Samuel J. Goolsarran Consultant Adviser CAGI

Transcription

1 Industrial Relations and the Law CAGI Training Course November 2010 Samuel J. Goolsarran Consultant Adviser CAGI 1

2 The Trade Union Act Chapter 98:03 Provides for the registration and regulations of trade unions: - rights, protection, obligations - registration of rules, changes in rules - mergers and amalgamation - financial accountability and auditing - report of Registrar to National Assembly 2

3 Labour Act, Chapter 98:01 Establishes the Department of Labour Regulations of relations between employers & employees; provides conciliation service Appointment of Staff; defines their duties Minister can intervene in trade disputes, establish committees, and make regulations Status and enforceable of collective labour agreements 3

4 Powers of the Minister Can intervene in any trade dispute:- To inquire into causes and circumstances To take any expedient steps to promote a settlement of the difference With the consent both parties, or of either of them, or without their consent refers the matter to arbitration by a tribunal of one or more persons appoints the Tribunal, and also sets out the Terms of Reference of the Tribunal Tribunal to make an award final and binding 4

5 Collective Agreements Presumed to be legally enforceable unless it is stated that the agreement or part of it is not intended to be a legally enforceable contract Copy of signed collective labour agreement to be presented to the Chief Labour Officer within three months of signing. 5

6 Powers of Labour Officials Empowered and authorised where labour is employed in any premise: To enter, inspect, and examine such premises at reasonable times by day or night To obtain from any employer information on employees, their wages, hours, and working conditions of employees To carry out any test, examination or enquiry necessary, and request any records and documents To take or remove for purposes of analysis samples of materials and substances used or handled Can institute any prosecution to enforce the law, and can appear as a prosecutor on behalf of the Permanent Secretary 6

7 Public Utility Undertakings & Public Health Services Arbitration Act Provides for an Arbitration Tribunal for the settlement of disputes in essential services Establishment of Arbitration Tribunal Panels Determination of trade dispute in Essential Services as listed in this law Prohibition of strikes and lockouts unless certain procedures are followed in trade disputes 7

8 Responsibility of the Minister Trades disputes to be reported to the Minister Minister refers the dispute to be settled by any existing machinery to be settled in 10 days, Take any expedient steps to promote a settlement, Refer the dispute to the Tribunal within one month from the date the matter was first reported to Minister Three person Tribunal Chairman and one person each representing employers and employees Minister determines the Terms of Reference Binding award of the Tribunal on employers and workers 8

9 Trade Union Recognition Act General Background Purpose of the Trade Union Recognition Act Key Terminologies in the Act Recognition and Certification Board Composition of the Board Meetings; Quorum; Conflict of Interest 9

10 Trade Union Recognition Act Duties of the Board Determination of the Appropriate Bargaining Units Certification of Majority Recognized Union as Exclusive Bargaining Agent Compulsory Recognition by Employer Duty to Treat and Bargain in Good Faith Union must Maintain Majority Status 10

11 General Background Voluntary System on Trade Union Recognition until 1997 Workers Rights and Trade Union Representation Struggle, Political Controversies Over TU Recognition 1953, 1963, 1991 ILO-CARICOM Model Law Enactment in

12 Some Key Terminologies in the Act Bargaining Unit Appropriate Bargaining Unit; appropriateness of Bargaining Unit Trade Union Recognition and Certification Board Collective Bargaining Collective Agreement Recognized Majority Union Compulsory Recognition Bargaining in Good Faith 12

13 Purpose of TUR Act Improvement and Promotion of Industrial Relations Establish Body of Representative Organizations to Certify Majority Unions Procedures to Certify Recognized Majority Unions 13

14 Recognition and Certification Board Composition Essentially Bi-partitite Board Appointment by Minister of Labour 3 Employers + 3 Trade Union (workers) Representatives on their Nomination Chairman - upon Consultations 3 Employers + 3 TU (workers) Alternates 14

15 Functions of the R & C Board Hears and Considers Applications for Certification of Recognition Determines Appropriate Bargaining Units Determines Recognized Majority Union within 4 Months One Union Survey of membership; 40 % Required for Recognition Two or More Unions poll, greatest support, once at least 40% voted 15

16 Meetings of the Board Meets Frequently as Necessary Quorum at least four Chairman and three members At least one member each must be from the Employers and the Trade Union (workers) Organizations Prohibition of Conflict of Interests Direct of Indirect cannot be part of Deliberations or Decisions of the Board 16

17 Compulsory Recognition Once Union Obtains Certificate of Recognition from the Board Employer shall Recognize the Union Contents of Certificate of Recognition Employer and Union to Bargain in Good Faith in Negotiations Collective Bargaining Process for a Collective Labour Agreement 17

18 Continuing Recognition Trade Union to Maintain Majority Status Can be Challenged and be de- recognized Replaced by another Trade Union Trade Union Democracy and Rights of Workers 18

19 Breaches of the Law Heavy Penalty Fines and imprisonment 19

20 Regulations Board can Make Regulations for its Functioning Minister can Make Regulations for Surveys and Polls Minister can Make any Other Regulations Required by the Act 20