Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Article 2 of the Convention. Adequate protection against acts of interference. In its previous comments, the Committee had requested the Government to take the necessary measures for the adoption of 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. While noting that the Government acknowledges the concerns of the Committee with regard to the absence of legislative provisions providing for protection against acts of interference, the Committee observes that it does not provide information on the measures envisaged in this regard. Recalling that it has been addressing this matter since 2013, the Committee firmly expects that the Government will provide information on the measures taken with a view to giving effect to Article 2 of the Convention without further delay. It requests the Government to provide information on any developments in this regard.

Article 4. Representativeness. In its previous comments, the Committee had noted that section 41 of the Industrial Relations Act (IRA) provides that in order for a trade union to be recognized for bargaining purposes, it must represent at least 50 per cent of workers of the bargaining unit, and recalled that under a system of designation of an exclusive bargaining agent, if no union represents the required percentage of workers to be declared the exclusive bargaining agent, collective bargaining rights should be granted to all the unions in the unit, jointly or separately, at least on behalf of their own members. While noting that the Government acknowledges the concerns of the Committee in this respect, it notes with regret that it does not provide any specific information on the measures taken or envisaged in order to align its legislation with the Convention. Recalling that it has been raising this issue since 2013, the Committee urges the Government to take all the necessary measures to review the IRA so as to bring it into line with the Convention. It requests the Government to provide information on any developments in this regard.

Right of prison guards to bargain collectively. In its previous comments, the Committee had noted that sections 39–40 of the Correctional Officers (Code of Conduct) Rules 2014, allowed the Bahamas Prison Officers Association (BPOA) to make representations to the Commissioner of the Department of Correctional Services in matters relating to the conditions and welfare of officers as a group. Noting that these provisions did not appear to provide collective bargaining rights to the BPOA, the Committee requested the Government to take the necessary steps to ensure that prison guards can fully enjoy the rights and guarantees set out in the Convention. The Committee notes with regret the Government’s indications that the above-mentioned provisions do not provide for the right of collective bargaining to the correctional officers and that there are no legislative discussions regarding the matter. Recalling once again that the right to bargain collectively also applies to prison staff, and that the establishment of a simple consultation procedures for public servants who are not engaged in the administration of the State is not sufficient, the Committee firmly expects that the Government will take the necessary measures, including legislative, to ensure that prison guards can fully enjoy the rights and guarantees set out in the Convention and provide information on any developments in this regard.

Collective bargaining in practice. The Committee further requests the Government to provide information on the number of collective agreements signed and in force in the country and to indicate the sector and the number of workers covered.