Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Grenada (Ratification: 1994)

The Committee notes the observations of the Grenada Trade Union Council (GTUC), transmitted with the Government’s report, referring to the issues raised by the Committee below.

Article 2 of the Convention. Minimum membership requirements for employers’ and workers’ organizations. In its previous comments, the Committee requested the Government to take measures to reduce the number of members (ten) required for the registration of an employers’ organization (sections 5(2) and 9(1)(e) of the Labour Relations Act of 1999). The Committee recalled that the minimum requirement of ten employers to form an employers’ organization was excessive and capable of hindering the creation of employers’ organizations, particularly given the country’s relatively small size. As to workers organizations, the Committee observed that sections 5(1) and 9(1)(e) of the Labour Relations Act provide for a minimum membership of 25 members for the registration of a trade union. The Committee noted the Government’s indication that these provisions were being reviewed and urged the Government to provide information as to the result of the legislative revision process in this respect. The Committee notes with regret the Government’s indication that no revisions have been made to date in this regard and that section 5 of the Act is not currently under review. The Committee notes the concern expressed by the GTUC regarding the minimum membership requirement and its view that reducing a minimum membership requirement would give full effect to the Convention. Recalling the importance of ensuring that the minimum membership number for employers’ and workers’ organizations be fixed in a reasonable manner so that the establishment of organizations is not hindered, the Committee urges the Government to review the above-mentioned provisions of the Labour Relations Act in consultation with the social partners and to indicate all steps taken to that end.

Prison officers. The Committee noted in its previous comments the Government’s indication that prison officers were prevented from joining organizations of their own choosing and that an organization represents the prison officers and negotiates on their behalf. The Committee requested the Government to provide detailed information in this regard, including the applicable legal provisions guaranteeing that prison officers benefit from the rights and guarantees set out in the Convention and the results of any negotiations by the identified organization on behalf of prison officers. The Committee notes the Government’s indication that: (i) the Prison Officers’ Welfare Association, which is established in section 42(1) of the Prisons Act 1980, is the representative of all ranks of officers at His Majesty’s Prison; (ii) the Association has successfully negotiated on behalf of its representatives, resulting in salary increases and fringe benefits; (iii) sections 2(1) and (3) of the Prison Officers’ Welfare Association Rules (SRO 30 of 1975) give directions on the conditions governing the constitutions of the Prison Officers’ Welfare Association and the objects which they may legally pursue; (iv) the legal provisions which ensure that the Association shall not be liable to be dissolved or suspended by administrative authority can be found in section 42(2) of the Prisons Act, which states that the Association shall be entirely independent of and unassociated with anybody outside the Prison Department; and (v) Rule 11 of the Prison Officers’ Welfare Association Rules facilitates the attending of meetings of the Association by members of the Prison Service. The Committee recalls that the right of workers to establish organizations of their own choosing, as set out in Article 2 of the Convention, implies that trade union diversity must remain possible in all cases and that trade union unity imposed directly, as in the Prisons Act, is contrary to the Convention. The Committee expects that all necessary measures will be taken by the Government, in consultation with the social partners, to amend the Prisons Act so as to bring it into conformity with Article 2 of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.