International Labour Standards on Collective Bargaining: C151 and C154 Ruwan Subasinghe ITF Legal Officer ILO International Training Centre, Turin 23 November 2016

ILO and Collective Bargaining Declaration of Philadelphia, 1944 “to further among the nations of the world programmes which will achieve…the effective recognition of the right of collective bargaining” MNE Declaration, 1977 Declaration on Fundamental Principles, 1998 Social Justice Declaration, 2008

ILS on Collective Bargaining C98 (Right to Organise and Collective Bargaining), 1949 R91 (Collective Agreements) R92 (Voluntary Conciliation and Arbitration) C151 (Labour Relations (Public Service)), 1978 R159 C154 (Collective Bargaining), 1981 R163

ILS relevant to Collective Bargaining in the Public Service C87 (Freedom of Association and Protection of the Right to Organise), 1949 C135 (Workers’ Representatives), 1971 R143 C150 (Labour Administration), 1978 R158

C151 (I) Scope and Definitions Articles 1-3 Applies to all persons employed by public authorities (public employee) High-level employees engaged in policy- making, management or highly confidential functions Armed forces and police?

C151 (II) Anti-Union Discrimination, Interference and Civil & Political Rights Articles 4 cf Articles 1 and 2 of C98 Recruitment Closed shops Dismissal Union officials and members Process and sanctions Article 5 Complete independence from public authorities Protection from interference Article 9 Civil and political rights

C151 (III) Facilities Article 6 Representatives of recognised public employees’ organisations cf C135 – facilities for workers’ representatives Nature and scope of facilities (R159 and R143) Non-impairment of efficient operation of administration

C151 (IV) Determining Terms & Conditions Article 7 Measures …to encourage and promote the full development and utilisation of machinery for negotiation of terms and conditions of employment between the public authorities concerned and public employees' organisations, or of such other methods as will allow representatives of public employees to participate in the determination of these matters. Consultation vs collective bargaining?

C154 (I) Scope and Content of Collective Bargaining Article 1 All branches of economic activity Armed forces, police and public services Article 2 Working conditions Relations between employers and workers Relations between social partners Article 3 Workers’ representatives

C154 (II) Conditions for Effective Collective Bargaining Access to information and training R163 Recognition and Representativity Article 4, C98 Level and Coordination of Collective Bargaining Extension of Collective Agreements R91

C154 (III) Promotion of Collective Bargaining Article 5 All employers and groups of workers Progressive extension to all matters covered by Convention Rules of procedure Settlement of labour disputes Article 7 Prior consultation on measures taken to promote collective bargaining R163

C151 & C154 (I) Collective Bargaining in the Public Service Scope of C154 Article 1(3) Special Modalities Parties to Bargaining See also R159 and R163 Legality of Collective Agreements Voluntary negotiation Non-unionised workers? Recognition and Representativity Good faith bargaining Access to information and training

C151 & C154 (II) Collective Bargaining in the Public Service Party autonomy and non-interference Government or parliamentary approval Privatisation Content of bargaining Public employees’ wages and public finances Collective bargaining and austerity measures Dispute settlement Compulsory arbitration Voluntary conciliation

Thank you! subasinghe_ruwan@itf.org.uk @ruwansubasinghe