Trade union rights in law
While basic trade union rights are guaranteed, they are subject to many excessive restrictions. Private sector and most public sector workers have the right to form and join trade unions. However, the authorities have real discretionary powers to refuse to register a union, and to deny the required licence unions need to affiliate with any body outside Bahamas. The authorities also interfere with internal trade union matters, as the Registrar must supervise the secret ballot to amend a union constitution. The law stipulates that union representatives should be elected at intervals not exceeding three years.
Furthermore, the right to collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is recognised, but a union must represent 50% plus one of the employees to be recognised as a bargaining agent
bargaining agent
A workers’ representative authorised to bargain collectively on behalf of workers in a bargaining unit.
See collective bargaining
. Also, if the employer and the union fail to reach an agreement after 12 months, the employer can apply to have the union’s recognition
recognition
The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union.
revoked.
In order to call a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, the Ministry of Labour must approve the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
ballot, and can refer a dispute to the Tribunal if the parties fail to reach a settlement, during which time strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action is prohibited. The authorities also have the right to intervene in strikes to ensure the delivery of basic services and to uphold the “national interest”. The law restricts the permissible targets for strikes and appears to prohibit protest and sympathy strikes, and workers who participate in unlawful strikes face excessive sanctions including imprisonment for up to two years.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by law.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Restrictions
Legal barriers to the establishment of organizations:
- >Prior authorisation or approval by authorities required for the establishment of a union
- The law contains provisions which confer on the competent authority a genuinely discretionary power to grant or reject a registration request, or to grant or withhold the approval required for the establishment and functioning of an organisation.
Restrictions on workers' right to form and join organizations of their own choosing:
- >Restrictions on trade unions' right to establish branches, federation and confederation or to affiliate with national and international organisations
- Trade unions cannot afflilate to any body constituted or organided outside the Bahamas without a special licence from the Minister, who has discretionary power to grant or refuse that permission and/or to make it subject to certain conditions.
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to freely draw up their constitutions and rules
- The ILO has asked the government to remove the stipulation that the Registrar or designated officer must supervise the secret ballot to amend a union constitution.
- >Restrictions on the right to elect representatives and self-administer in full freedom
- The law provides that trade union representatives should be electedat intervals not exceeding 3 years.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Armed forces
- >Police
- >Other civil servants and public employees
- The prison service and the fire brigade are not covered by the Labour Relations Act and therefore do not have the right to organise.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
The right to collective bargaining is recognised by the Industrial Relations Act.
Restrictions
Legal barriers to the recognition of collective bargaining agents:
- >Excessive requirements in respect to trade unions' representativity or minimum number of members required to bargaining collectively
- To be recognised as a bargaining agent, a union must represent 50% plus one of the I94employees.
Provisions undermining the recourse to collective bargaining and his effectiveness:
- >Other legal provisions undermining collective bargaining
- If an employer fails to reach agreement with a union after 12 months, the employer can apply to have the union's recognition revoked.
Limitations or ban on collective bargaining in certain sectors:
- >Other civil servants and public employees
- The fire brigade and prison g+E121uards do not have the right to collective bargaining.
Right to strike
Principles
Right to strike:
- >The right to strike is recognised by law but strictly regulated.
The Industrial Relations Act regulates the right to strike.
Restrictions
Legal barriers to lawful strike actions:
- >Previous authorisation or approval by authorities required to hold a lawful strike
- The Ministry of Labour must approve the strike ballot for calling a strike.
- >Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions
- The law grants the Minister the right to refer a dispute to the Tribunal if the parties to the dispute, within non-essential services, have failed to reach a settlement. It is unlawful to have recourse to strike action once the dispute has been referred to the Tribunal. Furthermore, a strike which, in the opinion of the Minister, affects or threatens the public interest, can be referred to the Tribunal for settlement.
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)
- The law restricts the permissible targets for strikes and appears to prohibit protest and sympathy strikes.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- If strikes are organised in violation of the law, excessive sanctions, including imprisonment for up to two years, are foreseen.
Limitations or ban on strikes in certain sectors:
- >Unreasonable or discretionary (i.e. without negotiation with social partners or absence of an independent authority in the event of disagreement) determination of the extent of the "minimum service" to be guaranteed during strikes in public services
- The government has the right to intervene in strikes to ensure the delivery of basic services and to uphold the "national interest".
