United States: International Labor Organization Weighs In On Dispute Over Labor Rights At The British Embassy

In what appears to have resolved a two-year old case that has caused a stir in Washington's diplomatic circles, the International Labor Organization (ILO) recently directed the British embassy to engage in collective bargaining with the union that represents its staff members and British consulates throughout the United States. The recommendations, issued by the ILO's Committee on Freedom of Association, became final upon being adopted by the governing body on March 30. In its report, the Committee concluded that the British government violated international labor standards by refusing to recognize and bargain with the International Federation of Professional and Technical Employees (IFPTE) over terms of employment for staff of the British embassy in Washington, D.C. The Committee recommendations request that the British government take "all necessary measures" to promote negotiations between the embassy and IFPTE.

For approximately 50 years, over 600 embassy staff members and consulate employees had been represented by the Association of United States Engaged Staff. The controversy began in early 2005, after the Association voted to affiliate with IFTPE, whose members include senior U.S. federal and state employees. Since the affiliation, IFPTE alleged, the British embassy has refused to recognize or bargain with its representatives, and in April 2005 the embassy implemented unilateral changes in wages and benefits for its employees. IFPTE also claimed that the embassy established a management-dominated staff representative council.

Union Claims Embassy Subject to U.S. Labor Law and International Labor Standards

IFPTE filed a complaint with the ILO, arguing that the embassy's actions violated U.S. labor law and ILO Convention Nos. 87 and 98. IFPTE argued that the embassy failed to abide by the requirements of the National Labor Relations Act (NLRA), which requires a covered employer to recognize and collectively bargain in good faith with the designated representative of its employees. Convention No. 87 affords "workers and employees ... the right to establish and ... join organizations of their own choosing...," and Convention No. 98 establishes a series of guarantees concerning the right to organize and bargain collectively.

In response to IFPTE's allegations, the United Kingdom argued that the NLRA specifically exempts federal, state and local governments from its provisions, and therefore, there is no legal framework governing the standards by which the embassy should approach its dealings with local staff. Additionally, the British government noted that U.S. labor law does not allow supervisors and employees to be included in the same bargaining unit. Over 25% of the embassy's locally engaged staff at the time held management positions.

With regard to ILO Convention Nos. 87 and 98, the British government argued that the ILO conventions do not apply to an embassy or offices overseas. Alternatively, if it was found the ILO conventions did apply to the United Kingdom's actions as an employer in the United States, the British government argued it had not breached its obligations under the conventions.

Foreign Offices of Member States Are Subject to International Labor Standards, ILO Rules

The ILO Committee expressed doubt as to whether U.S. labor law (such as the NLRA) could be enforced against the embassy or consulate authorities. It noted that officials of an embassy are covered by sovereign immunity in the exercise of all their functions, including as employers of locally engaged staff. The Committee rejected, however, the British government's argument that it is not obligated to abide by the ILO conventions on freedom of association and collective bargaining in embassies and consulates overseas. The Committee emphasized that when a country becomes an ILO member, it accepts the fundamental principles embodied in the ILO Constitution, including the principles of freedom of association and collective bargaining. "This duty extends, in the committee's view, to the embassies and other offices, as an integral part of the public administration."

While the Committee's decision is not akin to a binding court order, union officials have said they expect the British government to obey the ruling. For its part, embassy spokespersons indicated they are reviewing the recommendations and considering their impact in advance of a meeting of the ILO governing body later this month. In the meantime, the ILO ruling is expected to bring about increased union activity among staff at embassies and consular offices of ILO member states. Already in the wake of the decision, IFPTE claims it has been approached by locally engaged staff at "a couple" of other embassies in Washington about the possibility of unionizing.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions