Effect given to the recommendations of the committee and the Governing Body - Report No 351, November 2008

Case No 2460 (United States of America) - Complaint date: 07-DEC-05 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 67. The Committee last examined this case at its March 2007 meeting [see 344th Report, paras 940–999] and on that occasion it formulated the following recommendations:
   • The Committee requests the Government to promote the establishment of a collective bargaining framework in the public sector in North Carolina – with the participation of representatives of the State and local administration and public employees’ trade unions, and the technical assistance of the Office if so desired – and to take steps aimed at bringing the state legislation, in particular, through the repeal of NCGS sections 95–98, into conformity with freedom of association principles, thus ensuring effective recognition of the right of collective bargaining throughout the country’s territory. The Committee requests to be kept informed of developments in this respect.
2. 68. In its communication dated 25 February 2008, the Government indicates that, in January 2007, state officials – including members of the Governor’s staff, state budget personnel experts and officials from the North Carolina Office of State Personnel – held meetings with the North Carolina Police Benevolent Association, the North Carolina Association of Educators, the UE Local 150 and the State Employees’ Association of North Carolina. This meeting, characterized by UE Local 150 as historic, stemmed from the Governor’s 8 August 2006 Election Order 105, which directed all state institutions, departments, etc., to permit access to representatives of employees’ organizations for the purposes of membership recruitment and consultation, as well as to meet with the Governor’s representatives each year before the legislature convenes to discuss issues of mutual concern. The UE Local 150 used the 2007 meeting to urge the Governor not to veto any bill in the upcoming legislative session that would repeal NCGS sections 95–98.
3. 69. The legislation to repeal NCGS sections 95–98 was introduced in the 2007–08 session of both houses of the North Carolina General Assembly. On 27 March 2007, Senate Bill 1543, “An Act providing for contracts between public employers and labour organizations representing public employees for the purpose of collective bargaining and establishing the public employee relations commission to ensure fair dealing between public employers and labour organizations” was introduced in the North Carolina Senate. In addition to the repeal of NCGS sections 95–98, the Bill also proposed a framework within which public employee and employer representatives would be allowed to meet and confer on questions of wages, hours and other conditions of employment, and to enter into appropriate contracts. The Bill was referred to the Committee on Rules and Operations of the Senate. No further action in this respect has been taken.
4. 70. On 18 April 2007, House Bill 1583, “An Act to restore contract rights to state and local entities”, was introduced in the North Carolina House of Representatives. Like Senate Bill 1543, House Bill 1583 proposed to repeal NCGS sections 95–98. It also proposed the repeal of a statutory provision that prohibits employee payroll deductions of dues to employee associations that engage in collective bargaining. The Committee on the Judiciary reported the Bill favourably and referred it to the Committee on Appropriations as accomplishment for which the 55,000-member State Employees’ Association of North Carolina has taken credit. Neither Senate Bill 1543 nor House Bill 1583 has been passed by the full Senate or the House of Representatives.
5. 71. The Government concludes by stating that the United States remains firmly committed to the principles and rights set forth in the ILO Constitution and the Declaration of Philadelphia. North Carolina’s public employees and their unions and employee associations remain free to exercise the right to freedom of association and the right to participate in the democratic processes at the local, state and federal levels. The United States will continue to report on pertinent development to the Committee.
6. 72. The Committee notes the information provided by the Government. It welcomes and encourages the legislative initiatives taken in the North Carolina Senate and House aimed at repealing NCGS sections 95–98 and thereby removing the collective bargaining ban imposed on state and local public employees. The Committee requests the Government to continue promoting the establishment of a collective bargaining framework in the public sector in North Carolina and effective recognition of the right of collective bargaining – with the participation of representatives of the state and local administration and public employees’ trade unions. The Committee requests to be kept informed of developments in this respect.