SWWTU hauled before the Industrial Court — Port protests halted

PORT WORKERS' protests have been stopped dead in its tracks after the Port Authority (PATT) was granted an interim injunction against the workers and their trade union in a case brought before the Industrial Court on November 19.

President of the Industrial Court Heather Seale granted the injunction.

This comes six days after four of the country's major business chambers – the TT Chamber of Industry and Commerce, the TT Manufacturers’ Association (TTMA), the American Chamber of Commerce (Amcham) and the Energy Chamber – called on Government to resolve the impasse at the Port of Port of Spain.

Port workers began protests in August over stalled negotiations and it spread to the Scarborough port in Tobago in October.

Asha Watkins-Montserin represented the PATT in the injunction application. She said the workers' actions had cost the port "tens of millions of dollars," as the time chosen to protest was during the Christmas season where the volume of shipments was the highest.

She also said while the port was not deemed an essential service, it is an essential industry and the injunction was being sought to get the workers back to work.

Nyree Alfonso, representing the Seamen and Waterfront Workers Trade Union (SWWTU), said her client's office was only served the notice around 9.45 am on November 19. Union president Michael Annisette said he was in a meeting and only saw the letter around 11.30 am.

Alfonso said she only had word of the matter around 12.30 pm and did not have enough time to gather evidence to proffer a counter argument to the application.

After an hour of deliberation, Seale granted the interim injunction to the authority.

Alfonso was given until December 5 to provide evidence on behalf of the SWWTU, while Watkins-Montserin and the PATT was given until December 20 to respond.

Speaking to reporters outside the court on St Vincent Street, Port of Spain – after the interim injunction was granted – Annisette said it was unfortunate that the authority had decided to take this course of action against port workers.

"They took this route rather than meeting and treating with the union on the myriad of issues affecting dock workers. The SWWTU will however respect the court's judgment."

He said the union was waiting on the written orders of the injunction, which he expected it would receive 30 minutes after the end of the hearing.

The court order stated that, Party 2 (the SWWTU) and its members employed by the PATT, "Are hereby restrained from taking and/or continuing to take and/or participating howsoever in industrial action within the meaning of the Industrial Relations Act...until such time that the complaint of an industrial relations offence is determined."

A release from the PATT an hour after the interim injunction was granted said the legal action was taken after workers repeatedly failed to report to work amidst ongoing wage negotiations.

"Over the past few weeks, the workers’ actions have severely disrupted shipping schedules, impacted port operations and hindered the timely delivery of goods and services to key local and regional stakeholders.

"As the Christmas season approaches, this disruption poses a significant threat to businesses," the release said.

PATT chairman Lyle Alexander said, "We never wanted to take this action, but we felt we had no choice.

"The workers have taken steps that threaten the port's operations and are affecting livelihoods. We have a duty to protect the interests of our stakeholders and the country."

The statement said the port’s operations account for approximately 59 per cent of the country's container volumes.

"Prolonged disruptions could have far-reaching consequences for the economy and essential supply chains.

"The Port Authority remains committed to dialogue to resolve the wage negotiation impasse and restore normalcy at the Port."

The Port Authority said the current situation was unsustainable and detrimental to national and regional interests.

"Stakeholders can be assured that every effort will be made to mitigate the impact of this situation and resume seamless operations at the Port.

"The Port Authority anticipates that all workers will comply with the court's directive and return to work."

The interim injunction will be in place until January 15 – the date of the next hearing.