Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 1 The purpose of labour dispute settlement Peaceful and orderly system of disputes Eventually assisting parties when collective bargaining failed Promoting freedom of the parties to bargain Rights disputes can be resolved by courts

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 2 Reporting of disputes and initiation of the procedure Request of reporting by one party: Rationale: in order to avoid industrial action. Request of reporting with the agreement of both parties (particularly in interests disputes): Rationale: the procedure will probably be more successful if both parties agree in initiating it.

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 3 Conciliation/Mediation Sometimes these terms can be synonymous Sometimes differences according to the degree of intervention of the third parties But always assisting the parties to reach a mutual agreement

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 4 Conciliation/Mediation (cont’d) Procedure whereby a third party provides assistance to employers and workers Settlement of the disputes depends on agreement between parties Recourse to conciliation/mediation in the case of interests disputes can be voluntary or compulsory

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 5 Conciliation/Mediation (cont’d) Chances of success are higher in case of voluntary conciliation/mediation Can be a preliminary step before adjudication of a rights dispute

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 6 ILO Instruments Voluntary Conciliation and Arbitration Recommendation, 1951 (N° 92) Examination of Grievances Recommendation, 1967 (N° 130)

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 7 Voluntary Conciliation and Arbitration Recommendation, 1951 (N° 92) Voluntary conciliation Voluntary conciliation machinery, appropriate to national conditions, should be made available to assist in the prevention and settlement of industrial disputes between employers and workers. 2. Where voluntary conciliation machinery is constituted on a joint basis, it should include equal representation of employers and workers.

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 8 Voluntary Conciliation and Arbitration Recommendation, 1951 (N° 92) (cont’d) 3. (1) The procedure should be free of charge and expeditious; such time limits for the proceedings as may be prescribed by national laws or regulations should be fixed in advance and kept to a minimum. (2) Provision should be made to enable the procedure to be set in motion, either on the initiative of any of the parties to the dispute or ex officio by the voluntary conciliation authority.

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 9 Voluntary Conciliation and Arbitration Recommendation, 1951 (N° 92) (cont’d) 4. If a dispute has been submitted to conciliation procedure with the consent of all the parties concerned, the latter should be encouraged to abstain from strikes and lockouts while conciliation is in progress. 5. All agreements which the parties may reach during conciliation procedure or as a result thereof should be drawn up in writing and be regarded as equivalent to agreements concluded in the usual manner.

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 10 Voluntary Conciliation and Arbitration Recommendation, 1951 (N° 92) (cont’d) Voluntary arbitration 6. If a dispute has been submitted to arbitration for final settlement with the consent of all parties concerned, the latter should be encouraged to abstain from strikes and lockouts while the arbitration is in progress and to accept the arbitration award.

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 11 Voluntary Conciliation and Arbitration Recommendation, 1951 (N° 92) (cont’d) General 7. No provision of this Recommendation may be interpreted as limiting, in any way whatsoever, the right to strike.

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 12 “Where all efforts to settle the grievance within the undertaking have failed, there should be a possibility, account being taken of the nature of the grievance, for final settlement of such grievance through one or more of the following procedures”: Examination of Grievances Recommendation, 1967 (N° 130)

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 13 (a) procedures provided for by collective agreement, such as joint examination of the case by the employers' and workers' organisations concerned or voluntary arbitration by a person or persons designated with the agreement of the employer and worker concerned or their respective organisations; (b) conciliation or arbitration by the competent public authorities; (c) recourse to a labour court or other judicial authority; (d) any other procedure which may be appropriate under national conditions. Examination of Grievances Recommendation, 1967 (N° 130) (cont’d)

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 14 Conciliation/Mediation Services The service can be provided by: The State An Autonomous Agency Private Institutions

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 15 Arbitration Procedure for setting either a rights or interest dispute Independent and neutral third parties The decision is binding upon the parties Recourse can be voluntary or compulsory

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 16 Establishment and Functions of Dispute Settlement Institutions A large range of situations: Institutions can cover the settlement of one or more types of disputes Some countries: clear distinction between conciliation services and adjudication services Some countries: bodies cover both mediation, conciliation and arbitration Or else adjudication and arbitration covered by a body and conciliation by another

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 17 Appointment of Members of Dispute Settlement Institutions Three ways of appointing: Directly by the State By workers and employers By the State among persons nominated by workers and employers

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 18 Status of Dispute Settlement Personnel Ensure that institutions are independent and their members of appropriate standing and moral authority Appoint members on a permanent basis Create senior positions for the personnel of such bodies High qualifications required for the more senior personnel

Module 8: Settlement of collective labour disputes Module 8: Settlement of collective labour disputes ©2005/ILO/DIALOGUE/VE 19 Thank you very much for your attention!