ST. Andrew'S Estate et Al v Oilfields Workers' Trade Union

• Jurisdiction: Trinidad & Tobago
• Judge: Sealey, C.
• Judgment Date: 28 June 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 73 of 1983
• Date: 28 June 1991

Industrial Court

Sealey, C.

73 of 1983

ST. Andrew'S Estate et al

and

Oilfields Workers' Trade Union

Appearances:

Mr. R. Armour - Attorney-at-law, for 1st party no. 1.

Mr. L. Bhola - Proprietor, for 2nd party no. 1.

Mr. B. Dolsingh - Attorney-at-law for 3rd party no. 1.

Mr. H. Wooding - Attorney-at-law for 4th party no. 1.

Mr. H. Wooding - Attorney-at-law for 5th party no. 1.

Mr. F.A. Agostini - Proprietor for 6th party no. 1

Mr. M. Haynes - Attorney-at-law for 7th & 8th party no. 1.

Mr. A. Alexander - Senior Counsel for party no. 2.

Mr. C. Bernard - Attorney-at-law for Attorney General.

Industrial law - Collective agreement — Negotiations for revision of collective agreement — Failure of negotiations — Referral of dispute to court for settlement — Issue of certification of union — Whether dispute ended upon cancellation of certificate of registration — Jurisdiction of court — Rules of Association — Disputed items — Duration of agreement — Probation — Acting appointments — Meal allowance — Public Holidays — Vacation leave — Other leave of absence — Termination of service — Protective clothing — Miscellaneous provisions — Cost of living allowance — Wages — Settlement by court.

Sealey, C.

1 In the course of negotiating the revision of a collective agreement which expired on December 31st, 1982 the Cedros Planters Association (‘the Association’) and the Oilfields Workers' Trade Union (‘the Union’) arrived at agreement on a number of articles and executed a memorandum of agreement in accordance with section 56 of the Industrial Relations Act, (‘the Act’). In respect of the remaining articles, the Union reported a dispute to the Minister of Labour on March 8th, 1983.

2 The Minister failed to resolve the differences issued certificates to this effect on, April 27th, 1983 and referred the dispute to the court on May 2nd, 1983.

3 The bargaining unit covered by the collective agreement comprised the hourly-daily-rated and task workers employed by the members of the Association

4 The Association which was registered as a trade union on November 13th 1958, comprised seven agricultural estates in the county of St. Patrick engaged primarily in the cultivation of coconuts and the production of copra; namely F.A. Agostini Estates Ltd.; Columbia Estate Ltd.; Greig (Cedros) Estates Ltd.; Icacos St. Andrew's Estate Limited; the proprietors of L'Envieuse Estate; Perseverance Estate, (Cedros) Ltd.; and St. Quintin Estate Limited. On April 8th 1983 the Association, on the ground that it was operating illegally with only five (5) members resolved that it should be dissolved. In the event, the Registrar of Trade Unions at its request cancelled the registration with effect from July 15th, 1983,

5 The cancellation of the registration of the Association was brought to the attention of the court and it was submitted on behalf of the member estates that there was no longer a dispute for adjudication by the court. The Union sought and was granted an adjournment to have its certificate of recognition amended by the Registration, Recognition and Certification Board, (‘the Board’).

6 By letter dated November 27, 1984 the Union notified the court that it had been certified as the recognised majority union on behalf of workers employed on the following estates with effect from the dates mentioned:

St. Quintin Estates Limited; August 13th, 1984;

St. Andrew's Estate Limited; August 13th, 1984;

F.A. Agostini Estates Limited; August 13th, 1984;

Trinidad Plantations Limited; August 13th, 1984;

Perseverance Estate (Cedros) Ltd.; February 20th, 1984;

Singh's (Cedros) Estate October 15th, 1984.

7 It was not certified for workers employed on L'Envieuse Estate as the Board found that it did have more than 50% membership of the hourly and daily-rated workers employed by that Estate. On June 18, 1985 at a hearing for further directions the court ordered the substitution of the following estates for the Association and the submission by them, jointly or separately, of evidence and arguments in writing - Perseverance Estate, St. Andrew's Estate, Singh's Cedros Estate, Trinidad Plantations Limited (Columbia Estate), St. Quintin Estate Limited, F.A. Agostini Limited (Constance Estate), and L'Envieuse Estate.

8 In complying with the order of the court the estates raised objection to the hearing of the dispute; although the emphasis varied, the common grounds of objection emerged as follows:

• i. The dissolution and subsequent cancellation of registration of the Association as a trade union put an end to the dispute and as a result there was no dispute before the court.

• ii. The employer/union relationship between the Association and the Union came to an end with the dissolution of the Association and cancellation of its certificate of registration, and the individual member/estates had no right to continue in the place of the Association;

• iii. Any right which the Union claimed to recognition derived from the subsequent certificates issued by the Registration, Recognition and Certification Board with effect from the dates of issue of the certificates of recognition;

• iv. In any event, subsequent to those dates the individual estates had received no proposals from the Union for any collective agreement.

9 Besides these common objections to number of estates made other submissions; the management of L'Envieuse Estate contended that the Union had been denied certification as the recognised union by the Board on the ground that it did not have more than 50% membership among the hourly and daily rated employee of the estate.

10 On behalf of Singh's Cedros Estate Limited (Singh's) it was contended that that estate had become the owner of Greig Estates Limited from 1974 subsequent to the resignation of that estate from membership in the Association. Singh did not become a member of the Association: Moreover, it was contended that as a result of a licence granted to him Jeffrey Mouttet was the employer of the workers on that acetate and should he substituted for Singh.

11 Perseverance Estate was purchased by Earle Bhola from Perseverance Estate (Cadres) Limited in November 1983 and it was submitted that there was no relationship between Bhola and the Union. We are of the, view, however, and so hold, that Perseverance Estate as successor Perseverance Estate (Cadres) Limited incurred the obligation to treat and deal with the Union.

12 Section 2 of the Act provides inter alia:

• “(i) and “employer” means a person who employs a worker and the term shall include -

  • a. such persons acting jointly for the purpose of collective bargaining;

  • b. an association or organisation of employers that is a trade union registered under the; Trades Unions Act. and

  • c. a person … within the meaning of subsection (4)(b).

13 The Association falls under (b) above and the question before the court was whether the dispute referred to the court came to an end and upon the demise of the Association by the cancellation of its certificate of registration, leaving, as contended by the estates, nothing upon which the court could exercise its jurisdiction.

14 The registered rules of the Association include the following provisions:

• Rule 2 - “the objects of the Association shall be to act behalf of the members in all matters connected with labour and “industrial relations in relation to the members' estates in the County of St. Patrick and particularly to represent the members in all negotiations with Government or Trade Unions or other persons or bodies in connection with, Labour Relations: and: further to act on behalf of members in such other matters relating to their estates as may be decided by the Association in accordance With these Rules.”

• Rules 4 - the members of the Association shall be: F.A. Agostini Estates Limited Columbia Estate Limited Greig (Cedros) Estates Limited Icacos St. Andrew's Estate Limited Proprietors of L'Envieuse Estate Perseverance Estate (Cadres) Limited St. Quintin Estates Limited and such other owners, whether companies or individuals, of estates in the County of St. Patrick as May be duly elected in accordance with these Rules from time to time.”

• Rule 10 - “Members will act through the Association in ell matters covered by the objects of the Association and in particular will not recognise or deal with any Trade Union save one approved of and recognised by the Association.”

• Further

• Rule 11 - “(a) members by joining the Association agree to abide by and to conform to all agreements as to verges and conditions of service relating to their several estates made by the Association on their behalf.

• (b) A member who has paid all subscriptions up to the end of any current year may resign from the Association at any time by notice in writing, served on the Secretary: Provided that such resignation shall not in any circumstances be, effective to relieve such member from liability under in agreement affecting such member entered into by the Association with any Trade Union or the result of any Arbitration or compromise arising thereunder if the notice of resignation was not served on the Secretary before the date of any such agreement.”

15 Looked at as a whole these rules in our view, provide for the operation of an organisation to facilitate bargaining jointly with the recognised trade union for the settlement of terms end conditions of workers employed on the member-estates, to he observed and applied in the day to day management by each member estate in respect of its own workers.

16 Since its registration as a trade unions the Association negotiated and executed collective agreements with the Union and was actually in the course of negotiating the revision of an expired collective agreement and had executed a memorandum of agreement on certain articles, when it was decided by a reduced membership to correct what was perceived to be an...