Effect given to the recommendations of the committee and the Governing Body - Report No 373, October 2014

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. 14. The Committee last examined this case – which concerns the prohibition imposed by the legislation of North Carolina to make any collective agreement between cities, towns, municipalities or the State and any labour or trade union in the public sector – at its November 2011 meeting [see 362nd Report, paras 58–61]. On that occasion, the Committee noted with regret that none of the bills introduced in North Carolina to remove the collective bargaining ban imposed on state and local public employees were enacted into law. The Committee expressed the firm hope that similar legislation would be introduced and adopted in the very near future. Taking note of the efforts made by the Government, the Committee urged it to continue to promote freedom of association and collective bargaining rights in the public sector, including by promoting the establishment of a collective bargaining framework in the public sector in North Carolina and to keep it informed of developments in that respect.
2. 15. In its communication dated 11 October 2012 and 28 August 2014, the Government provides an update concerning the steps and action taken at both the state level and more broadly at the federal level to promote the establishment of a framework for public sector collective bargaining in the State of North Carolina. At the same time, the Government refers to a bill introduced by the members of the North Carolina House of Representatives on 30 January 2013, which included language that would enshrine a “right to work” provision and a prohibition on public sector collective bargaining in North Carolina’s Constitution. No further action has been taken. The Government also refers more broadly to information provided within the framework of the follow-up given to the ILO Declaration on Fundamental Principles and Rights at Work, which outlines federal-level efforts to protect workers’ rights to freedom of association.
3. 16. The Committee takes due note of the information provided by the Government and notes with regret the introduction in January 2013 in the North Carolina House of Representatives of a proposed constitutional amendment to prohibit public sector collective bargaining. The Committee recalls that this complaint concerned in particular members of UE Local 150 which is essentially made up of women and people of colour in some of the most difficult, low-wage public sector jobs (janitors, refuse disposal workers, housekeepers, groundkeepers, medical technicians, bus drivers, etc.). It refers once again to its previous conclusions that only public servants engaged in the administration of the State may be excluded from the guarantees of the principles embodied in Convention No. 98 and that priority should be given to collective bargaining in the fullest sense possible as the means for settlement of disputes arising in connection with the determination of terms and conditions of employment in the public service [see 344th Report, paras 981 and 989]. The Committee therefore once again urges the Government to continue to promote freedom of association and collective bargaining rights in the public sector, including by promoting the establishment of a collective bargaining framework in the public sector in North Carolina in line with the above principles and to keep it informed of developments in that regard.