Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 4 of the Convention. Promotion of collective bargaining. In its previous comment, the Committee had observed that sections 163–185 of the Labour Code set out a system of exclusive bargaining agents for unions supported by more than 50 per cent of the employees in the respective bargaining units. The Committee had requested the Government to take any necessary measures to amend the Labour Code so as to ensure that the 50 per cent threshold does not constitute an obstacle to the promotion of free and voluntary collective bargaining. The Committee notes that the Government indicates that: (i) for the past 23 years, there have been only two registered trade unions in Montserrat, representing respectively the government workers and the teachers; (ii) these two unions meet the minimum requirements set out in the Labour Code; (iii) the largest private sector company employs approximately 70 workers and 80 per cent of private companies in Montserrat employ less than ten workers; (iv) there is currently no trade union representation in the private sector; and (v) the Government is in the process of amending the Labour Code and will seek to include the request of the Committee.

The Committee takes due note of the information provided by the Government and recalls that the determination of the threshold of representativeness to designate an exclusive agent for the purpose of negotiating collective agreements which are destined to be applied to all workers in a sector or establishment is compatible with the Convention in so far as the required conditions do not constitute an obstacle to the promotion of free and voluntary collective bargaining in practice. In this regard, the Committee considers 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. Emphasizing that the existing requirements for bargaining collectively may not ease the establishment of trade unions, the Committee therefore requests the Government to take the necessary measures to amend the Labour Code in order to ensure that if there is no union representing the required percentage to be designated as the collective bargaining agent, collective bargaining rights are granted to the existing unions, jointly or separately, at least on behalf of their own members. The Committee hopes that the Government will soon be able to indicate progress in this regard.