Definitive Report - Report No 146, 1975

Case No 796 (Bahamas) - Complaint date: 21-JUN-74 - Closed

1. 4. The Engineering, Fuel, Service and Allied Workers' Union (EGU) forwarded a complaint against the Government of the Bahamas to the Director-General of the ILO in a communication dated 21 June 1974. The complainant organisation transmitted additional information concerning the complaint in a communication dated 21 September 1974.

A. A. The complainants' allegations

1. 5. The complainants allege that since independence the EGU attempted to organise workers of Radio Bahamas and Bahamasair (both government corporations) and those of Catalytic West Indies Limited, a United States company at the Bahamas Oil Refining Company at Freeport. Although the EGU allegedly had a majority, the Government is stated to have refused to hold a ballot or to certify the EGU as bargaining agent in respect of the workers of these corporations. The Government also allegedly threatened to deregister the EGU.
2. 6. Further, it is stated by the complainants that the EGU is prohibited from affiliating with any International Labour movement without a special licence, the issuance of which is entirely at the Government's discretion and which may be withdrawn at any time without right of appeal.
3. 7. According to the complainants, the Government refuses to hear grievances filed by the EGU on behalf of its members. The complainants allege also that the Industrial Relations Act, 1970, violates not only international standards on freedom of association but even the provisions of the Constitution of the Bahamas which guarantee this right. Attached to the communication is a memorandum in which the EGU points to the provisions of the Act which it considers to be in violation of the principles of freedom of association. The complainants request that if the case cannot be dealt with by the ILO it be referred to the Economic and Social Council of the United Nations for consideration.
4. 8. In its further communication dated 21 September 1974 the complainant organisation transmits a copy of the Industrial Relations Act, 1970, and copies of four letters addressed by the Registrar of Trade Unions to the EGU. In the first of these letters (dated 14 July 1972) the Registrar confirms having registered the Constitution of the EGU. In the second (dated 17 November 1972) the Registrar states that he is considering invoking the Industrial Relations Act to cancel the registration of the union on the grounds that the amended Constitution of the EGU contravenes the rules contained in the Act for the registration of trade unions. The Registrar states that, prior to any action being taken, the EGU should consider amending the Constitution so as to bring it into line with the Act. In the third letter (dated 9 August 1973) the Registrar informs the EGU that he will look into the matter concerning recognition of the EGU by Catalytic West Indies Limited and the Freeport Power Company Limited, after having received information regarding the amendments which the union had been requested to make in its Constitution. In the fourth letter (dated 4 September 1973) the Registrar points out that the EGU has proceeded to move into the fields of broadcasting and civil aviation, for which its Constitution makes no provision, and again calls upon the EGU to comply with his letter of 17 November 1972.

B. B. The Committee's conclusions

1. 9. Although the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) (with modifications) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) were declared applicable to the Bahamas while the latter was a non-metropolitan territory of the United Kingdom, the Bahamas has not become a Member of the ILO since acceding to independence on 10 January 1973.
2. 10. According to the procedure for the examination of complaints of alleged infringements of trade union rights, agreed upon between the United Nations and the International Labour Organisation, before the Governing Body of the ILO refers to the Fact-Finding and Conciliation Commission on Freedom of Association an allegation which it has received against a Member of the United Nations which is not a Member of the ILO, such allegation should be referred to the Economic and Social Council for its consideration. In Resolution 277(X) approving the arrangements the ILO was invited to refer, in the first instance, to the Economic and Social council any allegations regarding infringements of trade union rights against a Member of the United Nations which is not a Member of the ILO. If the Governing Body has before it such allegations regarding infringements of trade union rights, it will, before referring them to the Commission, refer them to the Economic and Social Council for consideration. The procedure provides that the Secretary-General of the United Nations will seek the consent of the government concerned before any consideration of the allegation by the Economic and Social Council; if such consent is not forthcoming, the Economic and Social Council will give consideration to such refusal with a view to taking any appropriate alternative action designed to safeguard the rights relating to freedom of association involved in the case.

The Committee's recommendations

1. 11. In these circumstances, having regard to the situation set forth in the preceding paragraph, the Committee recommends the Governing Body:
   • (a) to refer to the Economic and Social Council for consideration, in accordance with Resolution 277(X) of 17 February 1950, the complaint presented by the Engineering, Fuel, Service and Allied Workers' Union against the Government of the Bahamas, which is not a Member of the ILO;
   • (b) to note that, in accordance with Economic and Social Council Resolution No. 277(X) of 17 February 1950, it is for the Economic and Social Council to decide what further action it proposes to take in the matter by seeking the consent of the Government of the Bahamas to the case's being referred to the Fact-Finding and Conciliation Commission on Freedom of Association or being dealt with in any other manner.
     • Geneva, 11 November 1974. (Signed) Roberto AGO, Chairman.