Report in which the committee requests to be kept informed of development - Report No 236, November 1984

Case No 1264 (Barbados) - Complaint date: 22-FEB-84 - Closed

1. 343. The National Union of Public Workers (NUPW) presented a complaint of violation of collective bargaining rights against the Government of Barbados in a communication dated 22 February 1984; on 9 April 1984 it transmitted further information in this connection.
   • The Government sent its observations in a communication dated 3 July 1984.
2. 344. Barbados has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 345. In its communication of 22 February 1984, the NUPW states that since 1980 it has approached the Barbados National Bank seeking recognition as the bargaining agent for all categories of workers of that government institution. The Bank refused to grant recognition in spite of the fact that the union's membership exceeded the 50 per cent required for recognition. According to the complainant, the Labour Department conducted a card count and ruled that the union be granted recognition but the employer has refused this.
2. 346. In its communication of 9 April 1984, the complainant explains that it has been a registered trade union since 1964, formerly the Barbados Civil Service Association, and was founded in 1944 to represent public workers. It is affiliated to the Caribbean Congress of Labour, the Public Services International, the International Confederation of Free Trade Unions and has applied for affiliation to the International Federation of Commercial, Clerical, Professional and Technical Employees. In 1976 the Barbados Savings Bank - whose employees were members of the NUPW - became the Barbados National Bank and the union soon began to experience difficulties in representing its members there, e.g. denial of facilities to hold union meetings on the premises, refusal to meet with the union to negotiate a collective agreement. In 1980 the Bank was supplied with a statistical break-down of NUPW membership at its various branches - who were in the majority - but this did not solve the problem. A copy of the Labour Department's poll of 31 May 1981 is supplied by the complainant.
3. 347. The NUPW points out that the Bank has nevertheless been deducting and remitting subscriptions and medicare premiums to the union and has allowed staff who are union members to attend training courses and take part in other union activities.
4. 348. The complainant has drawn to the employer's attention the Constitution of Barbados, section 21 of which provides guarantees for freedom of association, with-copies to the Prime Minister who is also responsible for financial and economic matters and under whose portfolio the Bank falls, and it wrote in this connection to the Minister of Labour but to no avail. It considers that this denial of recognition contravenes Convention No. 98.

B. The Government's reply

1. 349. In its communication of 3 July 1984, the Government points out that the Barbados National Bank was established by virtue of the Barbados National Bank Act and that there is no legislation in Barbados which sets out the procedure for settlement of disputes.
   • The established practice in this regard is that the disputing parties attempt first to resolve their differences domestically and, if they fail, one or both parties can refer the matter for conciliation by the Chief Labour officer; most disputes so referred are resolved but conciliation at a higher level is sometimes necessary.
2. 350. According to the Government, it understands that there have not been any meetings between the Bank and the union, and negotiations have been conducted only by correspondence, which is less than desirable. Neither of the parties has requested the Chief Labour officer to conciliate. It points out that the Minister of Labour was informed officially of the dispute on 8 February 1984 and has been asked to use his good offices to try to resolve the dispute. He has accordingly directed the Chief Labour Officer to arrange meetings with the Bank and the union with a view to finding a solution.

C. The Committee's conclusions

1. 351. The Committee notes that this case concerns the alleged violation of Convention No. 98 due to the non-recognition of the complainant union as representing the employees of the National Bank a statutory body - despite a Labour Department verification to this effect. It also notes that, according to the Government, efforts are under way by the appropriate authorities to resolve this dispute.
2. 352. In similar cases in the past the Committee has emphasised the importance which it attaches to the principle that employers - including governmental authorities in their capacity as employers of wage earners - should recognise for collective bargaining purposes the organisations representative of the wage earners employed by them. [See, for example, 190th Report, Case No. 882 (UK/St. Vincent), para. 289.] It has also considered in the past that where an objective verification of the union's claim found it to be the majority union - as is the case here - the authorities should take appropriate conciliatory measures with a view to obtaining the employer's recognition of that union for collective bargaining purposes. [See, for example, 218th Report, Case No. 1122 (Cost Rica), para. 327.] The Committee considers that this principle is all the more relevant in view of the fact that the denial of recognition in this case has paralysed collective bargaining in the Bank. In view of this situation, the Government should - under Article 4 of Convention No. 98 which it has ratified - take measures to encourage and promote the negotiation of collective agreements. The Committee notes that the Chief Labour Officer has already initiated efforts in order to resolve the dispute and it trusts that these will lead to a situation in which bank employees can collectively negotiate their terms and conditions of employment. It requests the Government to inform it of the outcome of the measures under way.

The Committee's recommendations

1. 353. In these circumstances, the Committee recommends the Governing Body to approve this report and, in particular, the following conclusions.
   • (a) The Committee recalls the principle that employers - including governmental authorities in their capacity as employers of wage earners - should recognise for collective bargaining purposes the organisations representative of the wage earners employed by them.
   • (b) It notes that efforts are under way by the appropriate authorities to resolve the recognition dispute facing the bank employees' union and requests the Government to inform it of the outcome of these measures, which, it trusts, will lead to voluntary collective bargaining in accordance with Article 4 of Convention No. 98.