Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bahamas (Ratification: 1976)

The Committee takes note of the Government’s report which replies to some of the comments submitted by the International Trade Union Confederation (ITUC).

Prison guards. The Committee notes the Government’s statement to the effect that measures to allow for the organization of prison guards are currently under consideration and that it is envisaged to review the relevant provision. The Committee hopes that, as the Government stated that amendments to the Industrial Relations Act (IRA) were under review, the future legislation will recognize prison guards’ right to organize and to collective bargaining. The Committee asks the Government to keep it informed in this regard.

Fire brigade workers. The Committee further notes the Government’s view that, as far as the fire brigade is concerned, it is not desirable that its members be allowed to organize in view of the fact that it consists exclusively of police officers, i.e. members of a disciplined force, who double as trained firefighters. The Committee requests the Government to clarify whether they are police agents which also have functions of firefighters or whether they are exclusively firefighters covered by police status.

Other questions. The Committee regrets to note that the Government has not replied to the questions raised in its previous comments concerning Article 2 of the Convention (acts of interference). The Committee had requested the Government to adopt legislative provisions to protect workers’ and employers’ organizations against acts of interference by each other or each other’s agents, accompanied by effective and sufficiently dissuasive sanctions. In a previous comment, the Committee had noted the Government’s indication that provisions strengthening this protection were contained in the Trade Unions and Industrial Relations Bill, 2000, a copy of which would be sent to the ILO after its adoption by the Legislative Assembly. The Committee hopes that the future legislation will guarantee an adequate protection against acts of interference and requests the Government to keep it informed in this respect.

Representativeness for collective bargaining. The Committee also takes note of the comments on the application of the Convention submitted by the ITUC criticizing the requirement for a trade union to represent 50 per cent of the workers plus one in a unit in order to be recognized for bargaining purposes and the fact that an employer may, after 12 months of unsuccessful negotiations, apply for a union’s recognition to be revoked (with some employers deliberately dragging out negotiations for that purpose). The ITUC adds that the Government has failed to honour industrial agreements. The Committee requests the Government to send its comments on the ITUC’s observations.

The Committee requests the Government to address, in its next report, all the points mentioned and hopes that it will be soon in a position to note significant improvements in the legislation.