Trinidad and Tobago has several active trade unions, which
are responsible for the protection of workers’ rights
and the negotiation of collective bargaining agreements. Many
employees are faced with deciding if they should join a trade
union. This article considers the rights of employees and
trade unions.
The Constitution recognises and protects freedom of association
and assembly. Whilst no reference is made to trade unions,
the court has declared that the right to join a trade union
is protected.
The Industrial Relations Act (IRA) provides that every worker
has the following rights:
* the right to be a member of any trade union or any number
of trade unions of his choice;
* the right not to be a member of any trade union or other
organisation of workers or to refuse to be a member of any
particular trade union or other organisation of workers;
* the right to take part in the activities of the trade
union including holding office as an official.
Forming a trade union
For a trade union to legally represent or engage in collective
bargaining on behalf of any workforce, it must possess a Certificate
of Recognition. The Registration, Recognition and Certification
Board, decides on any application made by a trade union, seeking
certification.
Where a trade union has obtained certification or recognition
for workers in a bargaining unit, the employer has to recognise
that trade union as the recognised majority union. The employer
must also, in good faith, treat and enter into negotiations
with the trade union for the purposes of collective bargaining.
Can a worker be victimised
for joining?
Under the IRA an employer cannot:
* dismiss a worker;
* affect a worker’s employment; or,
* alter a worker’s position to his or her disadvantage;
because the worker is an officer, delegate or member of
a trade union.
In addition, an employer cannot:
* make the employment of a worker subject to the condition
that he or she shall not join a union or give up trade union
membership;
* dismiss or act against a worker because of union membership
or worker participation in union activities outside working
hours;
* prevent the worker from becoming an officer, delegate
or member of a trade union.
When can a worker
take industrial action?
The IRA says that where there is an “unresolved dispute”
between the employer and the recognised majority union, the
employer or recognised majority union may take action by way
of lockout or strike respectively. “Lockout notice”
or “strike notice” must be given to the other party
and to the minister. Where industrial action is taken other
than in keeping with the Act, the party taking such action
is guilty of an industrial relations offence and subject to
the penalties under the Act.
Who cannot take
industrial action?
All employees of essential services are barred from taking
industrial action. Essential services include:
* electricity service;
* water and sewerage services;
* internal telephone service;
* external communications (telephone, telegraph, wireless);
* Fire service;
* Health services;
* Hospital services;
* Sanitation services including scavenging;
* Public school bus service.
Further, the following persons are not allowed to engage in
any industrial action:
* Members of the Public Service;
* Members of the Police Service;
* Members of the Prison Service;
* Members of the Defence Force;
* Members of the Fire Service;
* Members of the Teaching Service;
* Employees of the Central Bank.
What is the role of the
Industrial Court?
The Industrial Court is a superior court of record with powers:
* to hear and decide trade disputes;
* to register collective agreements and to hear and decide
matters relating to the registration of such agreements;
* to command trade unions or workers from taking or continuing
industrial action;
* to determine proceedings for industrial relations offences
under the Act.
The Industrial Court has the same power as the High Court
to punish any contempt of court.
—Leon WIlliams and Ronnie Boodoosingh
