Buchanan (left) and Roberts (right) By Balford Henry,
Senior Reporter
AS FRIDAY'S crucial meeting between Minister of Labour and Social Security Donald Buchanan and representatives of both labour and employers approaches, there is some hope of a breakthrough on a number of controversial issues.
Whether this is sufficient, however, for consensus between the tripartite, which also includes the Government, is still uncertain.
Mr. Buchanan had announced in December that he would be calling the parties to an important meeting at the Crowne Plaza Hotel in St. Andrew on January 5. The Minister has threatened to throw down the gauntlet to both sides to bring an end to some five years of indecision over crucial labour law reforms.
Joint Confederation of Trade Unions (JCTU) spokesman Danny Roberts said yesterday that there was hope for resolution of some of the issues. "There is an element of understanding that both labour and capital are moving towards and we believe some consensus is possible," he said.
Mr. Robert's predictions were primarily based on proposals to let the status quo remain instead of introducing new controversial amendments to the Labour Relations and Industrial Disputes Act (LRIDA).
There seems to be some understanding between the unions and the employers on the question of the Right to Strike Clause. The unions have been contending that under this amendment when workers go on strike, it should be considered a suspension of their employment contract rather than a repudiation of the contract as the employers contend.
"We have suggested that the status quo be retained and you could very well see a commonality of opinion on that issue," said Mr. Roberts.
There is also a slight chance of some agreement on the issue of decertification, which would allow workers to discard unions they are not satisfied with.
The unions have opposed this amendment on the basis that it could be manipulated by employers, who would be able to apply to the Ministry for decertification of a union if they feel it does not have majority support among the employees.
But, two other issues seem to have remained outside compromise in the meantime. These are the definition of a worker which could give contract workers equal status with regular employees and the employers' insistence that the Industrial Disputes Tribunal should have discretionary powers to find that a worker has been unjustifiably dismissed without ordering reinstatement.
At the moment, the worker has the choice to request or reject reinstatement and the IDT has to accept his wishes.
Mr. Roberts said that the JCTU was "vehemently opposed" to both clauses being added to the LRIDA.
In the meantime, the International Labour Organisation (ILO), the Geneva-based body which groups government, labour and employers, is holding a forum in Port of Spain, Trinidad & Tobago, January 25-26 to encourage non-confrontational labour relations in the region.
Permanent Secretary in the Ministry of Labour and Social Security Tony Irons said yesterday that the Ministry would be represented at this meeting. The JCTU has already indicated it will attend. So too has several local companies, including Alcan and the Shipping Association of Jamaica.
Ironically, the meeting will be highlighting local Memoranda of Understanding (MOU), and Industrial Relations Agreement Operating in the bauxite sector and at the National Water Commission as one way to go.
