Compilation of decisions of the Committee on Freedom of Association

Collective bargaining15

Workers covered by collective bargaining

Erga omnes effect of collective agreements

1. In a case in which some collective agreements applied only to the parties to the agreement and their members and not to all workers, the Committee considered that this is a legitimate option just as the contrary would be which does not appear to violate the principles of freedom of association, and one which is practised in many countries.

1. While Convention No. 98 is compatible both with systems that grant bargaining rights to the most representative organization which affect the entire workforce erga omnes and systems which allow minority trade unions to bargain on behalf of their members, in the former case it is not consistent also to grant collective bargaining rights in the same field to minority trade unions and, in practice, doing so may lead to anti-union practices.