Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 2 of the Convention. Protection against employer interference. In its previous comments, the Committee requested 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. The Committee notes that the Government indicates in its report that: (1) the Labour Advisory Council is in the process of being consulted regarding the upgrading of policy which is aimed to assist the certification process mandated by the Trade Union Act 1965; (2) the issues being addressed involve the disclosure of information which is required in the application for certification for a given employer and the opportunity for possible intimidation by an employer of those workers supporting union certification; (3) the alternative being explored is to have sworn affidavits to replace the need to produce receipts indicating union dues or a list of names of persons in support; and (4) another aspect being explored is to speed up the process of certification which will assist with maintaining a sense of security. The Committee also notes that, according to the Government, the various parties are proving feedback and the process will continue and hopefully be concluded at the next quarterly meeting of the Council. The Committee requests the Government to provide information on any development in this regard.