Compilation of decisions of the Committee on Freedom of Association

Collective bargaining15

Representation of organizations in the collective bargaining process

1. Workers organizations must themselves be able to choose which delegates will represent them in collective bargaining without the interference of the public authorities.

1. The right of workers organizations to organize their administration and activities in accordance with Article 3 of Convention No. 87 includes the freedom for organizations recognized as representative to choose their union delegates for the purposes of collective bargaining.

1. Excessively strict prescriptions on such matters as the composition of the representatives of the parties in the process of collective bargaining may limit its effectiveness and this is a matter which should be determined by the parties themselves.

1. The Committee has drawn attention to Paragraph 6 of the Collective Bargaining Recommendation, 1981 (No. 163), according to which parties to collective bargaining should provide their respective negotiators with the necessary mandate to conduct and conclude negotiations, subject to any provisions for consultations within their respective organizations. On the basis of these principles, and with a view to promoting collective bargaining in good faith and the harmonious development of labour relations in the public sector, there must be clarity at the outset on the articulation of the distinct stages of collective bargaining, and the studies on the verification of the financial viability of the contents of negotiations should precede the conclusion of the collective agreement.

1. The right of workers organizations to organize their administration and activities in accordance with Article 3 of Convention No. 87 includes the freedom for organizations recognized as representative to choose their trade union delegates for the purposes of collective bargaining, as well as the possibility of being assisted by advisers of their choice.

1. Organizations of employers and workers should have the right to choose, without any hindrance, the persons from whom they wish to seek assistance during collective bargaining and dispute settlement procedures.

1. With regard to the ban on third party intervention in the settlement of disputes, the Committee is of the opinion that such an exclusion constitutes a serious restriction on the free functioning of trade unions, since it deprives them of assistance from advisers.