Steel Workers Union of Trinidad and Tobago v Central Trinidad Steel Ltd

• Jurisdiction: Trinidad & Tobago
• Judge: Beckles, J.,Paul, J.,Benjamin, J.
• Judgment Date: 28 July 1993
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: Nos. 16, 17, 18 of 1991
• Date: 28 July 1993

Industrial Court

Beckles, J.; Paul, J.; Benjamin, J.

Nos. 16, 17, 18 of 1991

Steel Workers Union of Trinidad and Tobago

and

Central Trinidad Steel Ltd.

Appearances:

Mr. V. Edwards, consultant, for Party No. 1

Mr. T. Lee, attorney -at-law

Mr. S. Jairamy, attorney-at-law, for Party No. 2

Industrial law - Statute — Industrial Relations Act — Application under s. 64(1) — Eighty three (83) workers participating in undisclosed form of industrial action — Workers dismissed — Application for order that workers be excused from consequences of action — Section 84(1) — Application of company against workers — Workers accused of industrial action contrary to Act — Industrial relations offence — Workers involved in “go slow” — Application of union under section 84(1) for order against company for industrial action in form of lock out action contrary to Act — Company seeking cancellation of certificate of recognition of union — Deadlock in negotiations — Parties embroiled in bitter and unrewarding struggle — Workers responsible for shortfall by deliberate actions — Union's application on behalf of workers rejected — Dismissal of workers upheld — Finding that union guilty of offence under section 53(1) — Union fined nominal fine — Refusal of court to cancel certificate of recognition of union — Company found not guilty of unlawful industrial action — Union and workers guilty of taking industrial action not in conformity with Act.

JUDGMENT OF THE COURT:

1 By letter dated 1st July, 1991 the Steel Workers Union of Trinidad and Tobago (“the Union”) made application to the Industrial Court for an order that eighty-three (83) workers who were members of the Union and who had received letters of dismiss from Central Trinidad Steel Limited (“the Company”) that they had taken alleged industrial action against the Company by not reporting for duty as rostered be treated as having been excused from the consequences of such action. The said letter reads as follows:

“1st July, 1991

The Registrar

The Industrial Court of Trinidad and Tobago

St. Vincent Street

Port of Spain

2 The Steel Workers' Union of Trinidad and Tobago (“the Union”) of Point Lisas Estate, Couva, being the recognised majority Union for all hourly-rated employees, in accordance with section 64(1) of the Industrial Relations Act, chap. 88:01 (“the Art”) herby makes application to the Court for an Order that eighty-three (83) workers who are members of the Union and who are employed with CENTRIN: Central Trinidad Steel Limited of the same address (“the employer”) be treated as having been excused from the consequences of allegedly participating in an undisclosed form of industrial action, presumably, not in conformity with Part V of the Act.

3 By identically worded letters, sent by registered post, each of the aforesaid eighty-three (83) workers was accused of allegedly taking industrial action contrary to the Act. As a result, therefore, the employer concluded that all the workers, by their action, had abandoned their jobs or committed a fundamental breach of contract going to the root of the contract of employment. (Copy of letter attached hereto).

4 While the Union views that the contents of the letters, as they relate to the consequences of the alleged action are quite unspecific, it nevertheless made this application, out of an abundance of caution, to keep within the time limit provided in the Act.

For: STEEL WORKERS UNION OF TRINIDAD AND TOBAGO

Sgd: Anthony Mowlah-Baksh

General Secretary cc:File (2)

/jd”

5 By letter dated 25th July, 1991 Central Trinidad Steel Limited (Centrin) (“the Company”) made application to the Industrial Court for an order pursuant to Sec 84 (1) of the Industrial Relations Act Ch 88:01 against the Steel Workers Union of Trinidad and Tobago (“the Union”) in respect of alleged industrial relations offences contrary to Sec 63(1) of the Act. In addition the Company sought pursuant to the said Sec 63(1)(b) an order of cancellation of the certificate of Recognition of the said union.

“25th July, 1991.

The Registrar,

Industrial Court of Trinidad and Tobago,

St Vincent Street,

PORT OF SPAIN.

6 Dear Sir,

7 Re: Industrial Relations Offence.

8 Central Trinidad Steel Limited, (“Centrin”) hereby makes an application to the Industrial Court pursuant to section 84 (1) of the Industrial Relations Act Chapter 88:01 for an Order against the Steel Workers Union of Trinidad and Tobago (“SWUTT'), the duly recognised majority union of the hourly rated workers of Centrin in respect of:–

• (i) An Industrial Relations Offence committed by SWUTT, contrary to Section 63 (1) (b) and also Section 63 (2) (b) of the Industrial Relations Act Chapter 88:01, in that SWUTT during the period. Monday the 13th day of May, 1991 to Friday the 31st day of May, 1991 and/or continuing, took industrial action otherwise than in conformity with Part V of the Industrial Relations Act Chapter 88:01.

PARTICULARS

• SWUTT, being the duly recognised majority union in respect of the bargaining unit comprising Centrin's hourly rated workers, took industrial action, commonly known as a “go-slow” between the aforesaid period when SWUTT directed its members comprising the said workers to embark on the said “go-slow”, or alternatively refrained from directing its, the aforesaid members (workers), to abandon the said “go-slow” and resume work or production at the normal level.

• (ii) An Industrial Relations Offence committed by SWUTT contrary to Section 63 (1) (b) and a1-r, Section 63 (2) (b) of the Industrial Relations Act Chapter 88:01 in that SWUTT during the period Monday the 3rd June, 1991 to Friday the 14th June, 1991, took industrial action otherwise than in conformity with Part V of the Industrial Relations act Chapter 88:01.

PARTICULARS

SWUTT, being the duly recognised majority union in respect of the bargaining unit comprising Centrin's hourly rated workers, took industrial action, to wit, by directing the said members (workers) to withhold their labour, or alternatively, by failing and/or refusing to direct its said members (workers), to report for duties at the stipulated times and days, or alternatively, by getting its said members (workers) to strike, or further or in the alternative, by embarking on a “sick-out” during the aforesaid period, or alternatively SWUTT refrained from directing its members (the aforesaid workers) to resume work between the aforesaid period or at all.

PARTICULARS

9 By reason of the matters aforesaid, Centrin submits:

• (i) that SWUTT has taken industrial action otherwise than in conformity with Part V of the Industrial Relations Act Chapter 88:01;

• (ii) that SWUTT is guilty of an industrial relations offence,

  and respectfully asks that this Honourable Court make an order pursuant to Section 63 (1) (b) of the Industrial Relations Act Chapter 88:01, cancelling its Certificate of Recognition in respect of the hourly rated workers of Centrin, and also impose a fine as prescribed by section 63 (2) (b) of the Industrial Relations Act Chapter 88:01.

10 Centrin would be grateful if this matter could be heard and determined as early as possible.

Yours respectfully,

CENTRAL TRINIDAD STEEL LIMITED

Sgd: KEITH CHIN CHEONG

General Manager.

• C.C (1) The Honourable Minister of Labour,

• Employment and Manpower Resources.

• (2) Mr. Anthony Mowlah-Baksh. The General Secretary,

• SWUTT

• POINT LISAS.

• (3) Mr. S. Jagmohan,

• Branch Secretary,

• CENTRIN.

• (4) Mr. D. Ramadhar,

• Branch President,

• CENTRIN.”

11 By letter dated 2nd August, 1991 the Steel Workers Union, Trinidad and Tobago (SWUTT) (“the Union”) made application to the Industrial Court pursuant to Sec 84:01 of the I.R.A. Ch. 88:01 for an order against Central Trinidad Steel Limited (Centrin) (“the Company”) in respect of an alleged industrial relations offence.

“2 ^nd August, 1991

The Registrar

Industrial Court of Trinidad and Tobago

St. Vincent Street

Port of Spain

Sir,

Pursuant to section 84(1) of the Industrial Relations Act (“the Act”) Chap. 88:01, the Steel Workers' Union of Trinidad and Tobago (“the Union”) of Point Lisas, Couva hereby applies for an order against CENTRIN - Central Trinidad Steel - (“the employer”) of the same address in respect to an industrial relations offence committed as follows:–

• (a) that the employer on the 3rd and 10th days of June, 1991 took industrial action in the form of a lock-out against eighty-three (83) workers otherwise than in conformity with Part V of the Act.

• (b) the said workers are employees of the employer on the hourly-rated payroll and are represented by the Union which is the recognised majority Union.

The Union respectfully requests the Honourable Court to accord this application the highest priority possible.

Respectfully,

For: STEEL WORKERS' UNION OF TRINIDAD AND TOBAGO

Sgd: Anthony Mowlah-Baksh

General Secretary cc: CENTRTN File (2)

/jd”

12 These matters were first set down for hearing on the 14th January, 1992 but due to the non appearance of the Union were adjourned to 16th January, 1992 when by consent, the matters mere consolidated and heard together.

13 The Company's complaint being the first in time, it was allowed to commence. Mr. Lee counsel for the company, outlined the case as presented in its Evidence and Arguments filed in the Court on 17th February, 1991. This evidence was amplified by the oral testimony of Mr. K. Chin Cheong, General Manager of the Company, Norris Ferguson, Chief Security Officer, Kenneth Stoute, employee, Ravi Jaimungalsingh, Electrical Superintendent and Sgt. Anthony Snaggs. Sukram John, an employee, was called as a witness by the Company, but he gave conflicting testimony about which more will be said later in this judgment.

14 The burden of the Company's evidence was that during the period 13th May, 1991 to 31st May, 1991 production levels at the Company's plant dropped significantly by some 75 percent. In...