It’s a resounding NO! the labour movement is screaming, in response to the Industrial Relations Amendment Bill (IRA), which was laid in the House of Representatives on May 1, 2015, and is being guided by Minister of Labour Errol McLeod, a former trade unionist turned politician. They say this piece of legislation is an outright attack on both trade unions’ very survival and workers’ rights.
In a recent article published by the T&T Guardian, the presidents of two of the country’s umbrella trade union groups, Federation of Independent Trade Unions (Fitun), and National Trade Union Centre (Natuc), stated they were not consulted on the proposed amendments to the Industrial Relations Act (IRA), therefore they were oblivious to its contents.
Fitun president Joesph Remy was quoted as saying, “The bill is ‘anti-worker,’ and could eventually lead to the demise of trade unions.” Education and research officer with the Banking, Insurance and General Workers Union (BIGWU), Alva Allen, also confirmed in an interview that there was absolutely no consultation by the Minister with trade unions on any provisions in the bill, prior to it being laid or discussed in Parliament.
He said the trade unions were therefore, demanding that the Government suspend all dialogue on this matter and give the unions the opportunity to be heard and voice their concerns.
Allen said there were some serious discrepancies in the bill. He outlined a few areas that posed a direct threat to unions and workers. He noted clause 24 of the bill, section 70 (B), proposes to cancel a union’s recognition certificate for failing to represent a member or worker of the bargaining unit, or if it is negligent in its representation of the member or worker of the bargaining unit.
What was more worrying he said, is that the bill will also now provide for a non-member to be lawfully entitled to union representation and if the union fails to represent this non-member, that person can apply to the court for a trade union to be decertified. “This means paying members will easily drop out of the union because they could get the same representation from the union by not paying dues. This is what the bill will certainly cause and will result in the death of all unions.
“This is by far the most dangerous attack on every single trade union. For it is very possible that the Industrial Court can cancel out all trade unions in a short space of time,” Allen lamented. Another clause mentioned was clause 21 which dealt with fines and penalties for illegal industrial action. Under section 63 of the IRA, the bill removes the sanction of cancellation of a union’s recognition certificate for taking illegal industrial action.
However the fines have increased ten times, moving the current figure from $10,000 to $100,000. Allen believes this was another strategic plan to “buss” all unions. He also highlighted the proposed bill stipulating the recognition board now had a time limit to determine claims—six months.
He said although this seemed to be a step in the right direction, employees, however, can still be victimised during that waiting period. Therefore, unions have been calling for an interim recognition certificate which will allow for the union to be recognised by the employers and begin the process of collective bargaining and the workers will be protected.
With regards to essential services, under section 67 of the IRA, the bill removes summary conviction and imprisonment, however the anti-union approach continues, says Allen. He pointed out the fines for employers have increased by two-and-a-half times from $40,000 to $100,000, but by three-and-three-quarters for unions, taking the figure from $20,000 to $75,000.
“So they punishing trade unions more than employers. “When it comes to workers it is even worse. The fine for workers taking part in industrial action in an essential service moves up from $1,000 to $25,000. This is 25 times more. If the worker is in the health service, he will have to pay a fine of $50,000. This is, to say in the least, most intimidatory or an attempt to intimidate,” Allen argued.
He said such penalties were most punitive and went to the heart of collective bargaining in T&T with respect to industrial action.
“Given that trade unions have not taken legal strike action in the last 25 years and have instead resorted to other forms of action, it’s the reason why the penalties for illegal industrial action are so punitive and draconian. All they need to do is to make an example of two workers and two unions and the message to the rest will go home. Our ability to bargain will now be seriously compromised. It is my considered view that these are very real proposals with every intent to be enacted into law,” Allen concluded.
Unions have been too silent
His comrade Gerry Kangalee, education and research officer of the National Workers’ Union (NWU) is of the personal opinion that the Government never intended to enact the the bill as they had five years to do so. He said unions have been calling for some time now for amendments to the IRA. There was even an industrial relations advisory committee that was set up in 2012 and chaired by Lennox Marcelle where recommendations by unions were made but those same recommendations were not expressed in this proposed amendment bill.
He said he believes this was rather a “quick fix,” coming at the 99th hour by the Government to make it seem as though it was addressing workers concerns, but the legislation wreaks of strategic plans to keep unions under further control and to violate workers’ rights. “As it is right now, the existing IRA already have unions under control, so I don’t know that employers are displeased with it,” said Kangalee.
In the same breath Kangalee also had a few words to say to trade unions. The trade unionist believes trade unions in the last 15 years have been extremely mute on matters that seriously affected and hindered their progress. He said since the Government floated this bill and began to debate on it, the response by unions was rather mute.
He added, trade unions have failed to produce officers like Butler, Weekes and Rienzi and all other great union leaders of the past, because there was a severe lack of education and training and so what is left are trade unionists with personal agendas who are self-seeking and puppets of government.
He pointed out Senator James Lambert who once led one of the country’s largest unions, being mute as well at first, when the bill was laid. He said a man like him should have never even allowed such a piece of legislation to see the light of day.
Kangalee said the amendment bill seeking to block and dismantle unions was no different from when the IRA was passed in 1972. He said before that existed the Industrial Stabalisation Act (ISA). He said before 1965 there was no overarching labour legislation that governed how trade union should operate. It was a system where the company and union had to sort out their own business. He said it came about right after independence when the then Government wanted to attract foreign investment at a cost of cheap labour.
The T&T Guardian also made several calls to Minister Mcleod to get his points-of-view on the matter, but all calls to his mobile went unanswered and there were no responses to voice messages.