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

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

Article 2 of the Convention. Protection against acts of employer interference. In its previous comments, the Committee had 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 that the Labour Law Reform Committee (LLRC) – a subcommittee of the Labour Advisory Council under the direction of the Minister of Home Affairs – concluded in February 2018 its review of all labour legislation (the Employment Act, the Labour Relations Act, the Labour Disputes Act and the Trade union Act) and considered that all Bermuda labour laws should be codified into one piece of legislation to be known as the Labour Law Act, in order to simplify the laws and avoid any conflicting provisions. A policy document containing the recommendations of the LLRC was submitted to the Minister of Home Affairs for consideration. The Committee notes that the Government does not indicate whether these recommendations address its previous comments. The Committee requests the Government to provide a copy of the policy document referred to and expresses the firm hope that it will be in a position to note progress in the near future concerning the adoption of measures to further protect against any possible employer intimidation or interference in respect of union certification or decertification.

Article 4. Collective bargaining by management personnel. In its previous comments, the Committee had taken note of a 2014 Supreme Court decision according to which: (i) section 30A of the Trade Union Act hinders management personnel from engaging in collective bargaining with their employers under the statutory framework of compulsory recognition of collective bargaining agents; and (ii) management personnel are nevertheless free to engage in voluntary collective bargaining with their employers outside the statutory framework. The Committee had recalled that the Committee on Freedom of Association had noted in this regard that, while it was clear that management personnel could not be represented by a union certified as an exclusive bargaining agent under the Trade Union Act, the exclusion only concerned the statutory system of compulsory recognition of collective bargaining agents and did not call into question the rights of management personnel to engage in negotiations existing under the voluntary system, nor their right to organize generally as workers under the Trade Union Act. The Committee notes that the Government indicates that the LLRC has reviewed the labour law in force, including the Trade Union Act and the case law pertaining to the exercise of collective bargaining by management personnel and drafted a policy document with recommendations in light of the 2014 Supreme Court decision – document which is before the Minister of Home Affairs for consideration. Recalling once again that only the police, the armed forces and public servants engaged in the administration of the State may be excluded from the obligation to promote the full development and utilization of machinery for voluntary collective negotiation set out in Article 4 of the Convention, the Committee trusts that the Government will ensure that the right to collective bargaining of management personnel will be fully respected by the legislative measures currently being envisaged and requests it to provide information on any developments on this matter, including a copy of the recommendations referred to.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.