Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - United States of America (Ratification: 1988)

Effective tripartite consultations. The Committee notes the information provided in the Government’s report and the comments of the American Federation of Labor and Congress of Industrial Organizations (AFL–CIO), received in September 2008. In reply to the Committee’s previous observation, the Government reports that the President’s Committee on the ILO continued to operate as a federal advisory committee, and was renewed to 30 September 2009. The ILO Consultative Group met four times and held other less formal consultations over the reporting period. The Government indicates that it submitted three reports prepared further to article 22 of the Constitution, two reports prepared further to article 19 of the Constitution, and the annual reports prepared as a follow-up to the 1998 Declaration, to the Tripartite Advisory Panel on International Labour Standards (TAPILS) for its review and comment. The Committee notes that the instruments adopted at the 94th, 95th and 96th Sessions of the Conference were submitted to the House of Representatives and the Senate on 27 June 2008. The Government further indicates that the Department of State hosted a tripartite meeting to discuss the prospects of ratification of the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), and the Maritime Labour Convention, 2006 (MLC, 2006), in February 2008. The Government states that it has continued to review both Conventions. In particular, the coast guard is conducting an intensive article-by-article analysis of the MLC, 2006, which will be followed by an intergovernmental review and, subsequently, an examination by TAPILS. In its comments, the AFL–CIO indicates that neither the tripartite meeting on matters of treaty law and procedure with respect to the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and others, nor the TAPILS meeting on Convention No. 185 have taken place. The AFL–CIO states that there has been no follow-up to the tripartite consultations held to consider the prospects of ratification of Convention No. 185 and the MLC, 2006, and that it has seen no evidence of any progress made towards ratification of Convention No. 185, or the MLC, 2006. The AFL–CIO states that, while suggestions were raised in the tripartite consultations on ways to resolve certain issues regarding Convention No. 185, there has been no follow-up from the Government. The Committee again invites the Government and the social partners to continue to report on measures taken to promote tripartite consultations on international labour standards, as required by Convention No. 144, and to provide information on the outcome of consultations held to re-examine the prospects of ratification of unratified ILO Conventions and any follow-up thereto (Article 5, paragraph 1(c), of the Convention).