Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the comments on the application of the Convention submitted by the International Trade Union Confederation (ITUC) dated 30 September 2009, which refer to matters previously raised by the Committee.

Prison guards. In its previous comments, the Committee had noted the Government’s statement to the effect that measures to allow for the organization of prison guards were currently under consideration and that it was envisaged to review the relevant provision. The Committee expressed the hope that, as the Government stated that amendments to the Industrial Relations Act (IRA) were under review, the future legislation would recognize prison guards’ right to organize and to collective bargaining and asked the Government to inform it of developments in this regard.

Fire brigade workers. The Committee had further noted the Government’s view that, as far as the fire brigade was concerned, it was not desirable that its members be allowed to organize in view of the fact that it consisted exclusively of police officers, that is members of a disciplined force, who doubled as trained firefighters. The Committee had requested the Government to clarify whether they were police agents which also had functions of firefighters or whether they were exclusively firefighters covered by police status.

Other questions. The Committee had also regretted to note that the Government had 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 expressed the hope that the future legislation would guarantee an adequate protection against acts of interference and had requested the Government to keep it informed in this respect.

Representativeness for collective bargaining. The Committee had also taken 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 added that the Government had failed to honour industrial agreements. The Committee requested the Government to send its comments on the ITUC’s observations.

Regretting that the Government’s report contains no information concerning the issues raised in its previous comment, the Committee asks the Government to take the measures requested therein and to provide full information in this regard in its next report.