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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bahamas (Ratification: 1976)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee welcomes the adoption of the National Tripartite Council Act, 2015, aimed at improving the collective bargaining machinery and efficiency of collective agreements, as well as the first meeting of the National Tripartite Council, in which the Government and the social partners discussed matters pertinent to the welfare of workers.

The Committee notes the Government’s indication that the most recent amendment to the Industrial Relations Act (IRA) occurred in 2012, and observes with regret that it does not address the concerns raised in its previous observation.

Article 2 of the Convention. Adequate protection against acts of interference. In its previous comments, the Committee requested the Government to take the necessary measures for the adoption of legislative provisions to protect workers’ and employers’ organizations against acts of interference by each other or each other’s agents, accompanied by effective and sufficiently dissuasive sanctions. The Committee notes that the Government merely reiterates that the IRA is designed to prevent the risk of interference and provide protection to workers and union organizations against such acts. The Committee requests the Government to take the necessary measures to review the IRA with a view to giving effect to Article 2 of the Convention without further delay, and to provide information on any developments in this regard.

Article 4. Representativeness. The Committee had previously commented on the requirement to represent 50 per cent of workers of the bargaining unit to be recognized for bargaining purposes (section 41 of the IRA). The Committee reiterates that under a system of the designation of an exclusive bargaining agent, if no union represents the required percentage of workers to be declared the exclusive bargaining agent, collective bargaining rights should be granted to all the unions in the unit, jointly or separately, at least on behalf of their own members. The Committee requests the Government once again to take the necessary measures to review the IRA so as to bring it into line with the Convention.

Right of prison guards to bargain collectively. In its previous comments, the Committee requested the Government to indicate whether the Bahamas Prison Officers Association (BPOA) enjoyed the collective bargaining rights under the Convention, and, if so, to provide a copy of a collective agreement to which this organization was a signatory or to indicate whether discussions or negotiations were under way. The Committee notes the Government’s reference to the Correctional Officers (Code of Conduct) Rules, 2014, which allow the BPOA to make representations to the Commissioner of the Department of Correctional Services in matters relating to the conditions and welfare of officers as a group (sections 39–40). Noting that these provisions do not appear to provide collective bargaining rights to the BPOA, the Committee recalls that the right to bargain collectively also applies to prison staff, and that under this Convention the establishment of simple consultation procedures for public servants who are not engaged in the administration of the State is not sufficient. The Committee requests the Government to take the necessary measures, including legislative, to ensure that prison guards can fully enjoy the rights and guarantees set out in the Convention and provide information on any developments in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.