Freedom To Associate... And Freedom Not To Associate

The Constitution of The Commonwealth of The Bahamas provides for protection of freedom of association. Article 24 of the Constitution states, "Except with his consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties, or to form or belong to trade unions or other association for the protection of his interests."

The other side of the coin is the implicit freedom not to associate. Freedom not to associate is explicitly stated in section 36 of the Employment Act which provides grounds for unfair dismissal when the reason for dismissal is that "the employee was not a member of any trade union, or of a particular trade union, or of one of a number of particular trade unions, or had refused or proposed to refuse to become or remain a member."

Section 36 of the Employment Act actually covers both sides of the coin, since it also provides grounds for unfair dismissal when the reason for dismissal is that, "the employee was, or proposed to become, a member of an independent trade union", or "the employee had taken, or proposed to take, part at any appropriate time in the activities of an independent trade union".

The fundamental principal of freedom to associate and freedom not to associate is choice.

The Industrial Relations Act is the law of the land that provides for the constitution and registration of trade unions; the procedure for becoming a member of a trade union; the requirements of a trade union to become the recognized bargaining agent of a group of employees within a business; and the circumstances when recognition of a trade union as bargaining agent can be withdrawn. This Act shrouds in secrecy from employers - and even employees - the processes of trade union formation, membership and recognition.

This law needs to be made more transparent so that those who are affected can be reasonably assured that recognition or non-recognition of a particular trade union reflects the choice of the majority of the employees of the business establishment.

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