Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Montserrat

Article 4 of the Convention. Promotion of collective bargaining. The Committee takes note of the adoption of the Labour Code, 2012, and observes that its sections 163–185 set out a system of exclusive bargaining agents for unions supported by more than 50 per cent of the employees in the respective bargaining units. While it is acceptable that the union which represents the majority or a high percentage of workers in a bargaining unit should enjoy preferential or exclusive bargaining rights, the Committee considers that in cases where no union enjoys this support, minority trade unions should at least be able to group together in order to attain this majority or to conclude a collective or direct agreement on behalf of their own members. The Committee requests the Government to take any necessary measures to amend the Labour Code so that where no union enjoys the support of more than 50 per cent of the workers in the bargaining unit, minority unions may be able to group together to attain this majority or be given the possibility to bargain collectively on behalf of their own members.