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

2. 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

3. 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

4. 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

5. 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?

6. 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

7. 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

8. 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?

9. 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

10. 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

11. 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

12. 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

13. 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

14. Thank you!
@ruwansubasinghe