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2009 National Delegate Conference

Motion : AgendaID 071 - Rights of public service workers to organise and collective bargaining

The International Trade Union Confederations's (ITUC) annual survey of the violation of trade union rights for 2007 documented details of workers' rights violations in 138 countries. Serious and systematic harassment and intimidation was reported in 63 countries. Seventy-three unionists were sent to prison in 2007, including 40 in Iran alone, where systematic suppression of workers organising in transport, education and other sectors continued. Fourteen unionists were jailed in Morocco and seven in Burma, where the junta targeted union activists as part of its brutal crackdown on any moves for democracy and human rights. Most appallingly a worldwide total of 91 trade unionists were murdered for defending workers' rights, with Colombia, where 39 lost their lives, by far the worst offender yet again.

Conference notes furthermore, that governments around the world are also increasingly restricting the right of public service workers to organise and bargain collectively through a cynical interpretation of International Labour Organisation core conventions 87 and 98.

Conference further notes that this is being done in two ways. Firstly, by abusing Article 6 of ILO Convention 98 relating to "public servants" who are exempted from the protection offered by the convention. Governments are thus reclassifying whole swathes of public service workers such as nurses, refuse collectors and gardeners as being "engaged in the administration of the state". Secondly, governments and employers are increasingly imposing arbitrary minimum levels of service provision or essential services status on workers.

In Iraq the Saddam era ban on public sector workers organising or going on strike (Law 150 of 1987) is still in place despite the fact that a revised Labour Code was presented to parliament several years ago. Law 150 changed the status of employees in state-owned enterprises to civil servants, thus depriving them of the right to organise.

In Korea core groups of public sector workers such as fire-fighters are denied the right to join a trade union. Other workers, such as teachers are allowed to join unions but denied the right to strike whilst the government maintains a long list of "essential services" where the right to strike can be heavily restricted by the imposition of mandatory mediation and arbitration procedures. The Korean Government Employees Union has been subject to regular harassment including the arrest and detention without trial of its leaders.

In France, the government has sought to restrict workers rights by bringing in laws on minimum service provision in public transport. Furthermore workers going on strike must now declare their participation in a strike at least 48 hours before the strike commences, otherwise, they may face disciplinary action. After eight days the employer can initiate a secret ballot on whether to continue the strike. Finally, in the absence of an agreement the employer can determine the minimum level of services in case of a strike. This law could be extended to other public service workers.

In Ecuador, the rights of public service workers to organise is restricted according to the employee's grade. Executive staffs are not allowed to join a union at all. The constitution stipulates that it is prohibited to paralyse activities in the public sector. The activities listed include education, justice, social security, transport, the water service, electricity supply and fuel distribution, which are not included in the ILO's definition of essential services. Pursuant to Decree No. 105, passed on 7 June 1967, those breaching this rule are liable to between two and five years in prison. The government of Ecuador has recently unilaterally revoked collective agreements in the public sector and is imposing new terms and conditions covering pay, pension rights, paid leave, severance pay and employer's financial contributions to union activities. The government is also revoking a working time agreement according to which nurses were limited to a six-hour working day.

Some Canadian provinces have also tried to use the concept of "essential services" to undermine the rights of workers to take action. In Saskatchewan  the Public Service Essential Services Act gives employers the power to deem which public sector employees are essential and unable to strike. Unions and individuals who refuse to comply with the essential services designations face fines.

Conference therefore calls on the National Executive Council to:

1)    To continue to highlight and campaign against the denial of workers' and trade union rights around the world, especially in those countries where trade unionists are systematically targeted for imprisonment or murder;

2)    Work with our sister trade unions and with European and international trade union organisations to campaign against any restriction on public services workers' rights to organise and bargain collectively;

3)    Promote ILO Convention 151 (Labour Relations in the Public Service), which only 44 of the ILO member countries have so far ratified; which guarantees the right of all public sector workers to organise and bargain collectively;

4)    To work with the TUC to support challenges to anti-trade union measures taken by governments and public service employers at the ILO;

5)    To continue to support and promote the work of ICTUR (the International centre for Trade Union Rights).

Carried