Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Jamaica (Ratification: 1962)

The Committee takes note of the information contained in the Government’s report and recalls that its previous comments concerned the following points:

-      the denial of the right to negotiate collectively in the case of the workers in a bargaining unit when these workers do not amount to more than 40 per cent of the unit or when, if the former condition is satisfied, a single union that is engaged in the procedure of obtaining recognition does not obtain 50 per cent of the votes of the workers in a ballot that the Minister has caused to be taken (section 5(5) of Act No. 14 of 1975 and section 3(1)(d) of its Regulation);

-      the Government should take the necessary measures to amend its legislation so that a ballot is made possible where one or more trade unions are already established as bargaining agents and another trade union claims that it has more affiliated members in the bargaining unit than the other trade unions, and thereby invokes its most representative status in the unit in order to be considered as a bargaining agent.

In its report, the Government indicates that the actual system of designation of bargaining agent and of collective bargaining receives the full support of the social partners and that no reason would justify the modification of the legislation in this regard. The Government explains that several bargaining agents for the same unit can result in different working conditions for the same category of workers if they are not members of the same union. Moreover, the withdrawal of this requirement could lead to sweetheart agreements being concluded.

While noting the Government’s concern, the Committee would reiterate that where there is no collective agreement and where a trade union does not obtain 50 per cent of the votes of the total number of workers required by law, this trade union should be able to negotiate at least on behalf of its own members. Where one or more trade unions are already established as bargaining agents, a ballot should be made possible when another trade union invokes its most representative status in the unit in order to be considered as a bargaining agent. Moreover, the Committee recalls that, if under a system of an exclusive bargaining agent, no union can be designated as representing the required percentage, collective bargaining rights should be granted to the most representative union in the unit.

The Committee once again requests the Government to take the necessary measures to amend its legislation accordingly and to keep it informed in this regard.