Industrial Court gives WASA green light to plan restructure

THE INDUSTRIAL COURT has given the green light to the Water and Sewerage Authority (WASA) to go ahead with formulating a transformational plan .

In a 28-page ruling on Tuesday, Industrial Court vice-president Herbert Soverall and members Lawrence Achong and Albert Aberdeen refused an application by the Public Services Association (PSA) which sought an injunction to prevent WASA from submitting to Public Utilities Minister Marvin Gonzales any restructuring plan without the union's input .

The court pointed out there would be a “great risk of injustice” if WASA and the line minister and Government were restrained from liaising with each other with a view to formulate any plan or policy for the restructuring or re-organisation of the authority.

The court also acknowledged it was the “sole province of the Government to formulate policy on the structure and operations of the authority and it is the responsibility of the authority to operationalise that policy…to implement it.”

It also said to effect and operationalise any policy, WASA will have to prepare and formulate its position and should be given time and the opportunity to prepare its proposals before engaging in collective bargaining, so that it can be tabled for negotiations.

“…In other words, a party has to have an informed position before engaging in collective bargaining.”

The court said the same position applied to the PSA as well.

The court maintained it was important to distinguish between policy considerations and operational considerations.

It also noted the State’s position that there was no plan, adding that it would be contrary to the principle of good industrial relations for a party to treat and enter into collective bargaining in an uninformed and ill-prepared position.

“That will not ensure productive and effective negotiations,” the court said, adding, “a party has to obtain, elicit and source the relevant and pertinent information.

“It is only fair and just that the parties be allowed and be given the opportunity to do so and the court cannot and should not order any party to engage in collective bargaining before and during the preparation its proposal,” the court added, saying it would be “pointless” to make such an order, as it would be in opposition to public policy and good faith.

The court further noted it was not a question of the stage at which collective bargaining should begin or take place, as “the answer to that question will be after the authority or the PSA has prepared and formulated its position.”

The members also noted that WASA had invited the PSA to send proposals to engage in collective bargaining and this position was evidence of the willingness of the employer to engage in the process prescribed by law.

“Nothing prevents/debars either party from putting forward proposals generally on matters with a view to engaging in collective bargaining in respect of terms and conditions whether within or without an expired collective agreement.”

It said it was safe to conclude that WASA had undertaken to engage in the collective bargaining process “if or when” any plan or policy for WASA’s operations was completed.

“This being the case, it means that the association would have achieved its objective and has been satisfied by means other than an injunction.

“…The court cannot restrain the authority from treating planning or consulting or making a plan otherwise exercise duties under section 40 of the Industrial Relations Act,” the court said.

In a statement, the ministry said the PSA’s application was an attempt to “stop the transformation process.”

It said the effect of the decision was that WASA, the ministry and the Government were free to formulate a transformation plan for the authority.

The minister has said the Government will be moving forward with restructuring WASA and told employees it remained committed to the collective bargaining process.

President of the PSA Leroy Baptiste has already signalled his intention to challenge the Industrial Court’s decision with an appeal.