Report in which the committee requests to be kept informed of development - Report No 331, June 2003

Case No 2127 (Bahamas) - Complaint date: 07-MAY-01 - Closed

Allegations: The complainants allege lack of protection against acts of anti-union discrimination and employer interference, violation of their right to be represented by a union, as well as unfair dismissals and suspensions during a labour dispute.

1. 113. The Committee examined this case at its March 2002 meeting [see 327nd Report, paras. 174-197, approved by the Governing Body at its 283rd Session (March 2002)]. The Bahamas Air Traffic Controllers’ Union (BATCU) sent additional information in a communication dated 5 May 2003.
2. 114. The Government sent its observations in a communication dated 17 December 2002.
3. 115. The Bahamas has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 116. In its previous examination of the case in March 2002, the Committee made the following recommendations [see 327th Report, para. 197]:
   • (a) The Committee requests the Government to take appropriate measures with a view to putting rapidly into place adequate, impartial and speedy conciliation and arbitration proceedings to compensate air traffic controllers for the restrictions on the right to strike, and to keep it informed of developments in that respect.
   • (b) The Committee requests the Government and the complainants to provide updated information on the exact nature of the sanctions ultimately imposed upon the air traffic controllers involved.
   • (c) The Committee requests the complainants to provide further information on the trade union situation in the hotel, tourism and related businesses.
   • (d) The Committee requests the Government to keep it informed of the judgement of the Privy Council in this matter and provide a copy of same.
     • The complainant’s additional allegations
   • 117. In its communication dated 5 May 2003, the Bahamas Air Traffic Controllers’ Union (BATCU) states that pursuant to the general election of May 2002 and a change of policy by the new Government, all employees concerned by the complaint have been reinstated and re-certified and all suspended air traffic controllers have returned to their normal duties.

B. The Government’s further reply

1. 118. In a communication dated 17 December 2002, the Government states that the newly elected Government has effectively resolved the case by reinstating and re-certifying all affected employees. The Government attaches a copy of the terms of settlement agreed between the Bahamas Air Traffic Controllers’ Union (BATCU) and the Ministry of Transport/Department of Civil Aviation. The terms are the following:
   • – Those employees who had been transferred or redeployed may report to the Department of Civil Aviation for re-certification/reassignment.
   • – All letters of reprimand shall be removed from the file of the employees that are the subject of this dispute.
   • – A letter will be placed on the record of those trade union members who were on the roster on 21 and 22 March 2001, with regard to system irregularities on those days.
   • – The employer will offer no evidence before the disciplinary tribunal on a case concerning employees who have been interdicted. Following the dismissal of the case, the interdiction will end. Employees will thereafter return to work at the next normal day for re-certification.
   • – The employer will take measures to reverse the dismissal proceedings against all employees that are the subject of this dispute.
   • – Following reassignment and the withdrawal of all disciplinary actions, the parties will mutually withdraw from all pending court cases and shall abstain from any further action for damages arising out of this case.
   • – A new round of negotiations will be launched towards an industrial agreement.
   • – Each side promises that it will use its best endeavours to cooperate in accordance with the Code of Industrial Practice pursuant to the Industrial Relations Act and ensure that there is peace and good order in the workplace.

C. The Committee’s conclusions

1. 119. The Committee notes with satisfaction that all employees affected by the dispute in the air traffic control sector have been reinstated and re-certified pursuant to an agreement reached between the parties to the dispute.
2. 120. The Committee notes that the Government has not provided any information with regard to the establishment of adequate, impartial and speedy conciliation and arbitration machinery to compensate air traffic controllers for the restrictions on the right to strike. The Committee once again requests the Government to indicate the measures taken to compensate for restrictions of the right to strike in the field of air traffic control through adequate, impartial and speedy conciliation and arbitration proceedings. The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of the case.

The Committee's recommendations

1. 121. In the light of its foregoing conclusions, the Committee requests the Governing Body to approve the following recommendations:
   • (a) The Committee notes with satisfaction that all employees affected by the dispute in the air traffic control sector have been reinstated and re-certified pursuant to an agreement reached between the parties to the dispute.
   • (b) The Committee once again requests the Government to indicate the measures taken to compensate for restrictions of the right to strike in the field of air traffic control through adequate, impartial and speedy conciliation and arbitration proceedings. The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of the case.