By Earl Moxam, Senior Gleaner Writer SOME LEADING trade unionists have flatly rejected suggestions that infant industries and enterprises be granted a moratorium from the involvement of organised labour while they are being fully established.
The suggestion which emerged in the wake of the recent labour problems which have largely been blamed for the shutdown of the two-year-old Ausjam gold mine in Clarendon, has been dismissed by Clive Dobson, president of the National Workers Union.
"Any industry in Jamaica, based on our laws, that is talking about wanting a break before the workers should be unionised, should not have invested in Jamaica," said Mr. Dobson. "These workers are entitled by law to be represented by the union of their choice, and that kind of thinking is backward because what it really does is to give an impression that unions are disruptive, when the history of unions in Jamaica is that where we get into a place to represent workers we have done things more positive than harmful."
On Monday, December 1, Ausjam's management an-nounced the closure of the gold mining operation, citing a decline in high quality gold reserves at the current mining site and what it described as the frustrating labour relations climate at the plant. The company charged that the United Union of Jamaica (UUJ) had persisted in making unreasonable wage and fringe benefits demands, making it impossible to continue what had become a losing enterprise.
START-UP ENTERPRISES
Sameer Younis, well-known manufacturer and retailer, who makes no secret of his scepticism about the usefulness of trade unions, supports the notion that they be kept out of start-up enterprises, such as the Ausjam goldmine. In a black and white summary of his philosophy, Younis advocates the following formula: I have a job available. I'm willing to pay so much. Do you accept the job at this? This is how were going to do it; We're going to tie it to production. If we produce 100 pounds of gold a month, you get X; If you produce 120 pounds, you get X plus 20. And there would be no need for unions!
Such a formula makes veteran trade unionist Vincent Morrison see red. "This is not 1938 (the year of the major labour uprisings that led to greater political and trade union rights) and we will never accept any such colonial notion. The right of workers to be represented by the union of their choice from the start will not be surrendered," according Mr. Morrison said.
Nevertheless, Herbert Lewis, president of the Jamaica Employers Federation, does see some merit in a sort of holiday period for young businesses trying to find their footing.
At the same time, however, he is advocating major discussion regarding the representation of workers. In the JEF President's formulation, workplace issues would have to be discussed and agreed by the tripartite partners government, labour, and employers.
UNION REPRESENTATION
He concedes that there are some employers, even in today's world, who do not recognise trade union representation as something to which workers are entitled. Similarly, he said, while there are enlightened trade unionists who see the need for dialogue and compromise, there are others who do not see it that way. Mr. Younis contended however that the unions were still stuck in the past, arguing that they have not come out of 1938.
He cited the garment sector, particularly the 807 free zone operations of the 1980s and 1990s as one instance in which he claimed the aggressive posture of trade unions caused the demise of a once promising area of employment creation and economic growth.
"In quite a few of them the unions were the ones that destroyed them. A good friend of mine told me that he would have been in business still, but the unions came in and made some heavy demands and they had to close down, and several others have blamed the unions for closing down their plants, Mr. Younis claimed.
Mr. Morrison, who is also island supervisor of the National Workers Union, and who had several public fights with garment manufacturers, rejected any responsibility for the demise of the sector.
Instead, he said, most of these companies were never unionised, yet they closed down when it suited them to move on to other countries in the region, even after the Kelly Board of Inquiry advocated a formula that was aimed at ensuring stability in the sector while giving the workers a greater voice.
ENQUIRER
Dan O Kelly, who was appointed sole Enquirer into conditions in the garment sector by the Government of the 1980s, submitted his report on February 1, 1989. He advocated, among other things, the setting up of an Advisory Council.
This council, he said, would be responsible for promoting and securing the largest measure of co-operation between management and workers. It would also be responsible for consideration of wages, hours and working conditions in the industry considering measures of regularising and increasing production and employment considering machinery for the speedy settlement of differences between employers and employees.
Ruddy Spencer, senior vice-president of the Bustamante Industrial Trade Union, also dismissed the charges that the unions caused the demise of the 807 companies.
Mr. Spencer, Opposition MP for South East Clarendon, who speaks on Labour in the House of Representatives, maintained that it was wrong for any government or any ministry or department to advise people that they would have a free rein in this country without workers being unionised, without at least entering into some form of dialogue with the Jamaica Confederation of Trade Unions.
While not being able to confirm that the Government of the day gave any such assurance, Mr. Spencer affirmed knowledge of many instances in which the people came here expecting a kind of labour market that was inconsistent with local reality.
Nevertheless, Ruddy Spencer does not rule out the possibility of dialogue giving rise to a short-term 'accommodation'.
"It could be that you're trying to attract some investment and you approach the Confederation and discuss how to establish free zones for example, without having any problem. Can we look at it over a two-year period? But you have to first enter into dialogue. It would be wrong for the Government to give any assurance to any company that your company will not be unionised."