Interim Report - REPORT_NO117, 1970

CASE_NUMBER 592 (Jamaica) - COMPLAINT_DATE: 30-MAI-69 - Closed

1. 26. The complaint of the Jamaica Maritime Union is contained in a communication addressed directly to the ILO on 30 May 1969 and supplemented by a further communication dated 30 June 1969. The original complaint and the further information supplied were communicated to the Government, which forwarded its observations on them in two communications dated 22 July and 7 August 1969.
2. 27. Jamaica has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations concerning the Non-Recognition of the Complainant Organisation for the Purposes of Representing Certain Categories of Worker
  28. 28 It is alleged that in August 1968 the Jamaica Maritime Union obtained the right to organise a poll with a view to determining representational rights on behalf of fifty-four crew members on two bauxite ships, the MV Suneck and MV Sunrhea, whose agents in Jamaica are Sprostons Jamaica Ltd.
  29. 29 The complainants state that the poll was conducted under the supervision of the Ministry of Labour, and resulted in a vote of 52 out of 54 votes in favour of representation by the Jamaica Maritime Union.
  30. 30 The complainants state that since the poll all efforts to secure the right of these workers to be represented by the union of their choice have failed, and that " numerous attempts to have the Ministry of Labour honour its ILO obligations have fallen on deaf ears ".
  31. 31 In its observations the Government states that it supports the principles of freedom of association and the right of workers to collective bargaining, and that it encourages the formation of freely constituted autonomous unions. The Government states that to this end the Ministry of Labour and National Insurance provides machinery for the determination of representational issues arising out of claims for bargaining rights by trade unions. The Government also furnishes the text of the directions of the Minister of Labour on the taking of polls in representational disputes between trade unions.
  32. 32 This machinery, continues the Government, provides that by agreement of the parties the Ministry may take a poll by secret ballot to determine the wishes of the workers concerned. If no agreement is reached for the taking of a poll, the claimant union may request the Ministry to take a fact-finding poll.
  33. 33 The Government states that, following a claim by the Jamaica Maritime Union on Sprostons Jamaica Ltd., for representational rights in respect of the unlicensed crew on the ships MV Sunrhea and MV Suneck, the Ministry called the parties, namely Messrs. Sprostons Ltd. (the employer), the United Port Workers' and Seamen's Union (the existing bargaining union) and the Jamaica Maritime Union (claimant union) together to discuss the issue. No agreement was reached at the conference, and at the request of the Jamaica Maritime Union the Ministry conducted a fact-finding poll.
  34. 34 The Government points out that, where a poll is conducted on the basis of an agreement between the parties, that agreement usually provides for a determination of the bargaining position based upon the outcome of the poll. A fact-finding poll, not being based upon an agreement, merely determines the wishes of the workers in respect of the claimant union.
  35. 35 The fact-finding poll taken in 1968, continues the Government, showed that the majority of the crew then engaged on the vessels wished the Jamaica Maritime Union to represent them, but the company refused to accord bargaining rights to that union on the grounds that they had an existing agreement with the United Port Workers' and Seamen's Union for the engagement of unlicensed personnel which did not expire until 31 December 1969, and that unless the union was prepared to release them from the agreement they could not legitimately deal with the Jamaica Maritime Union. The Government adds that the United Port Workers' and Seamen's Union, for its part, stated that it intended to honour and service the agreement until its expiry.
  36. 36 The Government points out that the Ministry held several meetings, separately with the employer and jointly with the employer and both unions, with a view to arriving at a satisfactory settlement of the issue, but that the company remained adamant in its refusal to accord bargaining rights to the Jamaica Maritime Union during the life of the existing agreement or until released from the obligations contained in the agreement by the United Port Workers' and Seamen's Union.
  37. 37 The information available to the Committee reveals that, in a poll held under the auspices of the Ministry of Labour and National Insurance at the request of the complainant union, the majority of the workers concerned expressed a desire to be represented by the Jamaica Maritime Union; under the national regulations, however, this poll, not having been taken as a result of an agreement between the parties, merely indicated the wishes of the workers and did not necessarily imply any change in the situation by virtue of its result (see paragraph 34 above).
  38. 38 Furthermore, it emerges from the explanations provided by the Government that the employer was tied to the rival union by an agreement concerning the engagement of the category of worker concerned, and that the employer referred to that agreement in refusing to recognise the Jamaica Maritime Union as the representative of the workers in question. Finally, according to the relevant ministerial directions in force, a poll such as the one in question does not entitle employers to abandon the obligation of existing agreements.
  39. 39 This seems to have been the situation at the time when the Government made its observations. From these the Committee notes, however, that the employers declared their intention of keeping to the terms of the agreement with the United Port Workers' and Seamen's Union until its expiry, and that this agreement was due to expire on 31 December 1969 (see paragraph 35 above).
  40. 40 In these circumstances the Committee considers that before going into the merits of the question, it would be useful, now that the agreement which seemed to be the main obstacle to recognition of the complainant union has come to an end, to know whether the situation referred to in the complaint has changed, and, if so, in what way.
  41. 41 The Committee therefore recommends the Governing Body to ask the Government for the information mentioned in the preceding paragraph.
• Allegations concerning the Refusal to Admit the Jamaica Maritime Union to Membership of the Joint Industrial Council of the Banana Board
  42. 42 The complainants allege that large numbers of banana workers have revoked their membership of the two existing unions in order to join the Jamaica Maritime Union; that the latter has requested membership of the Joint Industrial Council of the Banana Board, but without success; and that, as a consequence, the workers who have ceased to belong to unions which are members of the Council are not represented on that body.
  43. 43 In its observations the Government points out that the workers involved in the issue are covered by a Joint Industrial Council which negotiates terms and conditions of employment in the industry. The Council, comprising an equal number of employers' and workers' representatives, is an autonomous body, and the Ministry of Labour and National Insurance does not participate in its deliberations unless invited to do so.
  44. 44 The Government states that, in a letter to the Banana Board dated 21 October 1968, the Jamaica Maritime Union requested representation on the Joint Industrial Council for Wharf and Shipping Labour in the Banana Industry, with a view to " more fully representing " the members of that union. The Government goes on to mention that the union forwarded to the Board an audited certificate of membership in respect of 528 workers in support of the request, and that the workers covered by the Joint Industrial Council are understood to number some 2,500 persons.
  45. 45 The Government further states that the Jamaica Maritime Union was advised by the Secretary of the Council that its request had been referred to the Council and considered at a meeting on 7 November 1968, and that the discussions had ended without arriving at a final decision, but that the matter was being actively pursued.
  46. 46 In a letter dated 25 November 1968 the Government goes on the Secretary of the Council advised the Ministry of Labour of the deadlock in the Council over the question of representation, and sought the assistance of the Ministry in overcoming the problem which existed, in that there was no provision in the Constitution of the Council to change membership of workers' representatives thereon in the event of a change of union affiliation by the workers.
  47. 47 The Government states that, at a meeting of representatives of the Joint Industrial Council held at the Ministry on 10 December 1968, it was recommended to the Council that the Constitution be amended to allow the number of seats allocated to the unions to be adjusted according to changes in the allegiance of the workers, as is provided for in the Constitutions of other joint industrial councils.
  48. 48 The Government further states that, following a request on 20 February 1969 by the Jamaica Maritime Union to the Banana Board for an immediate poll, the intervention of the Ministry was again sought. The Council as well as the Jamaica Maritime Union attended another meeting arranged by the Ministry on 15 April 1969, and as a result of these discussions it was agreed to meet again on 17 April at the Ministry after the Council had further considered the matter.
  49. 49 At this last meeting, the Government states, the Council announced that the Constitution had now been amended to provide machinery whereby registered trade unions representing wharf and shipping labour in the industry could be admitted to the Council, so that a claimant union could be admitted either by agreement of the Council or following a poll conducted by the Ministry of Labour.
  50. 50 The Government states that there were subsequent differences of opinion as to which of these methods should be used in resolving the present issue, and at another meeting held under the auspices of the Ministry on 10 June 1969 " it was agreed by both sides of the Council to offer the Jamaica Maritime Union representation thereon, after examination by the Council of the authorisation and revocation forms submitted by that union ".
  51. 51 The Government encloses with its observations the photocopy of a letter dated 31 July 1969 from the President of the complainant union to the Permanent Secretary of the Ministry of Labour in which he says: " I ... inform you that a dispute no longer exists between the Banana Board and ourselves, having received confirmation of recognition on the JIC.... We wish to thank your Ministry for its intervention in this matter..."
  52. 52 In view of the fact that the Jamaica Maritime Union has received satisfaction in its request for recognition, the Committee recommends the Governing Body to decide that it would be pointless for it to continue its examination of this aspect of the case.

The Committee's recommendations

1. 53. Concerning the case as a whole the Committee recommends the Governing Body:
   • (a) to decide, for the reasons set out in paragraph 52 above, that the allegations concerning the refusal to admit the Jamaica Maritime Union to membership of the Joint Industrial Council of the Banana Board do not call for any further examination on its part;
   • (b) to request the Government, concerning the allegations of non-recognition of the complainant union for the purposes of representing certain categories of worker, to indicate whether the expiry of the agreement linking Sprostons Jamaica Ltd. to the United Port Workers' and Seamen's Union has brought about any changes in the position of the Jamaica Maritime Union, and, if so, what the nature of the changes is;
   • (c) to take note of the present interim report on the understanding that the Committee will submit a further report when it has received the supplementary information referred to in the preceding subparagraph.