encopt map J Tabour and industrial elation By the end of, this chapter you should be Labour and industrial relations able t understand the role of trade unions; explain conflict resolution strategies; explain what employees and employers do when negotiation fails. » worker dispute work > cfievance a | fof trade union |=) Sioccaure ie negeisiont | ea dispute cn fue ¥ action ES arbitration Why people work Work may be defined as whatever people do in order to earn a livelihood. ‘Humans have always had to work to sustain themselves, but work is more than just a biological necessity. It has also been a means of acquiring material possessions and power. In recent times two concepts of work have become prevalent. One is the notion that labour (work) was the origin of individual ownership and the source of all economic value, The other sees work as creative labour. However, workers want more than just money. Once basic economic needs are satisfied (and even when they are not), workers are interested in job security. Apart from money and a secure job, workers want to feel that they are regarded and treated as human beings ~ that their human dignity is respected. They also want work that is challenging and relish an opportunity to exercise any talents they have (or think they have). They want to have, or at least feel they have, some share in the decision-making process in the work situation, Unsatisfactory work experiences lead to: + job dissatisfaction or discontent, covert ot overt, latent or expresse + lack of interest and apparent laziness; + frustration and the brain drain; and (sometimes) « alienation, neuroses, and even more severe forms of mental illness. Trade unions: a brief Caribbean history In the Caribbean, when trade unions began they were virtually indistinguishable from labour movements. Both emerged as single anticolonial mass movements ~ with varying emphasis, at different stages and in different territories, on social, economic, and political or constitutional reforms, ‘The ‘green shoots’ of Caribbean trade unionism revealed themselves soon after World War I, when a working-class awakening and national consciousness 7 20). 47 - Labour and industria relations 78 emerged. Before this a few workers’ organisations had existed which agitate¢ on behalf of labour, some of which were truly trade unions. For example: «The Trinidad Working Men’s Association (in the late nineteenth century) was organised by Alfred Richards. « In Guyana, attempts were made to organise workers into trade unions (by Hubert Critchlow) and strikes were organised during the first decade of the twentieth century. + In Jamaica, a number of pre-war craft unions existed, with which Marcus Garvey was associated. There was also a Tobacco Workers Union and a local branch of the American Federation of Labor (the Jamaica Trades and Labor Union No. 16203) The end of World War I brought an upsurge in demand for the improvemen of working-class conditions, accompanied by attempts to organise the workin, class and to create mass movements. «= In Jamaica, a series of strikes took place between 1918 and 1919 in various industries and services. At about this time (the early twentieth century), also in Jamaica, Bedwardism — a quasi-religious body of unemployed and discontents - arose, being indoctrinated with hostility to and total rejection of society. However, more serious than Bedwardism was Garveyism. Its philosophy was one of negritude improvement and denunciation of the Wwhite-power regime. Garvey founded the People’s Political Party in 1929, and this served as a lesson and proof of the organisational possibilities of, the working class. Both Bedwardism and Garveyism were mass movements alienated from the middle class. In Trinidad the situation was different because, owing to the composition of the population, leadership came from the middle class. Captain Andrew Cipriani became president of the Trinidad Working Men‘s Association in 1919. His slogan was ‘agitate, educate and confederate’, He used this to condemn and oppose the existing colonial structure and to whip up nations sentiment. «In Barbados there was resignation with regard to the extremely rigid colour class structure. After World War La popular democratic movement was developed (by Clennel Wickham and Clement Innis). Later the Democratic League was formed, in May 1924. This movement failed to bring about confrontation with the establishment or to create any major social reform ‘Thus, by the first quarter of the twentieth century, the struggle and role | the labour movement trade unions was one of confrontation with the colon powers and plantocracy-nationalism. The next stage was the ‘period of dist ances’, 1934-9 (see Table 7.1). Table 7.1 Unrest in the Caribbean, 1934-9 Period Events, May-July 1938 Sarbanes onsieareseIncbindadl Timuay 135 DisurDance i SURI May 1035 skeet Eaimoudh emai 2 en ee ontaven1935 loti Kingston and Camden Park i Jane 1937) ‘General disturbances in Trinidad : oly 1937 General distuybances ia Barbados May 1938 Disturbances m Frome, Jamaica Maysune 1938 (General disturbances in Jamaica February 1939 General disturbances in British Guiana (Guyana)=a) igure 7.1 Sir Alexander Bustamante ee ee for the masses and a less restricted way of life. In all territories, society was pauperised, underdeveloped and conspicuously unjust, with a rigid class stratification based on colour, which led to job hierarchy. ‘This period saw the development of the true trade union / organised labour movements. Alexander Bustamante (Figure 7.1) formed Jamaica's frst trade union, the Bustamante Industrial Trade Union (BITU) in 1938. The number of trade unions grew in all the islands and came to represent a wide variety of workers, a common feature being the alignment of trade unions with political parties. Between 1939 and the present time, the role of the trade unions as a base for mass support and the production of political leaders has continued, and has become one of the movement's main features throughout the Caribbean, except in Tinidad and Guyana where racial factors have now overtaken trade union ties in determining loyalties. Besides this function, trade unions have been active in other areas. They have been responsible for generating a limited amount of mass solidarity. They have been able to secure political change as well as social and economic benefits for the masses. Roles and functions of trade unions A trade union is an organisation of persons employed in an industry or follow- ing a particular trade who have joined together in order to improve their wages and working conditions. The main activities of trade unions are examined below. Trade union activities Collective bargaining Collective bargaining is a process by which members of the labour force, oper- ating through authorised union representatives, negotiate with their employers concerning wages, hours, working conditions and benefits (Figure 7.2). A trade ‘union which represents a substantial proportion of employees in a firm (above fifty per cent) is in the position of a monopoly supplier of labour, and has therefore greater bargaining power than the individual workers would have if they had to negotiate on their own for wages and working conditions. Figure 7.2. Trade union negotiationsbargaining > ge Define the concept of collective bargcining, negotiation > 80 ne Brocess of collective bargaining is fairly widespread and well estab in the Caribbean. The system is modelled after the waditional Briel sy and 'is self administered, based upon the principle of freedom and vol jection. Labour and management are free to regulate their relation determine terms and conditions of employment and settle thelt problen mutual consent. ‘There are two broad areas of collective bargaining in the Caribbean: 2 Hyateral determination of employment terms and conditions of work; 2. the application and administration of those terms and procedures agree upon, cliective bargeining is the process of negotiation of a contract between Trae miatives of labour and management. This process takes place on 2 by ake sis Without government interference. The negotiations may be ope by the presentation of proposals, usually by the representatives of soe Cencrally these proposals are rejected by management's representatives, take of bas coutter proposals are put forward by management. The give. lake of bargaining then follows. mr pe, Course of the negotiations, each side has available the threat of ¢ sa force. On labour’ side there are the weapons of go-slows, worksioig iGcouts and finally strike action with picketing, On managements ede ae $s the threat of lock-out or simply the refusal to accept labour demanae sn Ratt for collective bargaining to take place smoothly, three coaditi should be fulfile : 1 Bargaining must be pursued with good sense on both sides, This comes Eom tradition of good industrial relationships, and the establishes o Sther ective measure, eg, cost-of-living index, the wage rates paid in other trates or grades of work, or the profits being made by industry, to which wage rates can be linked. 2. Both sides must consist of strong organisations. 3 There must be an accepted procedure between the parties for dealing wit Miewtons as they arise. There are two stages of procedure: negotiations wt settlement of disputes. Negotiation Negowlation refers to a bargaining process between management and labor cercemnesNes: secking to discover areas of commonality, so as to reach SBiRement that is of mutual benefit to the parties in a conilic.. These nege Uations can be carried out: 1 Gg voluntary basis between the unions and employers’ organisations, { Phrough joint industrial councils, eg. Whitley Coundl; or + by wages councils. Settlement of disputes (grievance procedure) Wn ine Caribbean, labour legislation has generally been kept to the bar Disputes (nd, Usually takes the form of Minimum Wages Ordinances, Trad Dupes (Arbitradon and Inquiry) Ordinance, and, in some ace Publis Utilities Undertaking and Essential Services Ordinances, The machinery for th setlement of disputes generally proceeds by the following steps 1 The shop steward (union representative on the jobsite) is notified by workers of a dispute (grievance). 2 fhe shop steward takes up the matter with the relevant head, which may be a supervisor, Division head or Manager. 2 lithe matter is unresolved, the shop steward will report to the district office of the trade union. 4 The district office representative holds talks with the relevant senior officer of the firm, % If this fails, the union representative will report to the union executive,6 An executive member of the unton will hold talks with the manager of the division. 7 Ifthe bilateral negotiations between the management of the firm and the trade union do not result in resolution then the Chief Labour Officer (Commissioner) is instructed that a dispute exists. He then uses his office (conciliation) to try to get the parties to agree to a compromise solution. 8 When compromise jails to bring about a resolution then some form of compulsory arbitration is decided upon. This means the settlement of the dispute by an outsider, or neutral person or persons. Such a person is called an arbitrator. Sometimes there may be a Board of Arbitrators or an Arbitration Court set up to handle the dispute. 9 Incases where the Chief Labour Officer is not successful in getting the Patties to come to some agreement, the matter is then brought to the notice of the Minister of Labour who may take any of several prescribed ways of settling the dispute. These include: + enforcing compulsory arbitration by a third person; + holding an inquiry into the dispute; + sending the dispute to an industrial court; + the minister himself trying to get the parties to reach an agreement, Industrial courts, the decisions of which are binding on both parties, exist in some territories, e.g. Trinidad & Tobago (which also has an Industrial Stabilisation Act), Antigua and Guyana. Social activities The union is the means through which employees may express their views, not only on industrial matters but also on social issues, Some trade unions perform social functions by looking after the interests of their members who are sick, unemployed, recovering from illness or retired, Political activities The trade unions have had in the past, and still maintain even today, links ‘with political parties. In many Caribbean islands, the political leaders are also the trade union leaders in their countries. Some trade unions even sponsor ‘members to run for political office. Educational activities Many trade unions have set aside funds for the further education of their members and for children of members. There are also some trade union colleges in the region which offer courses in trade union principles and practices to their members, Types of unions and employment associations Craft unions ‘These are unions in which all the members, irrespective of the industry in which they work, practise the same craft or trade and follow the same occupation, e-g designers. Industrial unions As the name suggests, these are unions in which all members are employed in the same industry, e.g. oil or bauxitee—____ LUst four types of trade union found in the ‘caribbean, 82 General unions ‘These are very common in the Caribbean and are unions in which the membe are of many trades and employed in many industries. Staff unions These are unions in which members are all white-collar workers (clerks ap office staff). In many countries the trade unions have joined together to form congress or councils, and in the Garibbean there is the Caribbean Congress of Labo with affiliate members in most West Indian territories, Employers’ associations In many countries, wage negotiations are conducted by trade unions wit employers’ associations, for example in Barbados there is the Barbados Hot Association and the Sugar Producers’ Association, Employers’ associatior are usually organised by industry and serve as counterparts to the trac unions. There are also Caribbean associations of employers, e.g. the Caribiea Employers’ Association. Role of the trade union in a developing Caribbean ‘The main goals of trade unions in the region are simple; + t0 achieve the economic and political emancipation of all West Indian people: + to secure better wages and improve working conditions for the working > classes. ‘Trade unions see their future role primarily as working to secure soci justice and dignity for all classes. Their detailed goals may be seen in Table 7, ‘Taken together, these amount to a mobilisation of labour. Table 7.2 The goals of trade unions Feonomie goals Political goals “+ To foster greater economic ‘Independence and strengzhening of ‘economies, by formulating policies aimed at more national control of the Participation im the economies and at strengthening the economies in the region. ‘To stimalate initiative and self reliance among the masses by eating productive enterprises and ‘establishing financial institutions ‘ovwned and controlled by unions. To find ways and means of improving ‘Know-how among people of the region. To strengzhen regional imiegration movements, * To devise strategies and contributions: to plans aimed at the reduction of the evels of unemployment. “To work for the political unity of the * To assistm the development of an authentic Caribbean ideology for development and social change. (the idea is that we must stop using imported ideas and institutions, and think in terms of localising our institutions and ideas.) Social and cultural goals © To encourage an aiithentic Caribbean ccalture. To assist in the organisation and {greater expression of indigenous calture. * To advise government about the yestructuring of the educational systems in the region.Structure of trade unions Figure 7.3 shows a simple and a complex trade union structure. A. Simple structure je union) leadership of the a! “Shop stewards {located in plant, in touch with members and the committee) BB. More complex union (responsible for day-to-day running 6f union) = oe ‘Divslon or ranch committees (nancie divsion or banc business) Shop stewards (in touch with members at plant) Figure 7.3 Types of union structure Mobilisation of labour ‘The mobilisation of labour is essential if economic development is to become a reality in the region. Improvements in the quality of life for Caribbean peoples must come about through the development of self- reliance in all our communities; self-reliance of a kind which enables the region to make full use ofall its resources, especially its human resources. The question is how to mobilise labour in such a way that it will readily participate in communal self-help projects. Traditionally, most West Indian communities have practised some form of communal self-help project. jsation of labour > example It was a common practice for relatives und friends to assist a neighbour in building his or her house (Figure 74). Also in most communities there are ‘groups and organisations which carry out communal projectsindustrial relations » Figure 7.4 Assisting a neighbour qn some territories, trained social workers and community developers Pigy active roles in leading people into new activities within the villages. ‘These social workers try to give people experience in organising themselves {osolve problems by self-help and, just as importantly, to decide what they Consider to be their top-priority problems. The villagers are encouraged to" decide what special developments they value most, and to work for these developments by their own efforts rather than remaining passive objects of the national development programme. Through the assistance of these Community developers, projects such as road building, laying drinking. water pipes, irigation schemes and playgrounds for children have been undertaken in a number of villages. ere pecent attempts at mobilisation of labour and the development Of self-reliance have brought about the establishment of National Youn Services in many countries. In these schemes, youths are required tq do about two years of National Service. During those two years they participate in a number of national self-help projects such as read building, Sericilture and so on. The idea of a Caribbean Volunteer Coms (CVC) wer put forward by a co-author of this book as far back as 1974, The ve Was to function in a way similar to the American Peace Corps, but at the regional level. The idea was accepted by the CARICOM Secretariat and an ereement was drawn up, but that was as far as it got, Industrial relations the term ‘industrial relations’ describes the relationship @ union and its members have with an employer. Self-interest Xt is this seesaw posturing by both sides that determines a union’s ability 10 negotiate. High wages may be bargained for: * if workers’ productivity is high; 7 ARE Company is enjoying high profits which the union feels it should share with the workers;+ if the union has absolute control of members so that strike action is effective; * ifthe state of the economy is good — during high levels of unemployment, union power is weak: + if the union’s strike fund is in a healthy condition; * if workers have public sympathy; + where there is solidarity with other unions * according to the degree of government influence over union activity; + if the product of that industry is a necessity (e.g. gasoline), when unions enjoy an advantage (as against a teacher strike). On the whole, industrial peace is necessary for the achievement of economic growth, prosperity and high living standards. Industrial action Industrial action by employees Industrial action may be seen as @ pressure tactic on the part of labour. In cit cumstances where the negotiation process has failed to bring about a reasonable resolution to a dispute, a trade union may resort to measures that will affect the productivity of the firm. ‘When negotiations break down, usually due to the unyielding stance of unions or employers, it becomes necessary to implement conflict resolution strategies, such as introducing a mediator. Mediation mediation > Mediation, or conciliation, is a process whereby a neutral third party, that is agreeable to both the union and the employers, attempts to find ways to facilitate a continuation of the negotiation process. The mediator acts as a facli- tator, and cannot impose his wil. If mediation fails, the parties may choose to bring in an arbitrator. Arbitration arbitration Arbitration is only possible if both parties agree to it. Arbitration entails bringing in a neutral third party to hear arguments from all parties and impose a final solution. The decision of the arbitrator is binding on the parties. In many terri tories, there exists an industrial court which serves as arbitrator in industrial disputes. Once negotiations break down, the union may encourage its members to take industrial action. The purpose of industrial action is to put pressure on the employers, by negatively affecting the level of production, productivity and profitability of the firm, conflict resolution strate: Tools of indusirial action Go slow Employees go about their duties at a pedestrian pace although without breach- ing any company regulations. This will have an impact on the level of output and hence erode profitability. Overtime ban This is a form of industrial action where workers limit their time on the job site to the hours specified in their employment contracts, hence refusing to work any overtime. This will have a significant impact on business enterprises that rely on this extra effort by employees outside regular work hours. Work to rule In large organisations, a lot of the actions carried out by employees fall outside, or are not mentioned in, their job specifications. These customary procedures, 85@ —__ Why is strike action seen asthe lat alternative? efficient operation of the enterprise. When taking industrial action, workers ¢ only what their job entails, as outlined in their job specifications, and nothir more, This has the cffect of disrupting the business enterprise, e.g. teache not raising funds for the school although they continue to teach the norm, timetable. The effect of this action is to slow production and frustrate th employer, Picketing ‘The purpose of this form of action is to bring public pressure to bear on th firm. By making their plight known, the workers may receive support fro the public. This type of action also erodes the firm’s reputation, which ma have long-term consequences. Picketing entails workers gathering usually ; the entrance of a place of employment, parading with placards, and chantis slogans (Figure 7.5). They may also try to influence other workers to stay awa from the work site. WE WANT FAIR PAY Figure 7.5. Striking workers picketing outside a factory Closed shop This happens when an employce has to join a union before (pre-entry) or afte (post-entry) starting to work for a company. Its purpose is to ensure the powe of the union on the job site, as well as to keep wages artificially high by limitin, the supply of workers. Strike action This is usually a last resort, after all else has failed. his is a work stoppage sanctioned by the union, whereby workers refuse to carry out their jobs Sometimes workers strike without union permission, which is known as ¢ wildcat strike. Workers who go to work in defiance of a legitimate strike ar known as ‘scabs’. A strike fund is used to support striking workers, as employer will not pay absent employees. Industrial action by employers Employers may find that the demands made by workers are unreasonabl or that the stance of the trade unions is unwarranted. In such instances, # management of the firm are forced to take action to secure their business.a. When employers believe that workers might stage a sit-in or may engage in sabotage, they may take pre-emptive action by locking out employees. This means that no production takes place, but the productive capacity of the enterprise is maintained for future use Scab labour When employees are on strike, the management of the firm may resort to hiring short-term labour to carry out production. The act of working during a strike is known as crossing the picket line, and these workers are referred to as scab labour, © Work is what people do to earn a living, to satisfy basic economic needs. People need job security; they need to be treated fairly; most people want work that is challenging and to have a share in the decision-making process at the workplace. © Trade unions in the Caribbean find their roots in the anticolonial movement of the post-World War I era. ‘© Trade unions provect the interests of workers. © Trade unions engage in collective bargaining on behalf of their membership. © There are craft, staff, industrial and general unions. © The future role of unions is economic, political, social and cultural. © The term ‘industrial relations’ describes the relationship between employer and unions/members. 1 ‘© The three approaches to conflict resolution are negotiation, mediation and arbitration, © When negotiation fails, the parties may resort to mediation. © Jan arbitrator is agreed to by both patties, then the decision of the arbitrator is binding on the parties concerned. © The tools of industrial action include strikes, working to rule, overtime bans, picketing and going slow. 1. Three founding fathers of the unionised labour movement in the Caribbean are Mr Hubert Critchlow, Sir Alexander Bustamante and Captain Andrew Cipriani. 2 Collective bargaining is a situation in which a group (trade union) negotiates with management on behalf of all other workers. 3. Four types of trade union found in the Caribbean are crafts unions, staff unions, industrial unions, and general unions. 4 Worker and unions do not immediately resort to strikes because it means that workers are not reporting to work. They will not be earning any income, and they may be fired. In many countries, striking for economic reasons, ie. pay increases, Is sufficient grounds for dismissal. However, ‘workers striking because of unsafe working conditions cannot be fired 87