Report in which the committee requests to be kept informed of development - Report No 248, March 1987

Case No 1330 (Guyana) - Complaint date: 09-APR-85 - Closed

1. 299. The Committee considered this case at its meetings in November 1985 and November 1986 when it presented interim conclusions to the Governing Body. (See 241st Report, paras. 822 to 845, approved by the Governing Body at its 231st Session, and 246th Report, paras. 358 to 380, approved by the Governing Body at its 234th Session.)
2. 300. Further information was received from the Government in a communication dated 8 January 1987.
3. 301. Guyana has ratified the Freedom of Association and the Right to Organise Convention, 1948 (No.87) and the Right to Organise and Collective Bargaining Convention, 1949 (No.98). It has also ratified the Labour Relations (Public Service) Convention, 1978 (No. 151) and the Collective Bargaining Convention, 1981 (No.154).

A. Previous examination of the case

1. 302. When the Committee examined the case in November 1986, it made the following recommendations to the Governing Body (See 246th Report, para. 380.):
   • a) the Committee notes that aspects of the case concerning the constitutionality and validity of the Labour (Amendment) Act continue to be sub judice as they have been for more than two years, and trusts that every effort will be made to speed up the process whereby it can reach a conclusion on these matters in full possession of all the relevant information;
   • b) the Committee notes with some concern the length of time that has expired since the draft "Trade Union Recognition Bill 1979" was submitted for consideration by employers' and workers' organisations, and once again expresses the hope that, in relation to the recognition of sole bargaining rights, the Government will find it possible to give effect to the principle that it is not necessarily incompatible with Convention No. 87 to provide for certification of the most representative bargaining union in a given unit as the exclusive bargaining agent, but that there is a need to provide for certain safeguards which include
   • a)certification by an independent body and
   • b)the choice of the representative organisation by a majority vote of the employees in the unit concerned;
   • c) the Committee draws the above-mentioned legislative aspects of this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations;
   • d) as regards the dual governmental and trade union functions exercised by certain members of the GTUC executive the Committee draws the attention of the Government to its earlier decision that the fact that one of the members of a government is at the same time a leader of a trade union which represents several categories of workers employed by the State creates a possibility of interference in violation of Article 2 of Convention No. 98.

B. Additional information from the Government

1. 303. In its communication of 8 January 1987, the Government commences by stating that the appeal it has lodged against the decision of a High Court judge in the matter of the Labour (Amendment) Act, No. 9 of 1984, is currently engaging the attention of the Court.
2. 304. It also states that workers' and employers' representatives have now concluded their comments on the draft Trade Union Recognition Bill of 1979 and have both proposed to the Government an independent body for certification and representation by majority votes. It adds that these proposals are receiving the attention of the Government with a view to the enactment of the Bill as law early in 1987.
3. 305. The Government also provides information to the effect that only one member (a Committee member) of the GTUC is now a member of the Government, with the status of Parliamentary Secretary.

C. The Committee's conclusions

1. 306. The Committee notes from the additional information communicated by the Government that a decision concerning the constitutionality and validity of the Labour (Amendment) Act has been rendered by the High Court, and that this is the subject of an appeal by the Government. The Committee requests the Government to furnish it with a copy of the decision already given by the High Court and to keep it informed of developments relating to the appeal.
2. 307. The Committee notes with interest the outcome of the deliberations of employers' and workers' representatives concerning the draft Trade Union Recognition Bill of 1979, and in particular the proposal supported by both parties for the establishment of an independent body for certification, and representation by majority votes. It takes note of the intention of the Government to embody this in legislation to be enacted in 1987.
3. 308. The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to these legislative aspects of the case.
4. 309. The Committee also notes with interest the information provided concerning the reduction in the number of persons holding both governmental and trade union office to an individual at parliamentary secretary level. It is of the view that this aspect of the case does not require further examination.

The Committee's recommendations

1. 310. In the light of its foregoing conclusions, the Committee invites the Governing Body to appove the following recommendations:
   • a) The Committee requests the Government to furnish it with a copy of the judgement of the High Court concerning the constitutionality and the validity of the Labour (Amendment) Act of 1984 and keep it informed of the outcome of the appeal it has lodged against that decision.
   • b) It asks the Government to advise it of progress made with the enactment of the Trade Union Recognition Bill, and in particular the proposed provisions concerning the establishment of an independent body for certification and representation by majority votes as recommended by employers' and workers' representatives.
   • c) It draws the legislative aspects of this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.