Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019. The Committee notes that, in the first part of its observations, ITUC raises legislative aspects examined by the Committee in the present observation and that, in the second part, ITUC makes reference to allegations of refusal from several employers to negotiate with unions and of anti-union dismissals in a state telecommunications company. The Committee requests the Government to provide its comments on the observations mentioned above.

Workers covered by the Convention. In its previous comments the Committee requested the Government to indicate the manner in which the categories of workers excluded from the Industrial Relations Act (IRA), such as members of the teaching service or employed in a teaching capacity by a university or other institution of higher learning, apprentices, domestic workers, members of staff or employee of the Central Bank, and persons in enterprises with policy and other managerial responsibilities, enjoy the guarantees under the Convention. The Committee notes the Government’s indication that this matter is present in the New Draft Policy Paper for the Amendment of the IRA, currently under discussion in the Cabinet, as consideration is being given to extend the scope of workers to include classes of persons now excluded by virtue of section 2(3). The Committee further notes the Government’s statement that some of the abovementioned categories of workers exercise in practice the right to collective, giving the example of two unions (Trinidad and Tobago Unified Teachers Association, the West Indies Group of University Teachers) that cover members of teaching service or employed in a teaching capacity by a university or other institution of higher learning, and one (Banking Insurance and General Workers Union) which covers workers of the Central Bank of Trinidad and Tobago. While taking due note of the information provided by the Government, the Committee hopes that the amendment of section 2(3) of the IRA will be completed in the near future so as to bring it into conformity with the Convention.

Article 4 and 6 of the Convention. Representativeness for the purposes of collective bargaining. In its previous comments, the Committee referred 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 the Government’s indication that the amendment of section 24(3) of the Civil Service Act along the lines suggested by the Committee could lead to inter-union rivalry, disruption in work and loss of productivity, which could negatively impact the stable industrial relations climate that currently exists, and for this reason is no longer under consideration. In these circumstances, recalling that the Convention is compatible with systems where the most representative union enjoys preferential or exclusive bargaining rights, the Committee once again underlines that decisions concerning the most representative organization should be made by virtue of objective and pre-established criteria so as to avoid any opportunities for partiality or abuse. Highlighting that the Government may avail itself of the technical assistance of the Office, the Committee thus reiterates its firm hope that, in consultation with the representative unions, section 24(3) of the Civil Service Act will be modified in the near future so as to bring it into conformity with the Convention. The Committee 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 IRA, which provides that in order to be recognized as a collective bargaining agent, a trade union should represent 50 per cent of the workers in the bargaining unit. The Committee recalls 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. The Committee notes the Government’s indication that the Industrial Relations (Amendment) Bill, introduced in 2015, lapsed and has been replaced by a new Draft Policy Paper for the Amendment of the IRA, which was submitted to Cabinet in January 2017 and is currently under consideration, having been referred to the National Tripartite Advisory Council (NTAC). Given the time that has elapsed since its first observation regarding this matter, the Committee firmly hopes that the amendment of the IRA will be soon completed taking into account the Committee’s observations and that measures will be taken to ensure 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 are able to negotiate, jointly or separately, at least on behalf of their own members. The Committee requests the Government to provide a copy of the Bill and to indicate any progress made in this respect.