Transport and Industrial Workers Union v J.N. Harriman and Company Ltd

• Jurisdiction: Trinidad & Tobago
• Judge: Beckles, C.
• Judgment Date: 05 March 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 148 of 1989
• Date: 05 March 1991

Industrial Court

Beckles, C.; Pounder, M.

148 of 1989

Transport and Industrial Workers Union

and

J.N. Harriman and Co. Ltd.

Appearances

Mr. A. Nelson - 4th Vice President for party no. 1.

Mr. W. Nunez - Industrial Relations Consultant for party no. 2

Industrial law - Collective agreement — Breakdown in negotiations for new agreement — Review of company's operation — Retrenchment of workers — Effective date of retrenchment — Duration of agreement — Interpretation of provision — Whether union's claim for retroactivity tenable — Whether union able to negotiate wages for period prior to effective date of retrenchment — Failure of claim.

Beckles, C.

1 On the 28th March, 1990 the court gave an Oral Judgment in the above-named dispute in favour of J.N. Harriman & Co. Ltd. (referred to hereinafter as “the Company”). The court indicated on that occasion that if the parties wished it would deliver a written judgment, at a later date. The company's representative, Mr. Waldo Nunez there and then requested that the Court deliver such a judgment. We do so now.

2 The instant dispute stemmed from the breakdown in negotiations for the conclusion of a new Collective Agreement, on behalf of the hourly rated employees of the Company's Transport and Maintenance Department.

3 The last registered Collective Agreement between the Company and the Transport and Industrial Workers Union (referred to hereinafter as “the Union”) in respect of the bargaining unit comprising the hourly rated employees' of the company's Transport and Maintenance Department expired on December 31st, 1987.

4 No proposals for a new Collective Agreement were submitted by either side until 12th July, 1989 when the Company wrote to the Union suggesting that such negotiations commence on 25th July, 1989.

5 The Company and the Union met briefly on a few occasions but by letter dated August 8th, 1939, the Company informed the Union of its intention to clone down the Transport and Maintenance Department and retrench the workers comprising the bargaining unit represented by the Union. This intimation to the Union was quickly followed by letters of retrenchment dated 10th August, 1909addressed to the workers comprising the bargaining unit in the sport and Maintenance Department of the Company. A specimen letter of retrenchment attached Exhibit “H” to the Unions Statement of Evidence and Arguments is reproduced hereunder:

“Exhibit ‘H’

MEMORANDUM

TO: K. ROMAIN

FROM: R. JULIEN

DATE: 10TH AUGUST 1989

SUBJECT: TERMINATION NOTICE

We regret to inform you that a review of our operations has revealed that it trill no loner be economical to continue to maintain a Transport Department. As a consequences your services will no loner be required after Friday 11th August, 1989. You will be paid two weeks wages in lieu of notice together with severance pay in accordance with the agreed formula, and any other accrued benefits to which you will be entitled. We take this...