Promotion of collective bargaining in enterprises

Feb 06, 2014 Letters

DEAR EDITOR,
One of the oldest mottos of the workers’ education movement is “Knowledge is Power”. The promotion of collective bargaining obviously presupposes the presence of the parties at the bargaining table and therefore the designation of the organizations that will represent the workers.
The Right to Organize and Collective Bargaining Convention (No. 98) calls on States to take measures to encourage and promote voluntary collective bargaining. It refers specifically to “the full development utilization of machinery for voluntary negotiation”.
Importance is placed on the voluntary nature of collective bargaining, thus limiting the State’s direct role in the process. However, this is balanced with the concept of “Promotion”: a State is not entitled to remain indifferent with respect to collective bargaining.
While the International Labour Organization (ILO) supervisory bodies have not determined an “ideal” collective bargaining system, they have identified practices and procedures that promote collective bargaining. The recognition of representative trade unions for the purpose of collective bargaining, good faith bargaining, the prohibition of unfair labour practices, and mediation conciliation procedures have been identified in this context, all of which are provided for in all Guyanese jurisdiction.
Once certification is granted, either party can give notice to begin collective bargaining. When notice to bargain is given, the employer again must refrain from unilaterally changing terms and conditions of employment, and both the union and the employer are obliged not only to bargain, but to bargain in good faith. Good faith bargaining is important in the view of the ILO supervisory bodies “for the maintenance of harmonious development of labour relations”.
Although good faith bargaining requires the parties to reach an agreement, it does require them to make every reasonable effort to enter into collective agreement. In this context, the Committee on Freedom of Association has noted the importance of genuine and constructive negotiations and avoidance of unjustified delays. The committee has also stated that agreements, once reached, should be binding on the parties, which is the case of collective agreement under the laws of Guyana.
ILO Convention 154 (Convention concerning the promotion of collective bargaining 1981) Article 5 stated:
1. Measures adapted to national condition shall be taken to promote collective bargaining.
2. The aims of the measures referred to in paragraph 1 of Article shall be the following:
a) collective bargaining should be made possible for all employers and all groups of workers in the branches of activity covered by this Convention;
b) collective bargaining should be progressively extended to all matters covered by subparagraphs (a) determining working and terms of employment; and/or, (b) regulating relations between employers and workers; and/or (c) regulating relations between employers or their organizations and a workers’ organization or workers’ organizations, of Article 2 of this Convention;
c) the establishment of rules of procedure agreed between employers’ and workers’ organizations should be encouraged;
d) collective bargaining should not be hampered by the absence of rules governing the procedure to be used or by the inadequacy or inappropriateness of such rules;
e) bodies and procedures for the settlement of labour disputes should be conceived as to contribute to the promotion of collective bargaining.
Finally, let it be emphasised that the organization and content of labour training for Trade Unionists must take into account certain guiding principles, including timeliness and relevancy, so as to ensure that immediate and emerging problems facing the Trade Union Movement in our country at the national, local and industry-wide level, are organized in terms of priority concerns and presented from a practical problem-oriented point of view, taking into account their direct impact on the lives of the workers.
In the words of late Nelson Mandela, “Education is the most powerful weapon which you can use to change the World”
Sherwood Clarke
General President
Clerical & Commercial Workers’ Union

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Promotion of collective bargaining in enterprises

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