Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Guyana (Ratification: 1967)

The Committee takes note of the information provided in the Government's latest report.

1. In its previous comments, the Committee had recalled that, when providing for the certification of the most representative union in a given unit as the exclusive bargaining agent, the determination of the most representative organizations must be based on objective, pre-established and precise criteria so as to avoid any possibility of bias or abuse. Therefore certain safeguards of objectivity needed to be ensured like, for instance, the establishment of an independent body for certification and the use of a majority vote for determining the most representative union. It notes that the Trade Union Recognition Bill (under consideration since 1979) which is to contain these provisions is presently with the law officers for final drafting. The Committee expresses the firm hope that this Bill will be adopted in the near future and that it will contain the necessary safeguards for an objective determination of the exclusive bargaining agent in a given unit.

2. In comments it has been making since 1983, the Committee has urged the Government to ensure that measures be taken to amend the Public Utility Undertakings and Public Health Services Arbitration Act, Chapter 54:01, so that compulsory arbitration in respect of strikes may only be used for essential services in the strict sense of the term, namely services whose interruption would endanger the life, personal safety or health of the whole or part of the population. The Committee notes from the Government's latest report that the Act has still not been amended but that its observations have been submitted to the employers' and workers' organizations for their comments. The Committee trusts that the necessary measures will be taken in the near future to amend this Act so as to ensure that the right to strike is guaranteed to workers in all services which are not essential in the strict sense of the term and requests the Government to indicate the progress made in this respect.