Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Trinidad and Tobago (RATIFICATION: 1963)

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The Government has communicated the following information:

Under the existing legislation minority unions may not negociate collectively on conditions of employment of workers. There have been no appeals against acts of interference by employers or employer's organisations either before the Industrial Court or the Civil Courts.

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The Committee notes the Government’s reply to the 2019 observations of the International Trade Union Confederation. The Committee requests the Government to provide statistics on the number and nature of complaints of anti-union discrimination, in particular dismissals, filed to the competent authorities, their follow-up and outcome as well as statistics on applications made to the court for such industrial relations offences.

Workers covered by the Convention. In its previous comments the Committee referred to the need to amend section 2(3) of the Industrial Relations Act (IRA) which excluded certain categories of workers from its scope of application. The Committee notes the Government’s indication that a revised draft policy paper for the amendment of the IRA, developed with the social partners and submitted to Cabinet for its consideration in May 2021, recommends extending the scope of workers and include teachers, Central Bank employees and domestic workers, now excluded by virtue of section 2(3) of the IRA. Duly noting these elements, the Committee hopes that the amendment will also include the apprentices and persons in enterprises with policy and other managerial responsibilities, also excluded by virtue of section 2(3) of the IRA. Noting that no developments appear to have taken place since the draft policy paper was submitted to Cabinet in May 2021, the Committee strongly encourages the Government to take the necessary steps so that the IRA is amended without further delay and requests it to provide a copy of it once adopted.

Article 4 of the Convention. Promotion of collective bargaining. For several years the Committee has been referring to the need to amend section 34 of the IRA, which provides that in order to be recognized as a collective bargaining agent, a trade union should represent 50 per cent of the workers in the bargaining unit. The Committee notes the Government’s indication that a non-recognized majority union was able to negotiate collectively on behalf of workers with a few companies in the oil and gas sector and that, given the success of the agreements, the union eventually gained recognition. The Government also indicates that the above-mentioned revised draft policy paper for the amendment of the IRA, submitted to Cabinet in May 2021, aims at ensuring that employers and workers can function effectively in the industrial relations system. The Committee observes, however, that the Government does not indicate that the revised draft policy paper for the amendment of the IRA proposes any amendments to section 34. Noting that the review of the IRA is still under way, the Committee expects that the Government will take the necessary measures to ensure that this provision is amended so that, if no union in a specific negotiating unit meets the required threshold of representativeness to be able to negotiate on behalf of all workers, minority trade unions are able to negotiate, jointly or separately, at least on behalf of their own members. The Committee requests the Government to indicate any progress made in this respect.

Articles 4 and 6 of the Convention. Representativeness for the purposes of collective bargaining in the public sector. For several years the Committee has been referring to the need to amend section 24(3) of the Civil Service Act (CSA), which affords a privileged position to already registered associations, without providing objective and pre-established criteria for determining the most representative association in the civil service. The Committee notes the Government’s indication that the amendment of the CSA would require significant consultation with relevant stakeholders. Recalling that decisions concerning the most representative organization should be made by virtue of objective and pre-established criteria so as to avoid any opportunities for partiality or abuse, the Committee expresses its firm expectation that the necessary measures will be taken so that section 24(3) of the CSA is modified accordingly. The Committee requests the Government to indicate any developments in this regard.

Application of the Convention in practice. The Committee requests the Government to provide statistics as to the number of collective agreements concluded, specifying the sectors concerned, their level and scope, as well as the number of enterprises and workers covered.

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019. The Committee notes that, in the first part of its observations, ITUC raises legislative aspects examined by the Committee in the present observation and that, in the second part, ITUC makes reference to allegations of refusal from several employers to negotiate with unions and of anti-union dismissals in a state telecommunications company. The Committee requests the Government to provide its comments on the observations mentioned above.

Workers covered by the Convention. In its previous comments the Committee requested the Government to indicate the manner in which the categories of workers excluded from the Industrial Relations Act (IRA), such as members of the teaching service or employed in a teaching capacity by a university or other institution of higher learning, apprentices, domestic workers, members of staff or employee of the Central Bank, and persons in enterprises with policy and other managerial responsibilities, enjoy the guarantees under the Convention. The Committee notes the Government’s indication that this matter is present in the New Draft Policy Paper for the Amendment of the IRA, currently under discussion in the Cabinet, as consideration is being given to extend the scope of workers to include classes of persons now excluded by virtue of section 2(3). The Committee further notes the Government’s statement that some of the abovementioned categories of workers exercise in practice the right to collective, giving the example of two unions (Trinidad and Tobago Unified Teachers Association, the West Indies Group of University Teachers) that cover members of teaching service or employed in a teaching capacity by a university or other institution of higher learning, and one (Banking Insurance and General Workers Union) which covers workers of the Central Bank of Trinidad and Tobago. While taking due note of the information provided by the Government, the Committee hopes that the amendment of section 2(3) of the IRA will be completed in the near future so as to bring it into conformity with the Convention.

Article 4 and 6 of the Convention. Representativeness for the purposes of collective bargaining. In its previous comments, the Committee referred to the need to amend section 24(3) of the Civil Service Act, which affords a privileged position to already registered associations, without providing objective and pre-established criteria for determining the most representative association in the civil service. The Committee notes the Government’s indication that the amendment of section 24(3) of the Civil Service Act along the lines suggested by the Committee could lead to inter-union rivalry, disruption in work and loss of productivity, which could negatively impact the stable industrial relations climate that currently exists, and for this reason is no longer under consideration. In these circumstances, recalling that the Convention is compatible with systems where the most representative union enjoys preferential or exclusive bargaining rights, the Committee once again underlines that decisions concerning the most representative organization should be made by virtue of objective and pre-established criteria so as to avoid any opportunities for partiality or abuse. Highlighting that the Government may avail itself of the technical assistance of the Office, the Committee thus reiterates its firm hope that, in consultation with the representative unions, section 24(3) of the Civil Service Act will be modified in the near future so as to bring it into conformity with the Convention. The Committee requests the Government to indicate any developments in this regard.

In its previous comments, the Committee also referred to the need to amend section 34 of the IRA, which provides that in order to be recognized as a collective bargaining agent, a trade union should represent 50 per cent of the workers in the bargaining unit. The Committee recalls that if no union in a specific negotiating unit meets the required threshold of representativeness to be able to negotiate on behalf of all workers, minority trade unions should be able to negotiate, jointly or separately, at least on behalf of their own members. The Committee notes the Government’s indication that the Industrial Relations (Amendment) Bill, introduced in 2015, lapsed and has been replaced by a new Draft Policy Paper for the Amendment of the IRA, which was submitted to Cabinet in January 2017 and is currently under consideration, having been referred to the National Tripartite Advisory Council (NTAC). Given the time that has elapsed since its first observation regarding this matter, the Committee firmly hopes that the amendment of the IRA will be soon completed taking into account the Committee’s observations and that measures will be taken to ensure that if no union in a specific negotiating unit meets the required threshold of representativeness to be able to negotiate on behalf of all workers, minority trade unions are able to negotiate, jointly or separately, at least on behalf of their own members. The Committee requests the Government to provide a copy of the Bill and to indicate any progress made in this respect.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 31 August 2016. The Committee also notes the response of the Government to the ITUC’s observations, including the Government’s indication that these observations will be considered as part of the ongoing revision of the Industrial Relations Act (IRA).

Workers covered by the Convention. The Committee observes that section 2(3) of the IRA excludes from its scope of application the following categories of workers: members of the teaching service or employed in a teaching capacity by a university or other institution of higher learning, apprentices, domestic workers, and persons in enterprises with policy and other managerial responsibilities. In this respect, the Committee recalls that, according to Articles 5 and 6 of the Convention, only members of the armed forces and the police as well as public servants engaged in the administration of the State may be excluded from the guarantees set out in the Convention. The Committee thus requests the Government to indicate the manner in which the categories of workers excluded from the IRA and mentioned above, enjoy the guarantees under the Convention.

Article 4 of the Convention. Representativeness for the purposes of collective bargaining. In its previous comments, the Committee has been referring to the need to amend section 24(3) of the Civil Service Act, which affords a privileged position to already registered associations, without providing objective and pre-established criteria for determining the most representative association in the civil service. The Committee notes that the Government indicates once again that the matter of the amendment of section 24(3) is still under consideration as it requires extensive continuing dialogue. The Committee recalls that where there exists a trade union which enjoys preferential or exclusive bargaining rights, as in the current system, decisions concerning the most representative organization should be made by virtue of objective and pre-established criteria instead of simply giving priority to the one which was registered earlier in time, so as to avoid any opportunities for partiality or abuse. The Committee expresses the firm hope that section 24(3) of the Civil Service Act will be modified in the near future so as to bring it into conformity with the Convention, and requests the Government to indicate any developments in this regard.

In its previous comments, the Committee also referred to the need to amend section 34 of the IRA in order to ensure that, in cases in which no trade union represents the majority of workers, the minority unions can jointly negotiate a collective agreement applicable in the negotiating unit, or at least conclude a collective agreement on behalf of their own members. The Committee notes the Government’s indication that the concerns of the Committee are noted and will continue to receive the attention of the Industrial Relations Advisory Committee. The Committee also observes that the Government notes, in its report under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that a bill to amend the IRA was introduced in 2015 and is before the House of Representatives. The Committee hopes that the amendment of the IRA will address its comments and that measures will be taken to ensure that minority unions can jointly negotiate a collective agreement applicable in the negotiating unit, or at least conclude a collective agreement on behalf of their own members when there is no union that represents the majority of workers. Recalling that the Government may avail itself of the technical assistance of the Office, the Committee requests the Government to provide a copy of the bill and to indicate any progress made in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 31 August 2016. The Committee also notes the response of the Government to the ITUC’s observations, including the Government’s indication that these observations will be considered as part of the ongoing revision of the Industrial Relations Act (IRA).

Workers covered by the Convention. The Committee observes that section 2(3) of the IRA excludes from its scope of application the following categories of workers: members of the teaching service or employed in a teaching capacity by a university or other institution of higher learning, apprentices, domestic workers, and persons in enterprises with policy and other managerial responsibilities. In this respect, the Committee recalls that, according to Articles 5 and 6 of the Convention, only members of the armed forces and the police as well as public servants engaged in the administration of the State may be excluded from the guarantees set out in the Convention. The Committee thus requests the Government to indicate the manner in which the categories of workers excluded from the IRA and mentioned above, enjoy the guarantees under the Convention.

Article 4 of the Convention. Representativeness for the purposes of collective bargaining. In its previous comments, the Committee has been referring to the need to amend section 24(3) of the Civil Service Act, which affords a privileged position to already registered associations, without providing objective and pre-established criteria for determining the most representative association in the civil service. The Committee notes that the Government indicates once again that the matter of the amendment of section 24(3) is still under consideration as it requires extensive continuing dialogue. The Committee recalls that where there exists a trade union which enjoys preferential or exclusive bargaining rights, as in the current system, decisions concerning the most representative organization should be made by virtue of objective and pre-established criteria instead of simply giving priority to the one which was registered earlier in time, so as to avoid any opportunities for partiality or abuse. The Committee expresses the firm hope that section 24(3) of the Civil Service Act will be modified in the near future so as to bring it into conformity with the Convention, and requests the Government to indicate any developments in this regard.

In its previous comments, the Committee also referred to the need to amend section 34 of the IRA in order to ensure that, in cases in which no trade union represents the majority of workers, the minority unions can jointly negotiate a collective agreement applicable in the negotiating unit, or at least conclude a collective agreement on behalf of their own members. The Committee notes the Government’s indication that the concerns of the Committee are noted and will continue to receive the attention of the Industrial Relations Advisory Committee. The Committee also observes that the Government notes, in its report under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that a bill to amend the IRA was introduced in 2015 and is before the House of Representatives. The Committee hopes that the amendment of the IRA will address its comments and that measures will be taken to ensure that minority unions can jointly negotiate a collective agreement applicable in the negotiating unit, or at least conclude a collective agreement on behalf of their own members when there is no union that represents the majority of workers. Recalling that the Government may avail itself of the technical assistance of the Office, the Committee requests the Government to provide a copy of the bill and to indicate any progress made in this respect.

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The Committee notes the observations submitted by the International Trade Union Confederation (ITUC) dated 1 September 2015.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Article 4 of the Convention. Representativeness for the purposes of collective bargaining. In its previous comments, the Committee has been referring to the need to amend section 24(3) of the Civil Service Act, which affords a privileged position to already registered associations, without providing objective and pre-established criteria for determining the most representative association in the civil service. The Committee notes that the Government indicates that the matter of amendment of section 24(3) is still under consideration, that it requires extensive continuing dialogue and that efforts will continue to be made to resolve the matter. The Committee recalls that, where there exists a trade union which enjoys preferential or exclusive bargaining rights, as in the current system, decisions concerning the most representative organization should be made by virtue of objective and pre-established criteria instead of simply giving priority to the one which was registered earlier in time, so as to avoid any opportunities for partiality or abuse. The Committee expresses the firm hope that the legislation, including section 24(3), will be modified in the near future so as to bring it into conformity with the principles of the Convention, and requests the Government to indicate any developments in this regard.

In its previous comments, the Committee also referred to the need to amend section 34 of the Industrial Relations Act (IRA) in order to ensure that, in cases in which no trade union represents the majority of workers, the minority unions can jointly negotiate a collective agreement applicable in the negotiating unit, or at least conclude a collective agreement on behalf of their own members. The Committee notes the Government’s indication that an Industrial Relations Advisory Committee was established in February 2012 in accordance with Chapter 88:01 of the IRA for the purpose of keeping the IRA under constant review. The Government indicates that the Advisory Committee has commenced its review of the IRA with a view to making proposals for its development and reform, including the amendment of any of its provisions. The Committee notes that the Government states that it has noted that it can avail itself of the technical assistance of the Office and proposes to do so as the work of the Advisory Committee proceeds and should the need arise. The Committee expresses the hope that measures will be taken in the near future to amend the legislation so as to allow minority unions in the unit to bargain collectively, at least on behalf of their own members when there is no union that represents the majority of workers. The Committee requests the Government to communicate progress on these issues in its next report.

Comments of the International Trade Union Confederation (ITUC). The Committee requests the Government to provide its observations on the ITUC’s 2012 comments.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 4 of the Convention. Representativeness for the purposes of collective bargaining. In its previous comments, the Committee has been referring to the need to amend section 24(3) of the Civil Service Act, which affords a privileged position to already registered associations, without providing objective and pre-established criteria for determining the most representative association in the civil service. The Committee notes that the Government indicates that the matter of amendment of section 24(3) is still under consideration, that it requires extensive continuing dialogue and that efforts will continue to be made to resolve the matter. The Committee recalls that, where there exists a trade union which enjoys preferential or exclusive bargaining rights, as in the current system, decisions concerning the most representative organization should be made by virtue of objective and pre-established criteria instead of simply giving priority to the one which was registered earlier in time, so as to avoid any opportunities for partiality or abuse. The Committee expresses the firm hope that the legislation, including section 24(3), will be modified in the near future so as to bring it into conformity with the principles of the Convention, and requests the Government to indicate any developments in this regard.

In its previous comments, the Committee also referred to the need to amend section 34 of the Industrial Relations Act (IRA) in order to ensure that, in cases in which no trade union represents the majority of workers, the minority unions can jointly negotiate a collective agreement applicable in the negotiating unit, or at least conclude a collective agreement on behalf of their own members. The Committee notes the Government’s indication that an Industrial Relations Advisory Committee was established in February 2012 in accordance with Chapter 88:01 of the IRA for the purpose of keeping the IRA under constant review. The Government indicates that the Advisory Committee has commenced its review of the IRA with a view to making proposals for its development and reform, including the amendment of any of its provisions. The Committee notes that the Government states that it has noted that it can avail itself of the technical assistance of the Office and proposes to do so as the work of the Advisory Committee proceeds and should the need arise. The Committee expresses the hope that measures will be taken in the near future to amend the legislation so as to allow minority unions in the unit to bargain collectively, at least on behalf of their own members when there is no union that represents the majority of workers. The Committee requests the Government to communicate progress on these issues in its next report.

Comments of the International Trade Union Confederation (ITUC). The Committee requests the Government to provide its observations on the ITUC’s 2012 comments.

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Article 4 of the Convention. The Committee has been referring for a number of years to the need to amend section 24(3) of the Civil Service Act that affords a privileged position to already registered associations, without providing objective and pre-established criteria for determining the most representative association in the civil service. The Committee had noted that the Government indicated that the Civil Service Act review has been in progress but is not yet complete. However, after consultation with employers’ and workers’ representative organizations, the Government has considered that the amendment of section 24(3) was not possible because of the presence of more than one association representing the seven existing classes in the civil service for the purposes of consultations and negotiation could place the employer in a difficult position. The Committee had recalled, however, that where there exists a trade union which enjoys preferential or exclusive bargaining rights, as in the current system, decisions concerning the most representative organization should be made by virtue of objective and pre-established criteria instead of simply giving priority to the one which was registered earlier in time, so as to avoid any opportunities for partiality or abuse. Noting that no information was provided in this regard, the Committee once again expresses the firm hope that the legislation will be modified in the near future, including section 24(3), so as to bring it into conformity with the principles of the Convention, and once again requests the Government to indicate any developments thereon.

In its previous comments, the Committee referred to the need to amend section 34 of the Industrial Relations Act in order to ensure that, in cases in which no trade union represents the majority of workers, the minority unions can negotiate jointly a collective agreement applicable in the negotiating unit, or at least conclude a collective agreement on behalf of their own members. The Committee had noted that the Government reiterated that the Standing Tripartite Committee on Labour Matters (a consultative body) had not been reconstituted after the expiration of its term in December 2006. The Committee notes that the Government indicates in its report that it is considering amendments to the Industrial Relations Act, Chapter 88:01, to increase the rights of workers who are currently not recognized for the purpose of collective bargaining under the Act. The Committee expresses the hope that additional concrete measures will be taken in the near future to amend the legislation so as to allow minority unions in the unit to bargain collectively, at least on behalf of their own members when there is no union that represents the majority of workers. The Committee trusts that the Government will communicate progress on these issues in its next report and recalls that it can avail itself of the technical assistance of the Office if it so wishes.

ITUC comments. The Committee had noted the comments from the International Trade Union Confederation (ITUC) dated 24 August 2010 indicating that: (i) although the law states that workers can form and join trade unions, in practice, everyone working in “essential services”, which include domestic workers, drivers, gardeners and others, are not recognized as workers under the law and therefore cannot legally join trade unions; (ii) many unions had their collective bargaining blocked by employers’ delaying tactics; and (iii) the state authorities have repeatedly refused to negotiate collective agreements with the public sector unions. Noting that no information was provided in this regard, the Committee once again requests the Government to provide its observation thereon.

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The Committee notes that the Government’s report has not been received. The Committee hopes that the Government’s report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous observation, which read as follows:

Article 4 of the Convention. Promotion of collective bargaining. The Committee has been referring for a number of years to the need to amend section 24(3) of the Civil Service Act that affords a privileged position to already registered associations, without providing objective and pre-established criteria for determining the most representative association in the civil service. The Committee had noted that the Government indicates in its report that the Civil Service Act review has been in progress but is not yet complete. However, after consultation with the employers’ and workers’ representative organizations, the Government considers that the amendment of section 24(3) is not possible at this time because the presence of more than one association representing the seven existing classes in the civil service for the purposes of consultations and negotiation could place the employer in a difficult position. The Committee had recalled, however, that where there exists a trade union which enjoys preferential or exclusive bargaining rights, as in the current system, decisions concerning the most representative organization should be made by virtue of objective and pre-established criteria instead of simply giving priority to the one which was registered earlier in time, so as to avoid any opportunities for partiality or abuse. The Committee expresses the firm hope that the legislation will be modified in the near future, including section 24(3), so as to bring it into conformity with the principles of the Convention, and requests the Government to indicate any developments thereon.

Promotion of collective bargaining. In its previous comments, the Committee referred to the need to amend section 34 of the Industrial Relations Act in order to ensure that, in cases in which no trade union represents the majority of workers, the minority unions can negotiate jointly a collective agreement applicable in the negotiating unit, or at least conclude a collective agreement on behalf of their own members. The Committee had noted that the Government reiterates that the Standing Tripartite Committee on Labour Matters (a consultative body) has not been reconstituted after the expiration of its term in December 2006. The Committee expresses the hope that concrete measures will be taken in the near future to amend the legislation so as to allow minority unions in the unit to bargain collectively, at least on behalf of their own members when there is no union that represents the majority of the workers. The Committee trusts that the Government will communicate progress on these issues in its next report and recalls that it can avail itself of the technical assistance of the Office.

ITUC comments. The Committee notes the comments from the International Trade Union Confederation (ITUC) dated 24 August 2010 indicating that: (i) although the law states that workers can form and join trade unions, in practice, everyone working in “essential services”, which include domestic workers, drivers, gardeners and others, are not recognized as workers under the law and therefore cannot legally join trade unions; (ii) many unions had their collective bargaining blocked by employers’ delaying tactics; and (iii) the state authorities have repeatedly refused to negotiate collective agreements with the public sector unions. The Committee requests the Government to provide its observation thereon.

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The Committee takes note of the comments from the Employers Consultative Association of Trinidad and Tobago, pointing out that the Committee’s comments should be balanced in order to avoid problematic interpretation. The Committee also takes note of the comments from the International Trade Union Confederation (ITUC) dated 29 August 2008, which are currently being translated.

Article 4 of the Convention. The Committee has been referring for a number of years to the need to amend section 24(3) of the Civil Service Act that affords a privileged position to already registered associations, without providing objective and pre-established criteria for determining the most representative association in the civil service. The Committee notes that the Government indicates in its report that the Civil Service Act review has been in progress but is not yet complete. However, after consultation with the employers’ and workers’ representative organizations, the Government considers that the amendment of section 24(3) is not possible at this time because the presence of more than one association representing the seven existing classes in the civil service for the purposes of consultations and negotiation could place the employer in a difficult position. The Committee recalls, however, that where there exists a trade union which enjoys preferential or exclusive bargaining rights, as in the current system, decisions concerning the most representative organization should be made by virtue of objective and pre-established criteria instead of simply giving priority to the one which was registered earlier in time, so as to avoid any opportunities for partiality or abuse. The Committee expresses the firm hope that the legislation will be modified in the near future, including section 24(3), so as to bring it into conformity with the principles of the Convention, and requests the Government to indicate any developments thereon.

Promotion of collective bargaining. In its previous comments, the Committee referred to the need to amend section 34 of the Industrial Relations Act in order to ensure that, in cases in which no trade union represents the majority of workers, the minority unions can negotiate jointly a collective agreement applicable in the negotiating unit, or at least conclude a collective agreement on behalf of their own members. The Committee notes that the Government reiterates that the Standing Tripartite Committee on Labour Matters (a consultative body) has not been reconstituted after the expiration of its term in December 2006. The Committee expresses the hope that concrete measures will be taken in the near future to amend the legislation so as to allow minority unions in the unit to bargain collectively, at least on behalf of their own members when there is no union that represents the majority of the workers. The Committee trusts that the Government will communicate progress on these issues in its next report and recalls that it can avail itself of the technical assistance of the Office.

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The Committee takes note of the Government’s report.

1. Article 4 of the Convention. The Committee’s previous comments concerned the need to amend section 24(3) of the Civil Service Act that affords a privileged position to already registered associations, without providing objective and pre-established criteria for determining the most representative association in the civil service. The Committee notes the Government’s statement to the effect that there have been no changes to section 24(3) of the Civil Service Act to date and that the Chief Personnel Officer is in the process of revising all legislation governing employment in the civil service and has been preparing a package of amendments which, when completed, will be submitted to the social partners for comments. The Committee requests the Government to ensure that its comments will be taken into consideration in this process. It expresses the hope that the legislation will be modified so as to ensure full respect for the principles of the Convention and requests the Government to provide copies of the amended texts as soon as they have been adopted.

2. Promotion of collective bargaining. In its previous comments, the Committee referred to the need to amend section 34 of the Industrial Relations Act in order to ensure that, in cases in which no trade union represents the majority of workers, the minority unions can negotiate jointly a collective agreement applicable in the negotiating unit, or at least conclude a collective agreement on behalf of their own members. The Committee notes that the Government has sought the views of the social partners on its observations through a national tripartite committee. It notes that the parties did not agree as to whether this section of the Act should be amended and that the matter is to be referred to the Standing Tripartite Committee on Labour Matters which will be required to examine the request of the Committee to amend the various sections of the Act. However, this Standing Tripartite Committee is to be reconstituted given the expiration of its term in December 2006. The Committee requests the Government to indicate in its next report any measure adopted in this respect and expresses the hope that the legislation will be modified soon in accordance with the principles of the Convention.

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The Committee notes that the Government has not provided its report.

The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU), dated 10 August 2006, referring to pending legislative issues that are already under examination.

1. Article 4 of the Convention. The Committee recalls that for several years its comments have been referring to the need to amend provisions that afford a privileged position to associations that are already registered, without providing objective and pre-established criteria for determining the most representative association in the public service (section 24(3) of the Civil Service Act). The Committee requests the Government to adopt measures as indicated above and to provide information in this respect in its next report.

2. Promotion of collective bargaining. In its previous comments, the Committee referred to the need to amend section 34 of the Industrial Relations Act (IRA) in order to ensure that, in cases in which no trade union represents the majority of workers, the minority unions can negotiate jointly a collective agreement applicable in the negotiating unit, or at least conclude a collective agreement on behalf of their own members. The Committee once again requests the Government to take the necessary measures to amend section 34 of the IRA as indicated above and to provide information in its next report on any measure adopted in this respect.

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The Committee notes the Government’s report. It further notes the comments made by the Employers’ Consultative Association of Trinidad and Tobago.

1. Article 4 of the Convention. The Committee’s previous comments concerned the need to amend provisions that afford a privileged position to already registered associations, without providing objective and pre-established criteria for determining the most representative association in the prison service and civil service. In this respect, the Committee notes with satisfaction that the Prison Service (Amendment) Act of 2000 amended section 26, as previously requested by the Committee. The Committee further notes the Government’s statement that the amendment to section 24(3) of the Civil Service Act has not been completed. The Committee requests the Government to provide a copy of the Act amending section 24 of the Civil Service Act, once it is adopted.

2. Promotion of collective bargaining. The Committee’s previous comments concerned the need to amend section 34 of the Industrial Relations Act (IRA), in order to allow a union whose members constitute the largest number of workers in a bargaining unit, even if it is unable to reach a membership of 50 per cent of the workers in that bargaining unit, to collectively negotiate employment conditions. The Committee notes that the Government reiterates its statement to the effect that section 34 of the IRA has not been amended as it promoted industrial stability and is related to recognition issues in the history of Trinidad and Tobago. No recommendation has therefore been made to change the existing law in this regard. In this respect, the Committee once again points out that, where there is a single trade union in a bargaining unit with less than the absolute majority, this type of conflict cannot arise, and where various minority unions exist, their joint participation in the bargaining process could be arranged in an equitable manner or it could be envisaged that collective agreements apply only to the members of the respective trade union. The Committee emphasizes that the requirement that a union obtain the support of an absolute majority of the workers in the bargaining unit to be granted bargaining rights means that there is a risk in practice in many cases that workers will be deprived of the benefits of collective bargaining. The Committee notes that the Employers’ Consultative Association of Trinidad and Tobago considers that section 34 of the IRA should be amended so as to bring it in line with Convention No. 98. The Committee urges the Government to take the necessary measures to ensure that this provision is amended so that, where no union represents an absolute majority of workers, the union which represents a relative majority of workers in the bargaining unit can carry out negotiations to conclude a collective agreement, at least on behalf of its own members. The Committee requests the Government to keep it informed of developments in this respect.

3. Collective bargaining in the Central Bank. The Committee had noted previously that, in May 2000, the General Workers’ Trade Union was granted recognition as a bargaining agent and it had requested the Government to provide information concerning the negotiations held and any collective agreement concluded. The Committee notes with interest that a three-year collective agreement concluded by the Central Bank of Trinidad and Tobago and the Banking, Insurance and General Workers Union is now in force.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. Absence of objective and pre-established criteria for determining the most representative association. The Committee had previously noted that, giving effect to its comments, section 26 of the Prison Service Act had been amended and it had requested a copy of the corresponding text. The Committee repeats this request. Furthermore, on the same question of the absence of criteria, the Committee had requested the amendment of section 24(3) of the Civil Service Act and the Government had indicated that the corresponding amendment was being prepared. The Committee notes that the Government reiterates its previous statements and requests it to provide copies of the amended texts as soon as they have been adopted.

2. Need to amend section 34 of the Industrial Relations Act, Chapter 88:01, in order to allow a union whose members constitute the largest number of workers in a bargaining unit, even if it is unable to reach a membership of 50 per cent of the workers in that bargaining unit, to negotiate collectively employment conditions. The Committee notes the Government’s statement to the effect that the tripartite committee established to amend the Industrial Relations Act considered that this provision should not be amended based on the belief that multiple bargaining agents would create industrial conflict in view of the culture of the country. No recommendation has therefore been made to change the existing law in this regard. In this respect, the Committee emphasizes that, where there is a single trade union in a bargaining unit with less than the absolute majority, this type of conflict cannot arise, and where various minority unions exist, their joint participation in the bargaining process could be arranged in an equitable manner or it could be envisaged that collective agreements apply only to the members of the respective trade union. The Committee recalls once again that the requirement that a union obtain the support of an absolute majority of the workers in the bargaining unit to be granted bargaining rights means that there is a risk in practice in many cases that workers will be deprived of the benefits of collective bargaining. The Committee therefore requests the Government to take the necessary measures to ensure that this provision is amended so that, where no union represents an absolute majority of workers, the union which represents a relative majority of workers in the bargaining unit can carry out negotiations to conclude a collective agreement, at least on behalf of its own members. The Committee requests the Government to keep it informed of developments in this respect.

3. Collective bargaining in the Central Bank. The Committee had noted previously that in May 2000 the General Workers’ Trade Union was granted recognition as a bargaining agent and it had requested the Government to provide information concerning the negotiations held and any collective agreement concluded. The Government indicates that this category of workers has the right to engage in collective bargaining. The Committee requests the Government to inform it of any collective agreement that has been concluded.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes the Government’s report.

1. Absence of objective and pre-established criteria for determining the most representative association. The Committee had previously noted that, giving effect to its comments, section 26 of the Prison Service Act had been amended and it had requested a copy of the corresponding text. The Committee repeats this request. Furthermore, on the same question of the absence of criteria, the Committee had requested the amendment of section 24(3) of the Civil Service Act and the Government had indicated that the corresponding amendment was being prepared. The Committee notes that the Government reiterates its previous statements and requests it to provide copies of the amended texts as soon as they have been adopted.

2. Need to amend section 34 of the Industrial Relations Act, Chapter 88:01, in order to allow a union whose members constitute the largest number of workers in a bargaining unit, even if it is unable to reach a membership of 50 per cent of the workers in that bargaining unit, to negotiate collectively employment conditions. The Committee notes the Government’s statement to the effect that the tripartite committee established to amend the Industrial Relations Act considered that this provision should not be amended based on the belief that multiple bargaining agents would create industrial conflict in view of the culture of the country. No recommendation has therefore been made to change the existing law in this regard. In this respect, the Committee emphasizes that, where there is a single trade union in a bargaining unit with less than the absolute majority, this type of conflict cannot arise, and where various minority unions exist, their joint participation in the bargaining process could be arranged in an equitable manner or it could be envisaged that collective agreements apply only to the members of the respective trade union. The Committee recalls once again that the requirement that a union obtain the support of an absolute majority of the workers in the bargaining unit to be granted bargaining rights means that there is a risk in practice in many cases that workers will be deprived of the benefits of collective bargaining. The Committee therefore requests the Government to take the necessary measures to ensure that this provision is amended so that, where no union represents an absolute majority of workers, the union which represents a relative majority of workers in the bargaining unit can carry out negotiations to conclude a collective agreement, at least on behalf of its own members. The Committee requests the Government to keep it informed of developments in this respect.

3. Collective bargaining in the Central Bank. The Committee had noted previously that in May 2000 the General Workers’ Trade Union was granted recognition as a bargaining agent and it had requested the Government to provide information concerning the negotiations held and any collective agreement concluded. The Government indicates that this category of workers has the right to engage in collective bargaining. The Committee requests the Government to inform it of any collective agreement that has been concluded.

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The Committee notes the Government’s reports.

1.  With regard to the need to amend provisions that afford a privileged position to registered associations, without providing objective and pre-established criteria for determining the most representative association (section 24(3) of the Civil Service Act, sections 26 and 28 of the Prison Service Act), the Committee notes the Government’s statement that the Tripartite Committee appointed to review the Civil Service and Prison Service Acts has recommended to the Chief Parliamentary Counsel that section 24 of the Civil Service Act be amended and that work is being carried out to prepare such amendments. Moreover, section 26 of the Prison Service Act has already been amended: the Prison Service Amendment Act, 2000 was passed in both Houses and is now awaiting assent by the President. The Committee takes due note of this information and requests the Government to supply, along with its next report, a copy of the Prison Service Amendment Act, 2000 and of the Act amending section 24 of the Civil Service Act, once adopted.

2.  With regard to the necessity of amending section 34 of the Industrial Relations Act, Chapter 88:01, in order to allow a union whose members constitute the largest number of workers in a bargaining unit even if it is unable to reach a membership of 50 per cent of the workers in that bargaining unit, to negotiate collectively employment conditions, the Committee notes the Government’s statement that the Tripartite Committee set up to review this issue has considered that this provision should not be amended since it is believed that multiple bargaining agents will create industrial conflict in the context of the culture of the country. In this regard, the Committee would point out that the requirement that a union obtain the support of an absolute majority of workers in the bargaining unit to be granted bargaining rights in practice means that there is a risk in many cases that employees will be deprived of the benefits of collective bargaining. The Committee therefore requests that the Government take the necessary measures to ensure this provision is amended so that when no union represents an absolute majority of workers, the union which represents a relative majority of workers in the bargaining unit can carry out negotiations for a collective agreement, at least on behalf of its own members. The Committee asks the Government to keep it informed of developments in this respect.

3.  With regard to the need to establish an appropriate mechanism to deal with the grievances of the Central Bank’s employees, the Committee understands that section 20 of the Central Bank Act, Chapter 79:02 as amended by Act No. 23 of 1994, establishes a mechanism for the settlement of disputes between the Central Bank and its employees according to which the Minister of Labour has the power to refer disputes to a special tribunal whose decision is final (see sections 20E and 20F of Act No 23 of 1994). The Committee had found it difficult to reconcile such ministerial intervention with the principle of the voluntary nature of negotiation recognized by Article 4. The Government indicates in this regard that the Tripartite Committee established by Cabinet has concluded that there is no need to amend this aspect of the law since the unions likely to represent these workers can pursue the option of recognition and have the right to collective bargaining under the law. In this respect, the Government adds that the General Workers’ Trade Union was granted recognition as the bargaining agent for Central Bank employees on 8 May 2000. Since then, the union has submitted proposals to the bank for a new collective agreement. The Committee takes note of this recent development and requests the Government to keep it informed of the outcome of negotiations, and in the event of agreement between the Central Bank and the union, to transmit a copy of the new collective agreement.

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The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

1. With regard to the need to amend provisions that afford a privileged position to registered associations, without providing objective and pre-established criteria for determining the most representative association (sections 24(3) of the Civil Service Act, and 26 of the Prison Service Act), the Committee notes that according to the Government's report, section 26 of the Prison Service Act will be repealed. The Committee recalls that the procedure for recognizing unions as exclusive bargaining agents should provide for specific safeguards (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 240). The Committee requests the Government to indicate in its report the outcome of the work of the tripartite committee appointed to review the Civil Service and Prison Service Acts. 2. With regard to the necessity to amend section 34 of the Industrial Relations Act, Chapter 88:01, in order to allow a union whose members constitute the largest number of workers in a bargaining unit even if it is unable to reach a membership of 50 per cent of the workers in that bargaining unit, to negotiate collectively employment conditions, and to give to minority unions the right to pursue individual grievances at least on behalf of their members, the Committee notes that the tripartite committee set up to review the Industrial Relations Act has been set up to actively consider the comments of the Committee of Experts. It requests the Government to inform it of developments concerning the work of the abovementioned tripartite committee. 3. With regard to the need to establish an appropriate mechanism to deal with the grievances of the Central Bank's employees, the Committee understands that section 20 of the Central Bank Act, Chapter 79:02 as amended by Act No. 23 of 1994, establishes a mechanism for the settlement of disputes between the Central Bank and its employees according to which the Minister of Labour has the power to refer disputes to a special tribunal whose decision is final (see paragraphs (e) and (f) of the said section). The Committee had found it difficult to reconcile such ministerial intervention with the principle of the voluntary nature of negotiation recognized by Article 4. The Committee notes that its views have been transmitted to the tripartite committee set up to review the Industrial Relations Act, and requests the Government to keep it informed in this respect. 4. The Committee requests the Government to take the necessary measures to bring its legislation into conformity with the Convention and to keep it informed in its next report in this regard.

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The Committee takes note of the information provided by the Government in its report according to which the tripartite committee appointed to review the Industrial Relations Act, Chapter 88:01 submitted its report to the Cabinet but that no further action has yet been taken. For its part, the tripartite committee appointed to review all service acts (Civil Service Act, Fire Service Act and Prison Service Act) is examining the comments of the Committee of Experts.

The Committee recalls its previous observation which addressed the following issues.

1. With regard to the need to amend provisions that afford a privileged position to registered associations, without providing objective and pre-established criteria for determining the most representative association (sections 24(3) of the Civil Service Act, 28 of the Fire Service Act and 26 of the Prison Service Act), the Committee notes that according to the Government's report, section 28 of the Fire Service Act has been repealed by virtue of Act No. 10 of 1997 and that similar action will be taken with respect to the Prison Service Act. The Committee recalls that the procedure for recognizing unions as exclusive bargaining agents should provide for specific safeguards such as, inter alia (a) the certification to be made by an independent body; (b) the representative organization to be chosen by a majority vote of the employees in the unit concerned; (c) the right of an organization, which in a previous trade union election failed to secure a sufficiently large number of votes, to request a new election after a stipulated period; (d) the right of any new organization other than the certified organization to demand a new election after a reasonable period has elapsed (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 240). The Committee requests the Government to indicate in its report the outcome of the work of the tripartite Committee appointed to review the Civil Service and Prison Service Acts.

2. With regard to the necessity to amend section 34 of the Industrial Relations Act, Chapter 88:01, in order to allow a union whose members constitute the largest number of workers in a bargaining unit even if it is unable to reach a membership of 50 per cent of the workers in that bargaining unit, to negotiate collectively employment conditions, and to give to minority unions the right to pursue individual grievances at least on behalf of their members, the Committee notes that the Tripartite Committee set up to review the Industrial Relations Act has been set up to actively consider the comments of the Committee of Experts. It requests the Government to indicate in its next report the measures taken to bring the legislation into conformity with the requirements of Article 4 of the Convention. It also requests the Government to inform it of developments concerning the work of the above-mentioned Tripartite Committee.

3. With regard to the need to establish an appropriate mechanism to deal with the grievances of the Central Bank's employees, the Committee understands that section 20 of the Central Bank Act, Chapter 79:02 as amended by Act No. 23 of 1994, establishes a mechanism for the settlement of disputes between the Central Bank and its employees according to which the Minister of Labour has the power to refer disputes to a special tribunal whose decision is final (see paragraphs (e) and (f) of the said section). The Committee had found it difficult to reconcile such ministerial intervention with the principle of the voluntary nature of negotiation recognized by Article 4 and was of the opinion that whatever mechanism of settlement of disputes was adopted, its objective should be to encourage free and voluntary collective bargaining, so it should incorporate the possibility of suspending compulsory arbitration if the parties wanted to resume negotiations. The Committee notes that its views have been transmitted to the Tripartite Committee set up to review the Industrial Relations Act, and requests the Government to keep it informed in this respect.

4. The Committee requests the Government to take the necessary measures to bring its legislation into conformity with the Convention and to keep it informed in its next report in this regard.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. With regard to the need to amend provisions that afford a privileged position to registered associations, without providing objective and pre-established criteria for determining the most representative association (sections 24(3) of the Civil Service Act, 28 of the Fire Service Act and 26 of the Prison Service Act), the Government indicates in its report that the work of the tripartite committee which was appointed to review all the Service Acts and their relevant regulations is still continuing and that no Bill has yet been promulgated. The Committee points out that the procedure for recognizing unions as exclusive bargaining agents should provide for specific safeguards and requests the Government to indicate in its next report the outcome of the work of the tripartite committee and to provide information on the measures taken in order to bring its legislation into conformity with the Convention (see paragraph 240 of the 1994 General Survey on freedom of association and collective bargaining). 2. With regard to the necessity to amend section 34 of the Industrial Relations Act, chap. 88:01, in order to allow a union whose members constitute the largest number of workers in a bargaining unit even if it is unable to reach a membership of 50 per cent of the workers in that bargaining unit, to negotiate collectively employment conditions, and to give to minority unions the right to pursue individual grievances at least on behalf of their members, the Committee notes from the information provided by the Government in its report that a tripartite committee was appointed to review the Industrial Relations Act and that its deliberations are still continuing. The Committee requests the Government to provide in its next report information on the outcome of the work of the tripartite committee and on measures taken to bring the legislation into conformity with the requirements of Article 4 of the Convention. 3. With regard to the need to establish an appropriate mechanism to deal with the grievances of the Central Bank's employees, the Committee notes from the Government's report that the Central Bank Act, chap. 79:02 has been amended by Act No. 23 of 1994 which entered into force on 1 December 1994. Section 20 of the Central Bank Act was amended so as to establish a mechanism of settlement of disputes between the Central Bank and its employees. The Committee understands that, pursuant to paragraphs (e) and (f) of the said section, the Minister of Labour has the power to refer disputes to a special tribunal whose decision is final. The Committee finds it difficult to reconcile such intervention with the principle of the voluntary nature of negotiation recognized by Article 4 and is of the opinion that whatever mechanism of settlement of disputes is adopted, its objective should be to encourage free and voluntary collective bargaining, so it should incorporate the possibility of suspending compulsory arbitration if the parties want to resume negotiations. The Committee therefore requests the Government to consider taking the necessary measures to bring its legislation into conformity with the Convention and to keep it informed in its next report on the application in practice of such mechanism of settlement of disputes.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee takes note of the Government's report.

1. With regard to the need to amend provisions that afford a privileged position to registered associations, without providing objective and pre-established criteria for determining the most representative association (sections 24(3) of the Civil Service Act, 28 of the Fire Service Act and 26 of the Prison Service Act), the Government indicates in its report that the work of the tripartite committee which was appointed to review all the Service Acts and their relevant regulations is still continuing and that no Bill has yet been promulgated. The Committee points out that the procedure for recognizing unions as exclusive bargaining agents should provide for specific safeguards and requests the Government to indicate in its next report the outcome of the work of the tripartite committee and to provide information on the measures taken in order to bring its legislation into conformity with the Convention (see paragraph 240 of the 1994 General Survey on freedom of association and collective bargaining).

2. With regard to the necessity to amend section 34 of the Industrial Relations Act, chap. 88:01, in order to allow a union whose members constitute the largest number of workers in a bargaining unit even if it is unable to reach a membership of 50 per cent of the workers in that bargaining unit, to negotiate collectively employment conditions, and to give to minority unions the right to pursue individual grievances at least on behalf of their members, the Committee notes from the information provided by the Government in its report that a tripartite committee was appointed to review the Industrial Relations Act and that its deliberations are still continuing. The Committee requests the Government to provide in its next report information on the outcome of the work of the tripartite committee and on measures taken to bring the legislation into conformity with the requirements of Article 4 of the Convention.

3. With regard to the need to establish an appropriate mechanism to deal with the grievances of the Central Bank's employees, the Committee notes from the Government's report that the Central Bank Act, chap. 79:02 has been amended by Act No. 23 of 1994 which entered into force on 1 December 1994. Section 20 of the Central Bank Act was amended so as to establish a mechanism of settlement of disputes between the Central Bank and its employees. The Committee understands that, pursuant to paragraphs (e) and (f) of the said section, the Minister of Labour has the power to refer disputes to a special tribunal whose decision is final. The Committee finds it difficult to reconcile such intervention with the principle of the voluntary nature of negotiation recognized by Article 4 and is of the opinion that whatever mechanism of settlement of disputes is adopted, its objective should be to encourage free and voluntary collective bargaining, so it should incorporate the possibility of suspending compulsory arbitration if the parties want to resume negotiations. The Committee therefore requests the Government to consider taking the necessary measures to bring its legislation into conformity with the Convention and to keep it informed in its next report on the application in practice of such mechanism of settlement of disputes.

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The Committee notes with regret that for the second year in succession the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee noted the Government's communication of April 1991, whereby it indicated that, within the context of the current revision of the Central Bank Act, 1964, consideration was to given to the establishment of an appropriate mechanism to deal with the grievances of the Central Bank's employees, in the light of the representations made by the Staff Association of the Central Bank of Trinidad and Tobago. The Committee requests once again the Government to keep it informed of the developments in this respect. The Committee also referred to the comments it has been making since 1973 on the necessity to amend section 34 of the Industrial Relations Act, in order to allow minority unions unable to reach a membership of 50 per cent of the workers in a bargaining unit, to negotiate collectively employment conditions and to have the right to pursue individual grievances at least on behalf of their members. In its previous observation, the Committee noted that the Government proposed to solicit the views of the social partners on this matter and would keep the ILO informed. The Committee requests once again the Government to provide in its next report information on the result of said consultations and on any development in that respect, including measures taken by the Government to bring its legislation into conformity with the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee noted the Government's communication of April 1991, whereby it indicated that, within the context of the current revision of the Central Bank Act, 1964, consideration was to given to the establishment of an appropriate mechanism to deal with the grievances of the Central Bank's employees, in the light of the representations made by the Staff Association of the Central Bank of Trinidad and Tobago. The Committee requests once again the Government to keep it informed of the developments in this respect. The Committee also referred to the comments it has been making since 1973 on the necessity to amend section 34 of the Industrial Relations Act, in order to allow minority unions unable to reach a membership of 50 per cent of the workers in a bargaining unit, to negotiate collectively employment conditions and to have the right to pursue individual grievances at least on behalf of their members. In its previous observation, the Committee noted that the Government proposed to solicit the views of the social partners on this matter and would keep the ILO informed. The Committee requests once again the Government to provide in its next report information on the result of said consultations and on any development in that respect, including measures taken by the Government to bring its legislation into conformity with the Convention.

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The Committee notes the Government's communication of April 1991, whereby it indicates that, within the context of the current revision of the Central Bank Act, 1964, consideration will be given to the establishment of an appropriate mechanism to deal with the grievances of the Central Bank's employees, in the light of the representations made by the Staff Association of the Central Bank of Trinidad and Tobago. The Committee takes note with interest of this information and requests the Government to keep it informed of the developments in this respect.

The Committee also refers to the comments it has been making since 1973 on the necessity to amend section 34 of the Industrial Relations Act, in order to allow minority unions unable to reach a membership of 50 per cent of the workers in a bargaining unit, to negotiate collectively employment conditions and to have the right to pursue individual grievances at least on behalf of their members. In its previous observation, the Committee noted that the Government proposed to solicit the views of the social partners on this matter and would keep the ILO informed. The Committee, once again, takes note of this commitment and requests the Government to provide in its next report information on the result of said consultations and on any development in that respect, including measures taken by the Government to bring its legislation into conformity with the Convention.

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The Committee notes the information provided by the Government in its report, as well as the comments made by the Staff Association of the Central Bank of Trinidad and Tobago (CBSA).

1. Referring to the comments it has been making since 1973 on the necessity to amend section 34 of the Industrial Relations Act, in order to allow minority unions, unable to reach a membership of 50 per cent of the workers in a bargaining unit, to negotiate collectively employment conditions and to have the right to pursue individual grievances at least on behalf of their members, the Committee observes that the Government proposes to solicit the views of the social partners on the matter and will keep the ILO informed.

The Committee takes note of this commitment and requests the Government to provide in its next report information on the result of those consultations and on any development in that respect, including measures taken by the Government to bring its legislation into conformity with the Convention.

2. The Committee notes that, according to the CBSA, the majority of the Central Bank employees are denied access to independent third party arbitration, no meaningful collective bargaining takes place in this institution and there have been many instances of intimidation and victimisation of the union executives.

The Committee recalls that, under Article 4 of the Convention, measures must be taken by the authorities to encourage and promote the full development and utilisation of machinery for voluntary negotiation, with a view to regulating terms and conditions of employment by means of collective agreements.

The Committee invites the Government to communicate its comments on this matter and to provide copies of the relevant legislation, as well as information on the practical operation of the collective bargaining machinery in the Central Bank.

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Following the comments it has been making since 1973, the Committee requested the Government in its last observation to indicate the measures taken or envisaged to amend section 34 of the Industrial Relations Act in order to allow minority unions who have not been able to reach a membership of 50 per cent of the workers in the unit to negotiate collectively conditions of employment, at least on behalf of their own members.

The Committee notes with regret that the Government merely answers that, at this stage of the country's socio-economic development, the granting of representational rights to minority unions is not necessarily in the best interests of collective bargaining, and that fragmentation of union representation could create problems of inter-union rivalry and costly work stoppages.

As regards the Government's argument (presumably based on section 48(1)(c) of the Act) that a majority group of workers could be compelled, in certain cases, to accept the terms and conditions of a subsisting collective agreement negotiated by a minority union, the Committee considers that this would be only a transitional situation and that the union which succeeds in rallying more workers will most likely be in a favourable bargaining position to negotiate a better collective agreement at the following negotiation session.

With respect to the acceptable minimum percentage of workers to enable a non-majority union to bargain collectively, the potential problem of several minority unions seeking to bargain collectively in respect of workers belonging to a single bargaining unit does not constitute per se an absolute bar to granting negotiating rights to such unions.

The Committee can only request the Government once more to indicate in its next report the measures taken or envisaged to ensure that a union whose members constitute the largest number of workers in a bargaining unit, even if these do not amount to 50 per cent of the workers, is granted the right to negotiate collectively conditions of employment, and that minority unions have the right to pursue individual grievances on behalf of their members.