Report in which the committee requests to be kept informed of development - Report No 85, 1966

Case No 415 (United Kingdom of Great Britain and Northern Ireland) - Complaint date: 02-OCT-64 - Closed

1. 231. The International Federation of Commercial, Clerical and Technical Employees, on 2 October, 24 November and 15 December 1964, submitted various communications received from the Commercial, Technical and Allied Workers' Union of St. Vincent, which contain a series of allegations respecting the violation of freedom of association in St. Vincent. These communications, together with the observations thereon made by the Government of St. Vincent and forwarded by the United Kingdom on 20 January 1965, were considered by the Committee at its meeting in May 1965, when the Committee submitted to the Governing Body the interim report contained in paragraphs 41 to 62 of its 84th Report, which was approved by the Governing Body on 24 June 1965, in the course of its 162nd Session. This report contained a request for further information on certain points, and was brought to the notice of the Government of the United Kingdom by a P letter dated 9 July 1965. By a letter dated 6 October 1965 the Government of the United Kingdom forwarded further observations prepared by the Government of St. Vincent.
2. 232. The Government of the United Kingdom has ratified the Right of Association (Agriculture) Convention, 1921 (No. 11), the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and has declared that their provisions are applicable without modification to St. Vincent. It has also ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and has declared it applicable with modifications to St. Vincent. These modifications relate to the composition of the committee of management of a trade union, the taking of decisions by secret ballot in certain cases, and the use to which trade union funds may be put.

Allegations relating to the Non-Recognition of the Commercial, Technical and Allied Workers' Union of St. Vincent for the Purpose of Collective Bargaining

1. 233. These allegations and the Government's observations thereon were analysed at length, when the Committee met in May 1965, in paragraphs 43 to 56 of the Committee's 84th Report. The Committee recommended the Governing Body, in paragraph 62 (a) of its 84th Report:
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3. (i) to draw the Government's attention to the provision contained in Article 3 of the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), that all practicable measures shall be taken to assure to trade unions which are representative of the workers concerned the right to conclude collective agreements with employers or employers' organisations; and also the provision contained in Article 4 of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), that measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements;
4. (ii) to stress the importance it attaches to the principle that government authorities, in their capacity as employers, should recognise for the purposes of collective bargaining the representative workers' organisations; and
5. (iii) to draw the attention of the Government to its view that the attitude adopted by the authorities in the present case in not taking steps to recognise the majority union representing the workers at the Public Health Department and at the Mental Hospital does not appear to have been consistent with the principles contained in Conventions Nos. 84 and 98, which enumerate the procedure of collective bargaining as a means of determining conditions of employment.
6. 234. In its latest observations the Government of St. Vincent states that the Commercial, Technical and Allied Workers' Union of St. Vincent is now provisionally registered and has been granted all the bargaining rights which it has claimed and that negotiations are proceeding between employers and the union and also that the Government has recognised the bargaining rights of the union in respect of scavengers employed by the Public Health Department and Mental Hospital workers.
7. 235. The Committee recommends the Governing Body to take note of this statement.
8. Allegations relating to the Final Registration of Trade Unions
9. 236. In paragraphs 57 to 59 of its 84th Report the Committee examined a provision contained in Ordinance No. 30 of 1954 which allows the Registrar to refuse final registration of a trade union if he considers that the union has not yet attained a reasonable degree of efficiency and organisation in the management of its affairs. In the view of the Committee this provision gave excessive scope to the Registrar in determining whether registration should or should not be granted to an industrial association. In the present case final registration had been refused to the complaining organisation pursuant to this provision.
10. 237. The Committee noted that the law permitted an appeal to the Supreme Court from the Registrar's decision, but recalled that in such cases the I.L.O. Committee of Experts on the Application of Conventions and Recommendations had pointed out that " the existence of a procedure of appeal to the courts does not appear to be a sufficient guarantee; in effect this does not alter the nature of the powers conferred on the authorities responsible for effecting registration, and the judges hearing such an appeal ... would only be able to ensure that the legislation had been correctly applied ".
11. 238. The Committee, therefore, in paragraph 62 (b) of its 84th Report, recommended the Governing Body:
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13. (i) to draw the Government's attention to the desirability of defining clearly in its legislation the specific conditions that trade unions must satisfy in order to qualify for registration and of prescribing specific legal criteria for the purpose of deciding whether they have satisfied such conditions;
14. (ii) to suggest to the Government the possibility of examining in detail the provisions of Ordinance No. 30 of 1954 with a view to deciding what amendments might be introduced in the light of the foregoing conclusions.
15. 239. In the observations furnished on 6 October 1965 the Government of St. Vincent states that the various ordinances, if reasonably interpreted, are clear, but that consideration is being given to possible amendments.
16. 240. The Committee recommends the Governing Body to take note of this statement, to express the hope that in the consideration of possible amendments to Ordinance No. 30 of 1954 account will be taken of the principle set forth in paragraph 62 (b) (i) of the Committee's 84th Report cited above, and to request the Government of the United Kingdom to be good enough to keep the Governing Body informed of further developments in this connection.
17. Allegations relating to Coercive Measures against Workers in connection with Their Trade Union Membership
18. 241. It is alleged that, since the Commercial, Technical and Allied Workers' Union began, on 16 September 1963, to seek to be recognised as the collective bargaining representative of employees of the Public Health Department and the Mental Hospital, the Chief Minister for the Crown and the Minister of Social Services, who is responsible for public health, have attacked the union and have threatened the employees of the institutions mentioned above with victimisation. It is alleged that the Chief Minister stated at a political meeting that as long as his Government remained in office it would not recognise the union and that any attempt by the workers to strike would result in their services being terminated. The Chief Minister, it is alleged, is the leader of a government-controlled union which he is seeking to force upon employees of government institutions in rivalry with the complaining organisation.
19. 242. After the complaining union had made a further application on 27 January 1964 for recognition as representative of the employees of the Mental Hospital, it is alleged, the competent Minister visited the institution and threatened the workers and forbade them to join the complaining union.
20. 243. When the Committee met in May 1965 it noted that the observations of the Government furnished on 20 January 1965 contained no comments with respect to these allegations. The Committee recalled the importance it has always attached to the provision contained in Article 1 of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), that workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment, and pointed out, in paragraph 60 of its 84th Report, that the consequences of this provision are that the Government must take measures, whenever necessary, to ensure that this protection is effective, which of course implies that the authorities must refrain from any act likely to provoke or have as its object anti-union discrimination against workers in respect of their employment.
21. 244. In these circumstances the Committee, in paragraph 62 (d) of its 84th Report, recommended the Governing Body to request the Government to furnish its observations on this aspect of the case.
22. 245. In the observations furnished on 6 October 1965 the Government of St. Vincent states that " it is necessary to differentiate between coercive measures by Government qua government and statements made at party political meetings which by custom are of a nature and frequency peculiar to all political parties in St. Vincent " and that " the Ministry concerned is unaware of any factual coercive measures taken against workers in connection with their trade union membership ".

The Committee's recommendations

1. 246. In all the circumstances the Committee recommends the Governing Body:
   • (a) to take note with regard to the allegations relating to the non-recognition of the Commercial, Technical and Allied Workers' Union of St. Vincent, of the statement by the Government of St. Vincent that this union is now provisionally registered and has been granted all the bargaining rights which it has claimed, that negotiations are proceeding between employers and the union, and that, in particular, the Government has recognised the bargaining rights of the union in respect of scavengers employed by the Public Health Department and Mental Hospital workers;
   • (b) to decide, with respect to the allegations relating to the final registration of trade unions:
   • (i) to take note of the statement by the Government of St. Vincent that consideration is being given to possible amendments to the provisions of Ordinance No. 30 of 1954;
   • (ii) to express the hope that, in this connection, regard will be had to the desirability of defining clearly in its legislation the specific conditions that trade unions must satisfy in order to qualify for registration and of prescribing specific legal criteria for the purpose of deciding whether they have satisfied such conditions;
   • (iii) to request the Government of the United Kingdom to be good enough to keep the Governing Body informed of further developments in this connection;
   • (c) to draw attention, with regard to the allegations relating to coercive measures against workers in connection with their trade union membership, to the danger of statements of the kind alleged being interpreted as intended to exert pressure on workers when exercising their right to join the organisation of their own choosing.