Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 3 of the Convention. Right of organizations to freely organize their activities and to formulate their programmes. Compulsory arbitration. In its previous comments, the Committee had requested the Government to take the necessary steps to amend section 19 of the Industrial Court Act 1976, which permits the referral of a dispute to the court by the minister or at the request of one party with the consequent effect of prohibiting strike action. The Committee notes that the Government states in its report that it has no intention to change its position at this time as regards the power of the minister to refer a dispute to binding arbitration resulting in a ban on strike action. In this regard, the Committee recalls that compulsory arbitration resulting in a ban on strike action should be limited to strikes in essential services in the strict sense of the term, to public servants exercising authority in the name of the State or to cases of acute national crisis, or at the request of both parties. The Committee requests the Government to take the necessary measures to amend section 19 of the Industrial Court Act 1976 taking into account the abovementioned principles.

Prohibition of strikes. In its previous comments, the Committee had requested the Government to take the necessary steps to amend section 21 of the Industrial Court Act 1976 which permits injunctions against legal strikes when the national interest is threatened or affected. The Committee notes the Government’s indication that a concerted effort will be made to bring the Industrial Court Act 1976 into conformity with the Convention. In these circumstances, the Committee hopes that measures will be taken to amend section 21 of the Industrial Court Act 1976 and requests the Government to communicate any developments in this regard.

Essential services. The Committee had also requested the Government to take the necessary steps to amend the overly broad list of essential services in the Labour Code, in particular with respect to the government printing office and the port authority. In this regard, it notes the comments of the Government that the government printing office could be excluded from the list of essential services. It further notes that the Government considers it imperative to note that, as Antigua and Barbuda is a relatively small country and what works in other industrial countries cannot be expected to work there, an extended strike at the port authority could have damaging consequences for the economy as this is the major trans-shipment point for goods into the country. According to the Government, strikes at the port should not be banned, but should be controlled. The Committee notes that the Government adds that it has amended the list of essential services in the Labour Code. Recalling that the implementation of a minimum service for workers at the port authority would be in conformity with the Convention, the Committee appreciates the Government’s comments in this regard. The Committee requests the Government to provide, with its next report, details of any legislative amendment to the list of essential services so as to eliminate from the list the government printing office and the port authority, which are not essential services in the strict sense of the word, and to transmit a copy of the current list of essential services.

Sanctions. In its previous comments, the Committee had requested the Government to take the necessary steps to amend section 20(3), (4) and (7) of the Industrial Court Act 1976 which provide for penalties of imprisonment ranging from three months to two years for participating in strikes or lock-outs declared unlawful under that section. The Committee recalls that no penal sanction should be imposed against a worker for having carried out a peaceful strike and therefore measures of imprisonment should not be imposed on any account. Such sanctions could be envisaged only where during a strike, violence against persons or property or other serious infringements of rights have been committed, and can be imposed pursuant to legislation punishing such acts. Nevertheless, even in the absence of violence, if the strike modalities had the effect of making the strike illegitimate, proportionate disciplinary sanctions may be imposed against strikers. The Committee notes the Government’s indication that a concerted effort will be made to bring the Industrial Court Act 1976 into conformity with the Convention. The Committee hopes that that measures will be taken to amend section 20(3), (4) and (7) of the Industrial Court Act 1976, taking into account the abovementioned principles.