Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Grenada (Ratification: 1994)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3 of the Convention. Essential services and compulsory arbitration. The Committee had noted in its previous comments that section 46 of the Labour Relations Act grants the Minister the power to refer to compulsory arbitration disputes in essential services and that the second schedule to this Act, which establishes the essential services, includes sanitation, seaport and dock services. The Committee had recalled that it does not consider sanitation, seaport and dock services to be essential in the strict sense of the term – that is to say, services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee had noted the Government’s information that the above-mentioned section would be revised but that, given the nature of the country as an island, the Government is of the view that seaports and airports are essential services since there are no alternatives in the case of any eventuality. The Committee notes the Government’s information that this matter was discussed with the Labour Advisory Board, and it was the view that essential services remain as is set out in the second schedule of the Labour Relations Act. Recalling that a minimum service, ensuring that users’ basic needs are met and that facilities operate safely or without interruption, could be appropriate as an alternative in these situations, the Committee requests the Government to continue reviewing the matter with the most representative workers’ and employers’ organizations with a view to a possible revision of the second schedule of the Labour Relations Act in light of the Committee’s comments.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 2 of the Convention. Minimum membership requirements for employers’ and workers’ organizations. In its previous comments, the Committee had requested the Government to take measures to reduce the number of members (ten) required for the registration of an employers’ organization (sections 5(2) and 9(1)(e) of the Labour Relations Act of 1999). The Committee had recalled that the minimum requirement of ten employers to form an employers’ organization was excessive and capable of hindering the creation of employers’ organizations, particularly given the country’s relatively small size. The Committee had noted the Government’s indication that the Labour Relations Act was in the process of being revised, including with respect to a reduction of the employer organizations’ membership requirement from ten to three. The Committee notes the Government’s indication that the Labour Relations Act is still before the Labour Advisory Board for finalization. As to workers organizations, the Committee had noted the Government’s indication that the minimum membership requirement for the registration of a trade union was of seven members, but observed that sections 5(1) and 9(1)(e) of the Labour Relations Act provide for a minimum membership of 25 members for the registration of a trade union. The Committee had requested the Government to indicate whether these provisions had been amended, and noted the Government’s reply that the two provisions were being reviewed. The Committee notes the Government’s indication that the matter will be discussed in the ongoing consultations on the Labour Relations Act, which is currently under review by the Labour Advisory Board.

Recalling the importance of ensuring that the minimum membership number for employers’ and workers’ organizations be fixed in a reasonable manner so that the establishment of organizations is not hindered, and that the Government has been referring to related revisions of the Labour Relations Act in its reports dating back to 2015, the Committee urges the Government to provide information as to the result of the legislative revision process in this respect.

Prison officers. The Committee had noted in its previous comments the Government’s indication that prison officers were prevented from joining organizations of their own choosing. The Committee had recalled that, in accordance with Article 2 of the Convention, the right to establish and join occupational organizations should be guaranteed for all public servants and officials, and that, under Article 9(1) of the Convention, the only authorized exceptions from the scope of application of the Convention are members of the police and the armed forces. The Committee notes the Government’s indication that an organization represents the prison officers and negotiates on their behalf.  The Committee requests the Government to provide detailed information in this regard, including the applicable legal provisions guaranteeing that prison officers benefit from the rights and guarantees set out in the Convention and the results of any negotiations by the identified organization on behalf of prison officers.

The Committee trusts that the revision of the Labour Relations Act will soon be completed and will take fully into account the above-mentioned considerations to ensure conformity with the Convention. It requests the Government to provide a copy of the revised Act once adopted.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 2 of the Convention. Minimum membership requirements for employers’ organizations. In its previous comments, the Committee had requested the Government to take measures to reduce the number of members (ten) required for the registration of an employers’ organization (sections 5(2) and 9(1)(e) of the Labour Relations Act of 1999). The Committee had recalled that the minimum requirement of ten employers to form an employers’ organization was excessive and capable of hindering the creation of employers’ organizations, particularly given the relatively small size of the country. The Committee notes with interest that the Government states in its report that the Labour Relations Act is in the process of being revised, including as to a reduction of the employer organizations’ membership requirement from ten to three. The Committee requests the Government to provide information as to the result of the revision process.

Minimum membership requirements for workers’ organizations. The Government had indicated in an earlier report that the minimum membership requirement for the registration of a trade union is seven members. On the other hand, the Committee had observed in its previous observation that sections 5(1) and 9(1)(e) of the Labour Relations Act provide for a minimum membership of 25 members for the registration of a trade union. Consequently, the Committee had requested the Government to indicate whether these provisions had been amended. The Committee notes that the Government acknowledges that the two provisions are being reviewed as part of the revision of the Labour Relations Act, but provides no indication as to whether the revisions envisaged include the lowering of the minimum membership requirement for trade unions. Recalling the importance of ensuring that the minimum membership number be fixed in a reasonable manner so that the establishment of organizations is not hindered, the Committee requests the Government to discuss this matter with the social partners and to provide information as to the result of the legislative revision process in this respect.

Prison officers. The Committee had noted in its previous comments the Government’s indication that prison officers were prevented from joining organizations of their own choosing. The Committee had recalled that, in accordance with Article 2 of the Convention, the right to establish and join occupational organizations should be guaranteed for all public servants and officials, and that, under Article 9(1) of the Convention, the only authorized exceptions from the scope of application of the Convention concern members of the police and the armed forces. The Committee observes that the Government’s report contains no comments on this matter. The Committee once again requests the Government to take the necessary measures to ensure that prison officers benefit from the rights and guarantees provided for in the Convention, and to provide information on any developments in this regard.

Article 3. Compulsory arbitration. The Committee had noted in its previous comments that section 46 of the Labour Relations Act grants the Minister the power to refer to compulsory arbitration disputes in essential services, and that the second schedule to this Act, which establishes the essential services, includes sanitation, seaport and dock services. The Committee had recalled that it did not consider sanitation, seaport and dock services to be essential in the strict sense of the term – that is to say, services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee notes that the Government states that the above-mentioned section will be revised but that, given the nature of the country as an island, the Government is of the view that seaports and airports are essential services, since there are no alternatives in the case of any eventuality. The Committee recalls again that a minimum service could be appropriate as a possible alternative in these situations, bearing in mind that a substantial restriction or total prohibition of the right to strike would not appear to be justified and that, without calling into question the right to strike of a large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption. The Committee further recalls that workers’ organizations should be able to participate in defining such a service in the same way as employers and the public authorities. The Committee requests the Government to discuss this matter with the social partners and to provide information on developments in this regard.

The Committee trusts that the revision of the Labour Relations Act will soon be completed and will take fully into account the above-mentioned principles to ensure conformity with the Convention. The Committee requests the Government to provide a copy of the revised Labour Relations Act once adopted.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 2 of the Convention. Minimum membership requirements for employers’ organizations. In its previous comments, the Committee had requested the Government to take measures to reduce the number of members (ten) required for the registration of an employers’ organization (sections 5(2) and 9(1)(e) of the Labour Relations Act of 1999). The Committee had recalled that the minimum requirement of ten employers to form an employers’ organization was excessive and capable of hindering the creation of employers’ organizations, particularly given the relatively small size of the country. The Committee notes with interest that the Government states in its report that the Labour Relations Act is in the process of being revised, including as to a reduction of the employer organizations’ membership requirement from ten to three. The Committee requests the Government to provide information as to the result of the revision process.

Minimum membership requirements for workers’ organizations. The Government had indicated in an earlier report that the minimum membership requirement for the registration of a trade union is seven members. On the other hand, the Committee had observed in its previous observation that sections 5(1) and 9(1)(e) of the Labour Relations Act provide for a minimum membership of 25 members for the registration of a trade union. Consequently, the Committee had requested the Government to indicate whether these provisions had been amended. The Committee notes that the Government acknowledges that the two provisions are being reviewed as part of the revision of the Labour Relations Act, but provides no indication as to whether the revisions envisaged include the lowering of the minimum membership requirement for trade unions. Recalling the importance of ensuring that the minimum membership number be fixed in a reasonable manner so that the establishment of organizations is not hindered, the Committee requests the Government to discuss this matter with the social partners and to provide information as to the result of the legislative revision process in this respect.

Prison officers. The Committee had noted in its previous comments the Government’s indication that prison officers were prevented from joining organizations of their own choosing. The Committee had recalled that, in accordance with Article 2 of the Convention, the right to establish and join occupational organizations should be guaranteed for all public servants and officials, and that, under Article 9(1) of the Convention, the only authorized exceptions from the scope of application of the Convention concern members of the police and the armed forces. The Committee observes that the Government’s report contains no comments on this matter. The Committee once again requests the Government to take the necessary measures to ensure that prison officers benefit from the rights and guarantees provided for in the Convention, and to provide information on any developments in this regard.

Article 3. Compulsory arbitration. The Committee had noted in its previous comments that section 46 of the Labour Relations Act grants the Minister the power to refer to compulsory arbitration disputes in essential services, and that the second schedule to this Act, which establishes the essential services, includes sanitation, seaport and dock services. The Committee had recalled that it did not consider sanitation, seaport and dock services to be essential in the strict sense of the term – that is to say, services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee notes that the Government states that the abovementioned section will be revised but that, given the nature of the country as an island, the Government is of the view that seaports and airports are essential services, since there are no alternatives in the case of any eventuality. The Committee recalls again that a minimum service could be appropriate as a possible alternative in these situations, bearing in mind that a substantial restriction or total prohibition of the right to strike would not appear to be justified and that, without calling into question the right to strike of a large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption. The Committee further recalls that workers’ organizations should be able to participate in defining such a service in the same way as employers and the public authorities. The Committee requests the Government to discuss this matter with the social partners and to provide information on developments in this regard.

The Committee trusts that the revision of the Labour Relations Act will soon be completed and will take fully into account the abovementioned principles to ensure conformity with the Convention. The Committee requests the Government to provide a copy of the revised Labour Relations Act once adopted.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 2 of the Convention. Minimum membership requirements for employers’ organizations. In its previous comments, the Committee had requested the Government to take measures to reduce the number of members (ten) required for the registration of an employers’ organization (sections 5(2) and 9(1)(e) of the Labour Relations Act of 1999). The Committee had recalled that the minimum requirement of ten employers to form an employers’ organization was excessive and capable of hindering the creation of employers’ organizations, particularly given the relatively small size of the country. The Committee notes with interest that the Government states in its report that the Labour Relations Act is in the process of being revised, including as to a reduction of the employer organizations’ membership requirement from ten to three. The Committee requests the Government to provide information as to the result of the revision process.

Minimum membership requirements for workers’ organizations. The Government had indicated in an earlier report that the minimum membership requirement for the registration of a trade union is seven members. On the other hand, the Committee had observed in its previous observation that sections 5(1) and 9(1)(e) of the Labour Relations Act provide for a minimum membership of 25 members for the registration of a trade union. Consequently, the Committee had requested the Government to indicate whether these provisions had been amended. The Committee notes that the Government acknowledges that the two provisions are being reviewed as part of the revision of the Labour Relations Act, but provides no indication as to whether the revisions envisaged include the lowering of the minimum membership requirement for trade unions. Recalling the importance of ensuring that the minimum membership number be fixed in a reasonable manner so that the establishment of organizations is not hindered, the Committee requests the Government to discuss this matter with the social partners and to provide information as to the result of the legislative revision process in this respect.

Prison officers. The Committee had noted in its previous comments the Government’s indication that prison officers were prevented from joining organizations of their own choosing. The Committee had recalled that, in accordance with Article 2 of the Convention, the right to establish and join occupational organizations should be guaranteed for all public servants and officials, and that, under Article 9(1) of the Convention, the only authorized exceptions from the scope of application of the Convention concern members of the police and the armed forces. The Committee observes that the Government’s report contains no comments on this matter. The Committee once again requests the Government to take the necessary measures to ensure that prison officers benefit from the rights and guarantees provided for in the Convention, and to provide information on any developments in this regard.

Article 3. Compulsory arbitration. The Committee had noted in its previous comments that section 46 of the Labour Relations Act grants the Minister the power to refer to compulsory arbitration disputes in essential services, and that the second schedule to this Act, which establishes the essential services, includes sanitation, seaport and dock services. The Committee had recalled that it did not consider sanitation, seaport and dock services to be essential in the strict sense of the term – that is to say, services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee notes that the Government states that the abovementioned section will be revised but that, given the nature of the country as an island, the Government is of the view that seaports and airports are essential services, since there are no alternatives in the case of any eventuality. The Committee recalls again that a minimum service could be appropriate as a possible alternative in these situations, bearing in mind that a substantial restriction or total prohibition of the right to strike would not appear to be justified and that, without calling into question the right to strike of a large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption. The Committee further recalls that workers’ organizations should be able to participate in defining such a service in the same way as employers and the public authorities. The Committee requests the Government to discuss this matter with the social partners and to provide information on developments in this regard.

The Committee trusts that the revision of the Labour Relations Act will soon be completed and will take fully into account the abovementioned principles to ensure conformity with the Convention. The Committee requests the Government to provide a copy of the revised Labour Relations Act once adopted.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 2 of the Convention. Minimum membership requirements for employers’ organizations. In its previous comments, the Committee had requested the Government to take measures to reduce the number of members (ten) required for the registration of an employers’ organization (sections 5(2) and 9(1)(e) of the Labour Relations Act of 1999). The Committee had recalled that the minimum requirement of ten employers to form an employers’ organization was excessive and capable of hindering the creation of employers’ organizations, particularly given the relatively small size of the country. The Committee notes with interest that the Government states in its report that the Labour Relations Act is in the process of being revised, including as to a reduction of the employer organizations’ membership requirement from ten to three. The Committee requests the Government to provide information as to the result of the revision process.

Minimum membership requirements for workers’ organizations. The Government had indicated in an earlier report that the minimum membership requirement for the registration of a trade union is seven members. On the other hand, the Committee had observed in its previous observation that sections 5(1) and 9(1)(e) of the Labour Relations Act provide for a minimum membership of 25 members for the registration of a trade union. Consequently, the Committee had requested the Government to indicate whether these provisions had been amended. The Committee notes that the Government acknowledges that the two provisions are being reviewed as part of the revision of the Labour Relations Act, but provides no indication as to whether the revisions envisaged include the lowering of the minimum membership requirement for trade unions. Recalling the importance of ensuring that the minimum membership number be fixed in a reasonable manner so that the establishment of organizations is not hindered, the Committee requests the Government to discuss this matter with the social partners and to provide information as to the result of the legislative revision process in this respect.

Prison officers. The Committee had noted in its previous comments the Government’s indication that prison officers were prevented from joining organizations of their own choosing. The Committee had recalled that, in accordance with Article 2 of the Convention, the right to establish and join occupational organizations should be guaranteed for all public servants and officials, and that, under Article 9(1) of the Convention, the only authorized exceptions from the scope of application of the Convention concern members of the police and the armed forces. The Committee observes that the Government’s report contains no comments on this matter. The Committee once again requests the Government to take the necessary measures to ensure that prison officers benefit from the rights and guarantees provided for in the Convention, and to provide information on any developments in this regard.

Article 3. Compulsory arbitration. The Committee had noted in its previous comments that section 46 of the Labour Relations Act grants the Minister the power to refer to compulsory arbitration disputes in essential services, and that the second schedule to this Act, which establishes the essential services, includes sanitation, seaport and dock services. The Committee had recalled that it did not consider sanitation, seaport and dock services to be essential in the strict sense of the term – that is to say, services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee notes that the Government states that the abovementioned section will be revised but that, given the nature of the country as an island, the Government is of the view that seaports and airports are essential services, since there are no alternatives in the case of any eventuality. The Committee recalls again that a minimum service could be appropriate as a possible alternative in these situations, bearing in mind that a substantial restriction or total prohibition of the right to strike would not appear to be justified and that, without calling into question the right to strike of a large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption. The Committee further recalls that workers’ organizations should be able to participate in defining such a service in the same way as employers and the public authorities. The Committee requests the Government to discuss this matter with the social partners and to provide information on developments in this regard.

The Committee trusts that the revision of the Labour Relations Act will soon be completed and will take fully into account the abovementioned principles to ensure conformity with the Convention. The Committee requests the Government to provide a copy of the revised Labour Relations Act once adopted.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2015, which are of a general nature.

Article 2 of the Convention. Minimum membership requirements for employers’ organizations. In its previous comments, the Committee had requested the Government to take measures to reduce the number of members (ten) required for the registration of an employers’ organization (sections 5(2) and 9(1)(e) of the Labour Relations Act of 1999). The Committee had recalled that the minimum requirement of ten employers to form an employers’ organization was excessive and capable of hindering the creation of employers’ organizations, particularly given the relatively small size of the country. The Committee notes with interest that the Government states in its report that the Labour Relations Act is in the process of being revised, including as to a reduction of the employer organizations’ membership requirement from ten to three. The Committee requests the Government to provide information as to the result of the revision process.

Minimum membership requirements for workers’ organizations. The Government had indicated in an earlier report that the minimum membership requirement for the registration of a trade union is seven members. On the other hand, the Committee had observed in its previous observation that sections 5(1) and 9(1)(e) of the Labour Relations Act provide for a minimum membership of 25 members for the registration of a trade union. Consequently, the Committee had requested the Government to indicate whether these provisions had been amended. The Committee notes that the Government acknowledges that the two provisions are being reviewed as part of the revision of the Labour Relations Act, but provides no indication as to whether the revisions envisaged include the lowering of the minimum membership requirement for trade unions. Recalling the importance of ensuring that the minimum membership number be fixed in a reasonable manner so that the establishment of organizations is not hindered, the Committee requests the Government to discuss this matter with the social partners and to provide information as to the result of the legislative revision process in this respect.

Prison officers. The Committee had noted in its previous comments the Government’s indication that prison officers were prevented from joining organizations of their own choosing. The Committee had recalled that, in accordance with Article 2 of the Convention, the right to establish and join occupational organizations should be guaranteed for all public servants and officials, and that, under Article 9(1) of the Convention, the only authorized exceptions from the scope of application of the Convention concern members of the police and the armed forces. The Committee observes that the Government’s report contains no comments on this matter. The Committee once again requests the Government to take the necessary measures to ensure that prison officers benefit from the rights and guarantees provided for in the Convention, and to provide information on any developments in this regard.

Article 3. Compulsory arbitration. The Committee had noted in its previous comments that section 46 of the Labour Relations Act grants the Minister the power to refer to compulsory arbitration disputes in essential services, and that the second schedule to this Act, which establishes the essential services, includes sanitation, seaport and dock services. The Committee had recalled that it did not consider sanitation, seaport and dock services to be essential in the strict sense of the term – that is to say, services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee notes that the Government states that the abovementioned section will be revised but that, given the nature of the country as an island, the Government is of the view that seaports and airports are essential services, since there are no alternatives in the case of any eventuality. The Committee recalls again that a minimum service could be appropriate as a possible alternative in these situations, bearing in mind that a substantial restriction or total prohibition of the right to strike would not appear to be justified and that, without calling into question the right to strike of a large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption. The Committee further recalls that workers’ organizations should be able to participate in defining such a service in the same way as employers and the public authorities. The Committee requests the Government to discuss this matter with the social partners and to provide information on developments in this regard.

The Committee trusts that the revision of the Labour Relations Act will soon be completed and will take fully into account the abovementioned principles to ensure conformity with the Convention. The Committee requests the Government to provide a copy of the revised Labour Relations Act once adopted.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

The Committee recalls that for several years it had been commenting on the following issues:

• – Articles 2 and 4 of the Convention. Minimum membership requirements. The Committee had requested the Government to reduce the number of members (ten) required for the registration of an employers’ organization (sections 5(2) and 9(1)(e) of the Labour Relations Act of 1999). The Committee had recalled that the minimum requirement of ten employers to form an employers’ organization was excessive and capable of hindering the creation of employers’ organizations, particularly given the relatively small size of the country.
• – Article 3. The Committee had requested the Government to amend section 24(2) of the Labour Relations Act, which permits the registrar to require the delivery of detailed accounts of the revenue, expenditure, assets, liabilities and funds of an organization at any time. The Committee had noted the Government’s proposed amendment to section 24(2) which would limit the possibility for the registrar to request periodic financial reports only when there are serious grounds for believing that the activities of an organization are contrary to the rule of law.

The Committee had noted that section 45(3) of the Labour Relations Act grants the minister the power to refer to compulsory arbitration disputes in essential services, and that the second schedule to this Act, which establishes the essential services, includes sanitation, seaport and dock services. It had recalled that it did not consider sanitation, seaport and dock services to be essential in the strict sense of the term – that is to say, services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population. This notwithstanding, the Committee had considered that a minimum service could be appropriate as a possible alternative in these situations, where a substantial restriction or total prohibition of the right to strike would not appear to be justified and where, without calling into question the right to strike of a large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption. In any circumstance, workers’ organizations should be able to participate in defining such a service in the same way as employers and the public authorities.

The Committee requests the Government to take the necessary measures to ensure that the requested amendments will be adopted without delay in accordance with the principles set out above. It requests the Government to indicate in its next report the progress made in this respect.

Article 2. Right to establish organizations. The Committee notes that the Government indicates in its report that the minimum membership requirement for the registration of a trade union is seven. However, sections 5(1) and 9(1)(e) of the Labour Relations Act provide for a minimum membership of 25 for the registration of a trade union. The Committee requests the Government to indicate whether there has been an amendment to the abovementioned provisions.

Finally, the Committee notes that the Government indicates in its report that prison officers are prevented from joining organizations of their own choosing. The Committee recalls that, in accordance with Article 2 of the Convention, the right to establish and join occupational organizations should be guaranteed for all public servants and officials, and that, under Article 9(1) of the Convention, the only authorized exceptions from the scope of application of the Convention concern members of the police and the armed forces. The Committee requests the Government to take the necessary measures to ensure that prisons officers benefit from the rights and guarantees provided for in the Convention and to provide information on any developments in this regard in its next report.

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

The Committee recalls that for several years it had been commenting on the following issues:

• -Articles 2 and 4 of the Convention. Minimum membership requirements. The Committee had requested the Government to reduce the number of members (ten) required for the registration of an employers’ organization (sections 5(2) and 9(1)(e) of the Labour Relations Act of 1999). The Committee had recalled that the minimum requirement of ten employers to form an employers’ organization was excessive and capable of hindering the creation of employers’ organizations, particularly given the relatively small size of the country.
• -Article 3. The Committee had requested the Government to amend section 24(2) of the Labour Relations Act, which permits the registrar to require the delivery of detailed accounts of the revenue, expenditure, assets, liabilities and funds of an organization at any time. The Committee had noted the Government’s proposed amendment to section 24(2) which would limit the possibility for the registrar to request periodic financial reports only when there are serious grounds for believing that the activities of an organization are contrary to the rule of law.

The Committee had noted that section 45(3) of the Labour Relations Act grants the minister the power to refer to compulsory arbitration disputes in essential services, and that the second schedule to this Act, which establishes the essential services, includes sanitation, seaport and dock services. It had recalled that it did not consider sanitation, seaport and dock services to be essential in the strict sense of the term – that is to say, services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population. This notwithstanding, the Committee had considered that a minimum service could be appropriate as a possible alternative in these situations, where a substantial restriction or total prohibition of the right to strike would not appear to be justified and where, without calling into question the right to strike of a large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption. In any circumstance, workers’ organizations should be able to participate in defining such a service in the same way as employers and the public authorities.

Noting the absence of information in relation to these matters in the Government’s report, the Committee requests the Government to take the necessary measures to ensure that the requested amendments will be adopted without delay in accordance with the principles set out above. It requests the Government to indicate in its next report the progress made in this respect.

Article 2. Right to establish organizations. In addition, the Committee notes that the Government indicates in its report that the minimum membership requirement for the registration of a trade union is seven. However, sections 5(1) and 9(1)(e) of the Labour Relations Act provide for a minimum membership of 25 for the registration of a trade union. The Committee requests the Government to indicate whether there has been an amendment to the abovementioned provisions.

Finally, the Committee notes that the Government indicates in its report that prison officers are prevented from joining organizations of their own choosing. The Committee recalls that, in accordance with Article 2 of the Convention, the right to establish and join occupational organizations should be guaranteed for all public servants and officials, and that, under Article 9(1) of the Convention, the only authorized exceptions from the scope of application of the Convention concern members of the police and the armed forces. The Committee requests the Government to take the necessary measures to ensure that prisons officers benefit from the rights and guarantees provided for in the Convention and to provide information on any developments in this regard in its next report.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee recalls that for several years it had been commenting on the following issues.

Articles 2 and 4 of the Convention. The Committee had asked the Government to reduce the number of members (ten) required for the registration of an employers’ organization. The Committee had recalled that the minimum requirement of ten employers to form an employers’ organization was excessive and capable of hindering the creation of employers’ organizations, particularly given the relatively small size of the country.

Article 3. The Committee had required the Government to amend section 24(2) of the Labour Relations Act, which permits the registrar to require the delivery of detailed accounts of the revenue, expenditure, assets, liabilities and funds of the organization at any time; failure to comply with this order would result in a fine of $10,000 or one year’s imprisonment (section 24(6)). The Committee had noted the Government’s proposed amendment to section 24(2) of the Labour Relations Act which limits the possibility for the registrar to request periodic financial reports only when there are serious grounds for believing that the activities of an organization are contrary to the rule of law.

The Committee had noted that section 45(3) of the Labour Relations (Amendments) Act of July 2003, grants the minister the power to refer to compulsory arbitration disputes in essential services and had requested the Government to indicate which services lie within the scope of section 45(3) of the Act. The Committee had noted the Government’s indication that the Labour Relation (Amendments) Act of July 2003 did not modify the second schedule, which establishes the essential services. The Committee had noted that this second schedule included sanitation, seaport and dock services among the essential services. It had recalled that it did not consider sanitation, seaport and dock services to be essential in the strict sense of the term – that is to say, services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population. This notwithstanding, the Committee had considered that a minimum service could be appropriate as a possible alternative in these situations, where a substantial restriction or total prohibition of strike would not appear to be justified and where, without calling into question the right to strike of the large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption. In any circumstance, workers’ organizations should be able to participate in defining such a service in the same way as employers and the public authorities.

The Committee notes that the Government indicates in its report that all these issues will be brought before the newly appointed Labour Advisory Board which was reconstituted on 12 October 2009. In these circumstances, the Committee expects that the necessary amendments will be adopted without delay in accordance with the principles set out above. It requests the Government to indicate in its next report the progress made in this respect.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report and the comments from the Grenada Trades Union Council (GTUC) and the Grenada Employers’ Federation (GEF), dated 6 September and 14 July 2007 respectively.

Articles 2 and 4 of the Convention. The right of workers and employers to establish and join organizations of their own choosing without previous authorization and dissolution by the administrative authority. In its previous comments, the Committee had asked the Government to reduce, the number of members (ten) required for the registration of an employers’ organization. The Committee notes the Government’s reply, according to which taking into account that the GEF is not in agreement with this recommendation made by the Committee of Experts, the Government will have great difficulty to make such change in the legislation. However, the Committee recalls once again that, according to Article 2 of the Convention, employers should enjoy the right to establish the organizations of their own choosing, and considers that the minimum requirement of ten employers to form an employers’ organization is excessive and capable of hindering the creation of employers’ organizations, particularly given the relatively small size of the country. In these circumstances, the Committee asks the Government to consider amending sections 5(2) and 9 of the Labour Relations Act of 1999 by reducing the registration requirement.

Article 3. The right of workers’ organizations to organize their administration. The Committee had required the Government to amend section 24(2) of the Labour Relations Act, which permits the registrar to require the delivery of detailed accounts of the revenue, expenditure, assets, liabilities and funds of the organization at any time; failure to comply with this order would result in a fine of $10,000 or one year’s imprisonment (section 24(6)). The Committee notes the Government’s proposed amendment to section 24(2) of the Labour Relations Act which limits the possibility for the registrar to request periodic financial reports to the only case when there are serious grounds for believing that the activities of an organization are contrary to the rule of law. The Committee hopes that this amendment will be adopted in the near future and requests the Government to keep it informed on this issue.

The right of workers’ organizations to organize their activities and formulate their programmes. The Committee had noted in its previous direct request that section 45(3) of the Labour Relations (Amendments) Act of July 2003, grants the minister the power to refer to compulsory arbitration disputes in essential services and had requested the Government to indicate in its report which services lie within the scope of section 45(3) of the Act. The Committee notes the Government’s indication that the Labour Relation (Amendments) Act of July 2003 did not modify the Second Schedule, which establishes the essential services. The Committee notes that this Second Schedule includes sanitation, seaport and dock services among the essential services. In this connection, the Committee recalls once again that it does not consider sanitation, seaport and dock services to be essential in the strict sense of the term – that is to say, services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population. This notwithstanding, the Committee considers that a minimum service could be appropriate as a possible alternative in these situations, where a substantial restriction or total prohibition of strike would not appear to be justified and where, without calling into question the right to strike of the large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption. In any circumstance, workers’ organizations should be able to participate in defining such a service in the same way as employers and the public authorities. In these conditions, the Committee requests the Government to take the necessary measures to amend the Second Schedule in accordance with the principles set out above.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

Articles 2 and 4 of the Convention. The right of workers and employers to establish and join organizations of their own choosing without previous authorization and dissolution by the administrative authority. In its previous comments, the Committee had asked the Government to reduce the number of members (ten) required for the registration of an employer’s organization (sections 5(2) and 9 of the Labour Relations Act, 1999). The Committee notes the Government’s reply that no complaints have been made by the Grenada Employers’ Federation or any other employers’ organization in respect of section 5(2) of the Labour Relations Act. Under these circumstances, the Committee recalls that it considers the minimum requirement of ten employers to form an employers’ organization excessive and capable of hindering the creation of employers’ organizations, particularly given the relatively small size of the country. Therefore, it once again asks the Government to consider amending section 5(2) and 9 by reducing the registration requirement to, for example, five employers.

Article 3. The right of workers’ organizations to organize their administration. The Committee had previously commented upon section 24(2) of the Labour Relations Act, which permits the registrar to require the delivery of the detailed accounts of the revenue, expenditure, assets, liabilities and funds of the organization at any time; failure to comply with this order would result in a fine of $10,000 or one year’s imprisonment (section 24(6)). The Committee notes the Government’s statement that the Committee’s comments and requests in this respect will be submitted to the competent authority. Recalling that the authority vested on the registrar under section 24(2) should be limited to the obligation of submitting periodic financial reports or if there are serious grounds for believing that the activities of an organization are contrary to the rule of law (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 125 and 126), the Committee once again asks the Government to amend section 24(2) of the Labour Relations Act, accordingly.

The right of workers’ organizations to organize their activities and formulate their programmes. The Committee notes the Government’s statement that the Labour Relations (Amendments) Act was passed in July 2003. It notes with satisfaction that the Labour Relations (Amendments) Act amends sections 46(1) and 49(1) of the Labour Relations Act of 1999, which the Committee had previously commented upon, by eliminating the Minister’s power to refer a dispute to binding compulsory arbitration without the consent of both parties – unless the dispute in question is in essential services.

However, the Committee notes that section 45(3) of the Labour Relations Act, as amended, grants the Minister the power to refer to compulsory arbitration disputes in essential services. In this connection, the Committee recalls that binding arbitration should only be imposed in the following cases: where both parties agree; in respect of public servants exercising authority in the name of the State; in an acute national crisis; and in essential services in the strict sense of the term. The Committee had previously noted that it does not consider seaport, dock and sanitation services to be essential in the strict sense of the term – that is to say, services, the interruption of which, would endanger the life, personal safety or health of the whole or part of the population. In these circumstances, the Committee asks the Government to indicate in its next report which services lie within the scope of section 45(3) of the Act.

Article 4. Dissolution of workers’ or employers’ organizations by the administrative authority. Previously, the Committee had noted that section 9(3) and (4) of the Labour Relations Act allows the registrar to cancel the registration of workers’ or employers’ organizations subject to the right of appeal to the High Court – and requested the Government to indicate whether the appeal provided for in section 9 suspends the cancellation of registration pending the court judgement. In this regard, the Committee takes due note of the Government’s statement that, while an appeal from a decision of the registrar lies in High Court, the defendant may apply to the Court to have the matter stayed until the appeal is heard.

Finally, the Committee notes the Government’s statement that further amendments to the Labour Relations Act are being contemplated, in consultation with organizations of the social partners. It expresses the hope that any subsequent amendments would bring the Act into full conformity with the Convention and reminds the Government that it may avail itself of technical assistance from the Office.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 2 and 4 of the Convention. The right of workers and employers to establish and join organizations of their own choosing without previous authorization and dissolution by the administrative authority. The Committee notes that sections 5(2) and 7 of the Labour Relations Act require ten or more employers for registration of an employers’ organization and that section 4 provides that no organization or member shall perform any act in furtherance of the purposes for which it has been formed unless such organization has first been registered, subject to a fine of up to 5,000 dollars. Furthermore, section 9 permits the cancellation of registration when the membership falls below the minimum requirement of ten employers. The Committee considers that the minimum requirement of ten employers to form an employers’ organization is excessive and could hinder the creation of employers’ organizations, particularly given the relatively small size of the country. It would therefore request the Government to consider amending its legislation by reducing the registration requirement to five employers. Furthermore, in light of the ban on activities of non-registered organizations and the powers of the Registrar to cancel registration if the minimum membership requirement is no longer met, the Committee requests the Government to indicate any practical effects which this requirement might have had on the Grenada Employers’ Federation or any other employers’ organization in the country.

Article 3. The right of workers’ organizations to organize their administration. The Committee notes that section 24(2) of the Labour Relations Act permits the Registrar to require the delivery of the detailed accounts of the revenue, expenditure, assets, liabilities and funds of the organization at any time and that failure to comply with this order will result in a fine of 10,000 dollars or one year’s imprisonment (section 24(6)). In this regard, the Committee would draw the Government’s attention to its 1994 General Survey on freedom of association and collective bargaining in which it states that problems of compatibility with the Convention arise when the administrative authority has the power to examine the books and other documents of an organization, conduct an investigation and demand information at any time. The Committee considers that the authority vested in the Registrar under section 24(2) should be limited to the obligation of submitting periodic financial reports or if there are serious grounds for believing that the activities of an organization are contrary to the rule of law (General Survey, paragraphs 125 and 126).

The right of workers’ organizations to organize their activities and formulate their programmes. The Committee notes that sections 46(1) and 49(1) of the Labour Relations Act grant the Minister the power to refer a dispute to binding compulsory arbitration if he thinks fit and whether or not both parties to the dispute consent. The Committee recalls that workers’ organizations shall have the right to organize their activities and formulate their programmes in defence of their members’ interests, in accordance with Articles 3 and 10 of the Convention and that binding arbitration should only be imposed in cases where both parties agree or in essential services in the strict sense of the term, in respect of public servants exercising authority in the name of the State or in an acute national crisis.

It further notes that section 46(2) of the Labour Relations Act grants the Minister the power to refer to compulsory arbitration a dispute in essential services, including in respect of seaport and dock services, and sanitation services, which the Committee does not consider to be essential in the strict sense of the term, that is to say, services, the interruption of which, would endanger the life, personal safety or health of the whole or part of the population. In this respect, the Committee draws the Government’s attention to paragraph 160 of its 1994 General Survey wherein it states that, in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, the authorities could establish a system of minimum service in other services which are of public utility rather than impose an outright ban on strikes, which would be limited to essential services in the strict sense of the term.

The Committee requests the Government to indicate in its next report the measures taken or envisaged to amend its legislation so as to bring it into full conformity with the Convention on the abovementioned points.

Article 4. Dissolution of workers’ or employers’ organizations by the administrative authority. Noting that section 9(3) and (4) of the Act allows the Registrar to cancel the registration of workers’ or employers’ organizations subject to the right of appeal to the High Court, the Committee draws the Government’s attention to paragraph 185 of its 1994 General Survey wherein it states that, where dissolution by administrative authority is permissible, the organization affected must have the right of appeal to an independent and impartial judicial body and that the administrative decision should not take effect until a final decision is handed down. The Committee requests the Government to indicate whether the appeal provided for in section 9 suspends the cancellation of registration pending the court judgement.

The Committee requests the Government to transmit any amendments which may have been made to the Labour Relations Act No. 15 of 1999.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Labour Relations Act No. 15 of 1999 and requests the Government to indicate in its next report whether the Act has now come into force and to transmit any amendments which may have been made to this Act in the meantime.

Articles 2 and 4 of the Convention. The right of workers and employers to establish and join organizations of their own choosing without previous authorization and dissolution by the administrative authority. The Committee notes that sections 5(2) and 7 of the Labour Relations Act require ten or more employers for registration of an employers’ organization and that section 4 provides that no organization or member shall perform any act in furtherance of the purposes for which it has been formed unless such organization has first been registered, subject to a fine of up to 5,000 dollars. Furthermore, section 9 permits the cancellation of registration when the membership falls below the minimum requirement of ten employers. The Committee considers that the minimum requirement of ten employers to form an employers’ organization is excessive and could hinder the creation of employers’ organizations, particularly given the relatively small size of the country. It would therefore request the Government to consider amending its legislation by reducing the registration requirement to five employers. Furthermore, in light of the ban on activities of non-registered organizations and the powers of the Registrar to cancel registration if the minimum membership requirement is no longer met, the Committee requests the Government to indicate any practical effects which this requirement might have had on the Grenada Employers’ Federation or any other employers’ organization in the country.

Article 3. The right of workers’ organizations to organize their administration. The Committee notes that section 24(2) of the Labour Relations Act permits the Registrar to require the delivery of the detailed accounts of the revenue, expenditure, assets, liabilities and funds of the organization at any time and that failure to comply with this order will result in a fine of 10,000 dollars or one year’s imprisonment (section 24(6)). In this regard, the Committee would draw the Government’s attention to its 1994 General Survey on freedom of association and collective bargaining in which it states that problems of compatibility with the Convention arise when the administrative authority has the power to examine the books and other documents of an organization, conduct an investigation and demand information at any time. The Committee considers that the authority vested in the Registrar under section 24(2) should be limited to the obligation of submitting periodic financial reports or if there are serious grounds for believing that the activities of an organization are contrary to the rule of law (General Survey, paragraphs 125 and 126).

The right of workers’ organizations to organize their activities and formulate their programmes. The Committee notes that sections 46(1) and 49(1) of the Labour Relations Act grant the Minister the power to refer a dispute to binding compulsory arbitration if he thinks fit and whether or not both parties to the dispute consent. The Committee recalls that workers’ organizations shall have the right to organize their activities and formulate their programmes in defence of their members’ interests, in accordance with Articles 3 and 10 of the Convention and that binding arbitration should only be imposed in cases where both parties agree or in essential services in the strict sense of the term, in respect of public servants exercising authority in the name of the State or in an acute national crisis.

It further notes that section 46(2) of the Labour Relations Act grants the Minister the power to refer to compulsory arbitration a dispute in essential services, including in respect of seaport and dock services, and sanitation services, which the Committee does not consider to be essential in the strict sense of the term, that is to say, services, the interruption of which, would endanger the life, personal safety or health of the whole or part of the population. In this respect, the Committee draws the Government’s attention to paragraph 160 of its 1994 General Survey wherein it states that, in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, the authorities could establish a system of minimum service in other services which are of public utility rather than impose an outright ban on strikes, which would be limited to essential services in the strict sense of the term.

The Committee requests the Government to indicate in its next report the measures taken or envisaged to amend its legislation so as to bring it into full conformity with the Convention on the abovementioned points.

Article 4. Dissolution of workers’ or employers’ organizations by the administrative authority. Noting that section 9(3) and (4) of the Act allows the Registrar to cancel the registration of workers’ or employers’ organizations subject to the right of appeal to the High Court, the Committee draws the Government’s attention to paragraph 185 of its 1994 General Survey wherein it states that, where dissolution by administrative authority is permissible, the organization affected must have the right of appeal to an independent and impartial judicial body and that the administrative decision should not take effect until a final decision is handed down. The Committee requests the Government to indicate whether the appeal provided for in section 9 suspends the cancellation of registration pending the court judgement.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Labour Relations Act No. 15 of 1999 and requests the Government to indicate in its next report whether the Act has now come into force and to transmit any amendments which may have been made to this Act in the meantime.

Articles 2 and 4 of the Convention. The right of workers and employers to establish and join organizations of their own choosing without previous authorization and dissolution by the administrative authority. The Committee notes that sections 5(2) and 7 of the Labour Relations Act require ten or more employers for registration of an employers’ organization and that section 4 provides that no organization or member shall perform any act in furtherance of the purposes for which it has been formed unless such organization has first been registered, subject to a fine of up to 5,000 dollars. Furthermore, section 9 permits the cancellation of registration when the membership falls below the minimum requirement of ten employers. The Committee considers that the minimum requirement of ten employers to form an employers’ organization is excessive and could hinder the creation of employers’ organizations, particularly given the relatively small size of the country. It would therefore request the Government to consider amending its legislation by reducing the registration requirement to five employers. Furthermore, in light of the ban on activities of non-registered organizations and the powers of the Registrar to cancel registration if the minimum membership requirement is no longer met, the Committee requests the Government to indicate any practical effects which this requirement might have had on the Grenada Employers’ Federation or any other employers’ organization in the country.

Article 3. The right of workers’ organizations to organize their administration. The Committee notes that section 24(2) of the Labour Relations Act permits the Registrar to require the delivery of the detailed accounts of the revenue, expenditure, assets, liabilities and funds of the organization at any time and that failure to comply with this order will result in a fine of 10,000 dollars or one year’s imprisonment (section 24(6)). In this regard, the Committee would draw the Government’s attention to its 1994 General Survey on freedom of association and collective bargaining in which it states that problems of compatibility with the Convention arise when the administrative authority has the power to examine the books and other documents of an organization, conduct an investigation and demand information at any time. The Committee considers that the authority vested in the Registrar under section 24(2) should be limited to the obligation of submitting periodic financial reports or if there are serious grounds for believing that the activities of an organization are contrary to the rule of law (General Survey, paragraphs 125 and 126).

The right of workers’ organizations to organize their activities and formulate their programmes. The Committee notes that sections 46(1) and 49(1) of the Labour Relations Act grant the Minister the power to refer a dispute to binding compulsory arbitration if he thinks fit and whether or not both parties to the dispute consent. The Committee recalls that workers’ organizations shall have the right to organize their activities and formulate their programmes in defence of their members’ interests, in accordance with Articles 3 and 10 of the Convention and that binding arbitration should only be imposed in cases where both parties agree or in essential services in the strict sense of the term, in respect of public servants exercising authority in the name of the State or in an acute national crisis.

It further notes that section 46(2) of the Labour Relations Act grants the Minister the power to refer to compulsory arbitration a dispute in essential services, including in respect of seaport and dock services, and sanitation services, which the Committee does not consider to be essential in the strict sense of the term, that is to say, services, the interruption of which, would endanger the life, personal safety or health of the whole or part of the population. In this respect, the Committee draws the Government’s attention to paragraph 160 of its 1994 General Survey wherein it states that, in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, the authorities could establish a system of minimum service in other services which are of public utility rather than impose an outright ban on strikes, which would be limited to essential services in the strict sense of the term.

The Committee requests the Government to indicate in its next report the measures taken or envisaged to amend its legislation so as to bring it into full conformity with the Convention on the abovementioned points.

Article 4. Dissolution of workers’ or employers’ organizations by the administrative authority. Noting that section 9(3) and (4) of the Act allows the Registrar to cancel the registration of workers’ or employers’ organizations subject to the right of appeal to the High Court, the Committee draws the Government’s attention to paragraph 185 of its 1994 General Survey wherein it states that, where dissolution by administrative authority is permissible, the organization affected must have the right of appeal to an independent and impartial judicial body and that the administrative decision should not take effect until a final decision is handed down. The Committee requests the Government to indicate whether the appeal provided for in section 9 suspends the cancellation of registration pending the court judgement.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report contains no reply to its previous comments. It must therefore repeat its earlier direct request, which addressed the following points.

The Committee notes the Labour Relations Act No. 15 of 1999 and requests the Government to indicate in its next report whether the Act has now come into force and to transmit any amendments which may have been made to this Act in the meantime.

Articles 2 and 4 of the Convention. The right of workers and employers to establish and join organizations of their own choosing without previous authorization and dissolution by the administrative authority. The Committee notes that sections 5(2) and 7 of the Labour Relations Act require ten or more employers for registration of an employers’ organization and that section 4 provides that no organization or member shall perform any act in furtherance of the purposes for which it has been formed unless such organization has first been registered, subject to a fine of up to 5,000 dollars. Furthermore, section 9 permits the cancellation of registration when the membership falls below the minimum requirement of ten employers. The Committee considers that the minimum requirement of ten employers to form an employers’ organization is excessive and could hinder the creation of employers’ organizations, particularly given the relatively small size of the country. It would therefore request the Government to consider amending its legislation by reducing the registration requirement to five employers. Furthermore, in light of the ban on activities of non-registered organizations and the powers of the Registrar to cancel registration if the minimum membership requirement is no longer met, the Committee requests the Government to indicate any practical effects which this requirement might have had on the Grenada Employers’ Federation or any other employers’ organization in the country.

Article 3. The right of workers’ organizations to organize their administration. The Committee notes that section 24(2) of the Labour Relations Act permits the Registrar to require the delivery of the detailed accounts of the revenue, expenditure, assets, liabilities and funds of the organization at any time and that failure to comply with this order will result in a fine of 10,000 dollars or one year’s imprisonment (section 24(6)). In this regard, the Committee would draw the Government’s attention to its 1994 General Survey on freedom of association and collective bargainingin which it states that problems of compatibility with the Convention arise when the administrative authority has the power to examine the books and other documents of an organization, conduct an investigation and demand information at any time. The Committee considers that the authority vested in the Registrar under section 24(2) should be limited to the obligation of submitting periodic financial reports or if there are serious grounds for believing that the activities of an organization are contrary to the rule of law (General Survey, paragraphs 125 and 126).

The right of workers’ organizations to organize their activities and formulate their programmes. The Committee notes that sections 46(1) and 49(1) of the Labour Relations Act grant the Minister the power to refer a dispute to binding compulsory arbitration if he thinks fit and whether or not both parties to the dispute consent. The Committee recalls that workers’ organizations shall have the right to organize their activities and formulate their programmes in defence of their members’ interests, in accordance with Articles 3 and 10 of the Convention and that binding arbitration should only be imposed in cases where both parties agree or in essential services in the strict sense of the term, in respect of public servants exercising authority in the name of the State or in an acute national crisis.

It further notes that section 46(2) of the Labour Relations Act grants the Minister the power to refer to compulsory arbitration a dispute in essential services, including in respect of seaport and dock services, and sanitation services, which the Committee does not consider to be essential in the strict sense of the term, that is to say, services, the interruption of which, would endanger the life, personal safety or health of the whole or part of the population. In this respect, the Committee draws the Government’s attention to paragraph 160 of its 1994 General Surveywherein it states that, in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, the authorities could establish a system of minimum service in other services which are of public utility rather than impose an outright ban on strikes, which would be limited to essential services in the strict sense of the term.

The Committee requests the Government to indicate in its next report the measures taken or envisaged to amend its legislation so as to bring it into full conformity with the Convention on the abovementioned points.

Article 4. Dissolution of workers’ or employers’ organizations by the administrative authority. Noting that section 9(3) and (4) of the Act allows the Registrar to cancel the registration of workers’ or employers’ organizations subject to the right of appeal to the High Court, the Committee draws the Government’s attention to paragraph 185 of its 1994 General Survey wherein it states that, where dissolution by administrative authority is permissible, the organization affected must have the right of appeal to an independent and impartial judicial body and that the administrative decision should not take effect until a final decision is handed down. The Committee requests the Government to indicate whether the appeal provided for in section 9 suspends the cancellation of registration pending the court judgement.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided in the Government’s first report.

The Committee notes with interest the Labour Relations Act No. 15 of 1999 and requests the Government to indicate in its next report whether the Act has now come into force.

Articles 2 and 4 of the Convention.  The right of workers and employers to establish and join organizations of their own choosing without previous authorization and dissolution by the administrative authority. The Committee notes that sections 5(2) and 7 of the Labour Relations Act require ten or more employers for registration of an employers’ organization and that section 4 provides that no organization or member shall perform any act in furtherance of the purposes for which it has been formed unless such organization has first been registered, subject to a fine of up to 5,000 dollars. Furthermore, section 9 permits the cancellation of registration when the membership falls below the minimum requirement of ten employers. The Committee considers that the minimum requirement of ten employers to form an employers’ organization is excessive and could hinder the creation of employers’ organizations, particularly given the relatively small size of the country. It would therefore request the Government to consider amending its legislation by reducing the registration requirement to five employers. Furthermore, in light of the ban on activities of non-registered organizations and the powers of the Registrar to cancel registration if the minimum membership requirement is no longer met, the Committee requests the Government to indicate any practical effects which this requirement might have had on the Grenada Employers’ Federation or any other employers’ organization in the country.

Article 3. The right of workers’ organizations to organize their administration.  The Committee notes that section 24(2) of the Labour Relations Act permits the Registrar to require the delivery of the detailed accounts of the revenue, expenditure, assets, liabilities and funds of the organization at any time and that failure to comply with this order will result in a fine of 10,000 dollars or one year’s imprisonment (section 24(6)). In this regard, the Committee would draw the Government’s attention to its 1994 General Survey on freedom of association and collective bargainingin which it states that problems of compatibility with the Convention arise when the administrative authority has the power to examine the books and other documents of an organization, conduct an investigation and demand information at any time. The Committee considers that the authority vested in the Registrar under section 24(2) should be limited to the obligation of submitting periodic financial reports or if there are serious grounds for believing that the activities of an organization are contrary to the rule of law (paragraphs 125 and 126).

The right of workers’ organizations to organize their activities and formulate their programmes.  The Committee notes that sections 46(1) and 49(1) of the Labour Relations Act grant the Minister the power to refer a dispute to binding compulsory arbitration if he thinks fit and whether or not both parties to the dispute consent. The Committee recalls that workers’ organizations shall have the right to organize their activities and formulate their programmes in defence of their members’ interests, in accordance with Articles 3 and 10 of the Convention and that binding arbitration should only be imposed in cases where both parties agree or in essential services in the strict sense of the term, in respect of public servants exercising authority in the name of the State or in an acute national crisis.

It further notes that section 46(2) of the Labour Relations Act grants the Minister the power to refer to compulsory arbitration a dispute in essential services, including in respect of sea port and dock services, and sanitation services, which the Committee does not consider to be essential in the strict sense of the term, that is to say, services, the interruption of which, would endanger the life, personal safety or health of the whole or part of the population. In this respect, the Committee draws the Government’s attention to paragraph 160 of its 1994 General Surveywherein it states that, in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, the authorities could establish a system of minimum service in other services which are of public utility rather than impose an outright ban on strikes, which would be limited to essential services in the strict sense of the term.

The Committee requests the Government to indicate in its next report the measures taken or envisaged to amend its legislation so as to bring it into full conformity with the Convention on the abovementioned points.

Article 4. Dissolution of workers’ or employers’ organizations by the administrative authority.  Noting that section 9(3) and (4) of the Act allows the Registrar to cancel the registration of workers’ or employers’ organizations subject to the right of appeal to the High Court, the Committee draws the Government’s attention to paragraph 185 of its 1994 General Survey wherein it states that, where dissolution by administrative authority is permissible, the organization affected must have the right of appeal to an independent and impartial judicial body and that the administrative decision should not take effect until a final decision is handed down. The Committee requests the Government to indicate whether the appeal provided for in section 9 suspends the cancellation of registration pending the court judgement.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that, for the fourth year in succession, the Government's first report has not been received.

The Committee requests once again the Government to provide detailed answers to the questions contained in the report form on the application of the Convention, which was transmitted by the International Labour Office. The Committee requests the Government in particular to provide it as rapidly as possible with information on the legislative situation and on the application in practice of the measures adopted to give effect to the Convention on freedom of association.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that, for the third year in succession, the Government's first report on the application of the Convention has not been received. The Committee requests the Government to provide detailed answers to the questions contained in the report form on the application of the Convention, which was transmitted by the International Labour Office. The Committee requests the Government in particular to provide it as rapidly as possible with information on the legislative situation and on the application in practice of the measures adopted to give effect to the Convention on freedom of association.

[The Government is asked to report in detail in 1999.]