Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Trinidad and Tobago (Ratification: 1963)

The Committee notes the Government’s report. It further notes the comments made by the Employers’ Consultative Association of Trinidad and Tobago.

1. Article 4 of the Convention. The Committee’s previous comments concerned the need to amend provisions that afford a privileged position to already registered associations, without providing objective and pre-established criteria for determining the most representative association in the prison service and civil service. In this respect, the Committee notes with satisfaction that the Prison Service (Amendment) Act of 2000 amended section 26, as previously requested by the Committee. The Committee further notes the Government’s statement that the amendment to section 24(3) of the Civil Service Act has not been completed. The Committee requests the Government to provide a copy of the Act amending section 24 of the Civil Service Act, once it is adopted.

2. Promotion of collective bargaining. The Committee’s previous comments concerned the need to amend section 34 of the Industrial Relations Act (IRA), in order to allow a union whose members constitute the largest number of workers in a bargaining unit, even if it is unable to reach a membership of 50 per cent of the workers in that bargaining unit, to collectively negotiate employment conditions. The Committee notes that the Government reiterates its statement to the effect that section 34 of the IRA has not been amended as it promoted industrial stability and is related to recognition issues in the history of Trinidad and Tobago. No recommendation has therefore been made to change the existing law in this regard. In this respect, the Committee once again points out that, where there is a single trade union in a bargaining unit with less than the absolute majority, this type of conflict cannot arise, and where various minority unions exist, their joint participation in the bargaining process could be arranged in an equitable manner or it could be envisaged that collective agreements apply only to the members of the respective trade union. The Committee emphasizes that the requirement that a union obtain the support of an absolute majority of the workers in the bargaining unit to be granted bargaining rights means that there is a risk in practice in many cases that workers will be deprived of the benefits of collective bargaining. The Committee notes that the Employers’ Consultative Association of Trinidad and Tobago considers that section 34 of the IRA should be amended so as to bring it in line with Convention No. 98. The Committee urges the Government to take the necessary measures to ensure that this provision is amended so that, where no union represents an absolute majority of workers, the union which represents a relative majority of workers in the bargaining unit can carry out negotiations to conclude a collective agreement, at least on behalf of its own members. The Committee requests the Government to keep it informed of developments in this respect.

3. Collective bargaining in the Central Bank. The Committee had noted previously that, in May 2000, the General Workers’ Trade Union was granted recognition as a bargaining agent and it had requested the Government to provide information concerning the negotiations held and any collective agreement concluded. The Committee notes with interest that a three-year collective agreement concluded by the Central Bank of Trinidad and Tobago and the Banking, Insurance and General Workers Union is now in force.