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

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

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.