Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bermuda

Article 2 of the Convention. Protection against employer’s interference. In its previous comments, the Committee requested the Government to indicate any measures taken or envisaged to protect against any possible employer intimidation or interference in respect of union certification or decertification. The Committee notes that the Government indicates in its report that in addition to doubling the number of Labour Relations Officers, the Department of Labour and Training continues to work with all of its social partners to proactively protect against employer intimidation and/or interference in respect of union certification and decertification. In addition, the Labour Advisory Council, which is chaired by the minister responsible for labour, meets quarterly and provides an opportunity and a forum for the Labour Relations Officers, the unions and/or the employers to discuss any concerns or issues. The Committee requests the Government to indicate any measures taken by the Labour Advisory Council to further protect against any possible employer intimidation or interference in respect of union certification or decertification.

Article 4. Coverage of management personnel. In its previous comments, the Committee requested the Government to indicate any measures taken or envisaged to include management personnel within the scope of the Trade Union Act so as to guarantee them the rights established by the Convention, in particular the right to collective bargaining. The Committee observes that according to the Government: (i) every worker has a right to belong to a union as prescribed by article 10(1) of the Constitution, therefore including management personnel; (ii) management personnel can be placed within a specific bargaining unit if there is agreement between the parties that collective bargaining agreement representation be installed; (iii) if a union has historically represented management personnel in an organization, then unless there are exceptional circumstances why recognition should be denied, then the Department of Labour and Training should use the weight of their department to facilitate the employer recognizing the union; (iv) the Labour Advisory Council agreed to this way forward, wherein the Department of Labour and Training will “cause” employers to recognize unions where it is appropriate to do so; and (v) the Department of Labour and Training will facilitate the process already in place for rights to recognition, in a way that is inclusive of management personnel. The Committee takes due note of this information.