Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Trinidad and Tobago (Ratification: 1963)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation, which read as follows:

1. The need to amend provisions that afford a privileged position to registered associations, without providing objective and pre-established criteria for determining the most representative association (sections 24(3) of the Civil Service Act, 28 of the Fire Service Act and 26 of the Prison Service Act). 2. The need to amend section 59(4)(a) of the Industrial Relations Act, as amended in 1978, so as to enable a simple majority of the voters in a bargaining unit (excluding those workers not taking part in the vote) to call a strike. 3. The need to amend sections 61 and 65 of the same Act to ensure that any resort to the courts by the Ministry of Labour, or by one party only, to end a strike is limited to cases of strikes in essential services in the strict sense of the term, that is to say, those in which the strike would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis. In its previous report, the Government had indicated that the high-level review committee that it had appointed to undertake a global review of all the Service Acts and regulations had accomplished a considerable amount of work. In particular, the Fire Service (Amendment) Bill, 1990 and the Prison Service (Amendment) Bill, 1990, both of which amend the relevant Service Acts to bring them into line with the observations of the Committee of Experts, had been completed after extensive consultations with the relevant associations, and were to be submitted for the Government's approval. Moreover, a draft Civil Service (Amendment) Bill had been submitted to the Public Services Association, prior to discussions to be held thereon. The Committee had hoped that the Government would be in a position to indicate in its next report whether the above-mentioned Bills had been promulgated and, if so, to provide copies of these amendments. The Government had stated that it was still actively considering the questions of amending sections 59(4)(a) and 65 of the Industrial Relations Act, Chapter 88:01, along the lines suggested by the Committee. It was also studying the comments of the Committee with respect to the amendment made to section 61 of the same Act, by the promulgation of Act No. 5 of 1987. The Committee had strongly hoped that the Government would implement legislation along the lines it had been suggesting for many years and urged the Government once again to indicate in its next report the measures taken to bring its legislation into conformity with the Convention. In addition, in the light of the comments made by the Staff Association of the Central Bank of Trinidad and Tobago in a letter dated 7 November 1990 relating to the insufficient observance of the Convention in this sector, the Government had indicated that in the context of a revision of the Central Bank Act, 1964, which was currently being undertaken by the Government, consideration would be given to the establishment of an appropriate mechanism to deal with the grievances of Central Bank employees. The Committee had requested the Government, in its next report, to keep it informed of any developments in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.