XIII InterAmerican Conference of Ministers of Labour Meeting

XIII Inter-American Conference of Ministers of Labour: Meeting of Working Group 2: Washington D. C. 13 th & 14 th May, 2004 Conciliation: Barbados’ System of Dispute Resolution in Industrial Relations By: Victor Felix Asst. Chief Labour Officer, Barbados

The system of conflict resolution in any industrial relations (IR) system is but a sub-system of the total IR system. Other important elements of an IR systems could be: n n n The system of trade unions organisation The process of trade union recognition The processes of giving expression to the right to: - freedom of association - bargain collectively - engage in peaceful picketing

100 years after the emancipation of slavery, the Barbadian society of the late 1930’s retained the characteristic features of C’bean plantation society. n Planter/merchant class control of economic and state power. n Deplorable social conditions. n Low wages and n High unemployment.

Throughout the Anglophon C’bean there were: Riots in the land! Riots in de land, “and de people and dem say, today is a funny night”

This lead to the set up of Royal Commissions of Enquiry “major developments in IR occur at times of economic and social conflict”

Two events mark two discernable periods in modern Barbados Industrial Relations: Riots of late 1930 s ushered in Voluntaristic liaises-faire – late 1930 s to early 1990 s Economic Crisis of early 1990 s ushered in social dialogue/compact within the context of voluntarism early 1990 s - - -

(In IR) Out of the recommendations of the Royal Commissions the late 1930’s: n n Trade Union Act. Labour Department Act. Up to that time trade unions were regarded as unlawful combinations acting in restraint of trade.

The Trade Union Act: § Relieved TUs from the possibility of civil and criminal action when acting in contemplation or furtherance of a trade dispute. § It provided for the registration of TUs as legal entities; § it provided for their right to peacefully assemble to obtain or communicate information; and § peacefully to persuade any person to work or to abstain from working.

At that time, and up to the mid 1970’s in Britain, the dominant view was that reliance be placed on the dynamic of industrial and political power counterbalancing economic power in ensuring job regulation. Trade unions found contact with judicial institutions difficult, expensive and usually to their disadvantage.

Legal regulation sought merely to provide: n certain minimum social conditions in employment n a floor/base to protect vulnerable segments of the working population; and n legal immunities from civil and criminal liabilities.

Described as an abstentionist legal approach; legal enactment is accorded a necessary but secondary role; providing protection from criminal and civil liabilities, leaving the processes of job regulation to the IR power dynamic. The alternative is an “interventionist” approach. This involves the enactment of a more comprehensive labour code with positive rights and obligations.

In B’dos, Central Authority’s role is through the Labour Department. That Department Administers/enforces the basic legislation: - Factories Act - Night work - Maternity leave - Shops Act - Minimum age in employment - Protection of wages; and is mandated to receive and investigate all representations of employers or of employees with a view to the settlement of dispute, grievances and to conciliation.

Conciliation Parties are free to: n accept or refuse an offer to conciliate; n refuse Labour Department conciliation; n determine the terms and conditions of their relationship; n contracts formed are binding in honour only.

• There are no legally defined processes, procedures or issues n The process is applied to disputes in the private sector and para-state entities only. (Public officers – CPO)

• Steps in Conciliation: -Matter discussed at enterprise level between shop steward & management -Matter discussed at enterprise levelunion official, shop steward and mgt. -Matter discussed at the central domestic levelshop steward, union official –mgt. , Employers’ Confederation (BEC) officials.

• The Chief Labour Officer (CLO) is asked to conciliate Shop stewards, Union officials - mgt. , BEC n CLO refers matter to Minister of Labour Shop steward - mgt. Union official - BEC - CLO Ministry officials (by this time the matter has become a major news item)

Min. of Labour refers matter to the Prime Minister Shop steward - mgt. - Min of Labour, CLO Union official - BEC - Min. officials (Matter is now the major news item of the day)

In conciliation, a third party brings the disputing parties together voluntarily to assist them to arrive at their own agreement. The conciliators’ primary role is to keep the parties together, reduce and sanitize inflammatory rhetoric and reduce tension. Parties should emerge feeling satisfied that their needs and interests have been taken into account, that they have achieved the best outcome possible, and that they would enter the process again the next time a problem arises. Among the advantages are that the proceedings are “off record” and the parties may revert to their original

Conciliation in trade union recognition issues n Barbados has ratified ILO Convention 87 Concerning Freedom of Association and Protection of the Right to Organise. n In seeking to give effect to those rights TUs organise workers. Where an issue over recognition arises the CLO is asked to conduct a survey of union membership among employees of the bargaining unit identified.

Recognition is usually granted where the CLO confirms there is a 50% + 1 membership. There is nothing to prevent a demand for recognition where the 50% + 1 is not met. Recognition depends on the willingness of the employer to treat with the union. Once recognition is achieved there is no process of de-recognition. A look at two examples may be instructive:

In Barbados Workers’ Union vs Off-shore Keyboarding: - The company rejected the survey system long in use through custom and practice. They proposed a secret ballot of employees. -This was rejected by all actors in the IR system and the company admonished to comply. -The company rejected this and eventually withdrew from Barbados.

In Barbados Workers’ Union vs Royal Westmoreland: -The BWU claimed recognition despite not having the 50% + 1. (the union may have been concerned about union busting tactics) -The company resisted. -Nine days of industrial action ensued -Arising out of a process of private conciliation the Company recognised the BWU & re-instated the dismissed workers.

n There is freedom to use or not to use the mechanism of conciliation through the Labour Department. n There are times other mechanisms have been used. n Industrial might counter-balancing economic might work to determine “right”. n B’dos’ system of conflict resolution in IR has from its inception reconised thus:

“Society cannot and should not rely exclusively on the Courts for the resolution of disputes; other mechanisms maybe superior in a variety of controversies. They may be less expensive, faster, less intimidating, more sensitive to the disputants’ concerns and more responsive to underlying problems. They may dispense better justice, result in less alienation, produce a feeling that a dispute was actually heard, and fulfill a need to retain control by not handing the dispute over to Lawyers, judges, and the intricacies of the legal system” (US Department of Justice 1984)

Let Us Shake On Our Agreement