention. As such, it asks the Government to indicate the progress made in this respect in its next report.