Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report and the comments submitted by the International Confederation of Free Trade Unions (ICFTU) and the Trades Union Congress (TUC) in communications dated 10 August and 31 August 2006, respectively. The Committee requests the Government to send its observations thereon.

Article 3 of the Convention. Right of workers’ organizations to draw up their constitutions and rules without interference by the public authorities. The Committee notes the comment by the TUC that, although section 174 of the Trade Unions and Labour Relations Act (TULRA) was amended by the Employment Relations Act, 2004 (ERA) so as to allow unions to exclude or expel individuals on account of conduct which “consists of activities undertaken by an individual as a member of a political party”, this amendment does not fully address freedom of association concerns as it is still unlawful to exclude or expel an individual because he or she is a member of an extremist political party with principles and policies wholly repugnant to the trade union. The TUC indicates, moreover, that an individual excluded or expelled wholly because of his or her membership of an extremist political party is entitled automatically to a minimum level of compensation, whether or not any loss has been suffered; in this regard, the TUC indicates that far-right extremist organizations have encouraged members to infiltrate trade unions and gives an example where the expulsion of such a person gave rise to an enforced compensation order by an employment tribunal against the union. The Committee recalls that, in previous comments, it had asked the Government to keep it informed of developments in more fully ensuring the right of trade unions to draw up their rules and formulate their programmes without interference from the authorities. In light of the serious concerns expressed by the TUC, the Committee requests the Government to consider taking measures as a matter of urgency to amend section 174 of the TULRA so as to give fuller effect to this right of unions and to indicate the measures taken or envisaged in its next report. It further requests the Government to reply to the concern raised by the TUC over the obligation to provide compensation for each expulsion regardless of whether any loss had been suffered.

Immunities in respect of civil liability for strikes and other industrial action (sections 223 and 224 of the TULRA). The Committee had previously asked the Government to keep it informed of developments regarding the right of workers to take industrial action in relation to matters which affect them even though, in certain cases, the direct employer may not be party to the dispute, and to participate in sympathy strikes provided the initial strike they are supporting is itself lawful. The Committee takes note of the Government’s indication that there are no new developments respecting this matter. In this connection the Committee recalls once again that workers should be able to participate in sympathy strikes, provided the initial strike they are supporting is lawful, and to take industrial action in relation to matters which affect them, even though the direct employer may not be a party to the dispute, and requests the Government to take the necessary measures to amend sections 223 and 224 in keeping with this principle.

The Committee is raising additional points in a request directly addressed to the Government.