Thomas-Felix: Go to National Tripartite Committee for conciliation, not litigation

INDUSTRIAL Court President Deborah Thomas-Felix on Monday urged parties caught up in stalled wage negotiations to replace confrontation with conciliation by way of the National Tripartite Committee (NTC), addressing a special sitting of the court in Port of Spain to mark the Opening of the 2022/2023 Law Term.

She said her views were supported by the number of cases coming to the court, which she cited.

Thomas-Felix said the 1962 TT Constitution seemed to incorporate the ideals of the 1944 ILO's Philadelphia Declaration to not exploit workers and allow freedom of expression and association, even as she was glad collective bargaining was made part of TT's laws. The covid19 pandemic may require duties of some workers to be revised and new issues to be addressed, she advised, based on consultation.

"I urge unions and employers to meet, to be open to dialogue and consensus even if the discussion may initially cause a level of unease and discomfort. Always remember that social dialogue is a very important tool in industrial relations."

She said during the pandemic, employers and unions had sought the court's resolution of issues, some of which she said dialogue could have resolved.

Thomas-Felix said TT has come a long way since former prime minister the late Dr Eric Williams had complained of roughly 46 strikes per year from 1960-1964, and 75 in 1962.

The pandemic had shown an urgent need to address OSH issues at work plus measures for a public health crisis at work.

Collective bargaining, she said, was key to a post-pandemic recovery.

Thomas-Felix said it was now "imperative" and "in the national interest" for members of the Tripartite National Council to work together.

She said the tripartite mechanism was a useful tool to help resolve myriad issues in the world of work, allowing an equal voice in decision-making to the workers, employers and Government.

"Tripartitism is also key to treating with the labour market and its volatility, and it will be of great assistance in times like these

"This may be the time for the National Tripartite Advisory Council to revisit its working mechanisms and, also, for the Federation of Trade Unions to reconsider the timing of its collective stance of non-participation in the council."

She ended her appeal by quoting calypsonian Leroy "Black Stalin" Calliste, “We can make it if we try; Just a little harder” and Dennis "Merchant" Williams, “Come my brother, come my sister: Let us build a nation together.”

PSA president Leroy Baptiste told Newsday of his great respect for Felix-Thomas.

"I like the fact that she has underpinned the fact that asl we do is to be set on a foundation of social dialogue.

"The problem is that in a tripartite relationship the Government has to embody the social dialogue for it to work. If you are into something but the parties all don't respect the concept of social dialogue, but the glue which binds it together – the concept of social dialogue – by the Government of all persons, you don't stand a chance at it working.

"You can't be involved in something called a tripartite arrangement but the Government outside of that is sending home people left, right and centre, and is not depending on the tripartite to resolve those issues, or at least give you the opportunity to treat with those issue long before it impacts our members' lives."

Baptiste suggested that for unions to take part in the tripartite arrangement even as their members were being unceremoniously sent home, would reflect badly on the unions.

"You would look like you were culpable, part and parcel of disregarding your members right to their livelihood."

Labour Minister Stephen Mc Clashie in his Labour Day message last June appealed to the unions to return to the NTC.

He had said dialogue needs all stakeholders participating in frank and respectful conversations.

Mc Clashie had said, "I therefore urge the return of the labour representatives to the discussion table.

"In order to uphold the principles of decent work, industrial peace and opportunity for all, we need to persevere in unison."