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Industrial Relations in the Caribbean Issues and Perspectives Edited by Samuel J. Goolsarran International Labour Office - Caribbean Copyright @ International Labour Organization 2006 First published 2006 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland. The International Labour Office welcomes such applications. Libraries, institutions and other users registered in the United Kingdom with the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP [Fax: (+44) (0)20 7631 5500; email: [email protected]], in the United States with the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923 [Fax: (+1) (978) 750 4470; email: [email protected]] or in other countries with associated Reproduction Rights Organizations, may make photocopies in accordance with the licences issued to them for this purpose. ______________________________________________________________________________ Goolsarran, S.J (ed.) Industrial Relations in the Caribbean: Issues and Perspectives Port of Spain, International Labour Office, 2006 ISBN: 92-2-118750-0 & 978-92-2-118750-9 (print) 92-2-118751-9 & 978-92-2-118751-6 (web pdf) The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, including the ILO Subregional Office for the Caribbean, P.O. Box 1201, Port of Spain, Trinidad and Tobago. Catalogues or lists of new publications are available free of charge from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland, email: [email protected] or [email protected] Visit our website: www.ilo.org/publns Cover design by Oscar Ocampo Printed in Port of Spain, Trinidad and Tobago ii Foreword One of the main challenges that Caribbean countries are facing and will continue to face, is that of the need to adjust their economic and social systems, in view of the process of globalization. Such an adjustment has no doubt necessitated a change in the traditional ways of doing business. Already these changes are manifest in the form of business mergers, restructuring and downsizing of businesses, new forms of employment contracts, and outsourcing, with the resultant implications for employer-employee relations and industrial relations as a whole. It is within this context that this Reader on industrial relations is written. It presents a critical examination and analysis of contemporary industrial relations, from a Caribbean perspective. It is comprehensive, covering the entire scope of the field of industrial relations: history; law and practice in the public and private sector; the role of the state; trade unionism; social dialogue; and labour standards. New developments, such as the link between labour standards and trade in international trade agreements, and the inauguration of the CARICOM Single Market and Economy, are also examined. This timely Reader is a product of regional and international cooperation. It includes contributions from twenty-five renowned industrial relations experts, lawyers, practitioners and academia. A debt of gratitude is owed to all our contributors, and I take this opportunity to thank them sincerely for their sterling contributions. This Reader will no doubt serve as a comprehensive reference text for anyone entering the field of industrial relations as well as for those acquainting themselves with new approaches and developments in the field. I would like to extend special thanks to Samuel J. Goolsarran, Senior Specialist, Industrial Relations and Labour Administration, of the ILO iii Subregional Office for the Caribbean, for his tireless efforts in bringing this Reader to fruition. It is hoped that the views and perspectives presented will evoke new thinking and stimulate further dialogue and debate on the subject as we strive towards achieving decent work for all. Ana Teresa Romero, Ph.D. Director ILO Subregional Office for the Caribbean May 2006 iv Preface Industrial Relations is one of the key elements in the system of labour administration and one which is being impacted by the rapid pace of social, economic and labour market changes. Its apparent inability to respond effectively to these changes is generating ongoing debates on the way forward in a participative and holistic way. This Reader on industrial relations is intended to stimulate thinking and add to the debates over the future direction of national and regional labour policies leading to the transformation of labour relations as it pertains to the Caribbean reality. The impetus for the reader emerged out of the ILO Caribbean Labour Administration Conference at its biennial meeting in Georgetown, Guyana, in September 2003, when it was agreed that the next conference in 2005 would focus on industrial relations. The conference also agreed that it would invite experts to contribute papers to be published in a Reader by the ILO. This decision was endorsed by the ILO Caribbean Labour Ministers’ Meeting in April 2004 in the Bahamas. The Reader presents the general perspective and overview of Industrial Relations, the active role of stakeholders and social partners, relevant labour institutions and agencies; reflects on labour law and regulations; and reviews procedures from the voluntary self-regulation to compulsory means for the institutional management of the system of industrial relations. Issues and challenges for a new direction are analyzed and discussed and point to a future for the Caribbean where greater national consensus and co-operation through participative social dialogue can be fostered to achieve national agreements on social and economic issues in the interest of the wider national, Caribbean Community. v A wide range of views written from the vantage points and expertise of the mix of contributors is presented. Contributors come from the wide spectrum of industrial relations in the public and private sectors and include national, regional and international experts and practitioners. Given the social and political realities of Caribbean states, it is hoped that this Reader will contribute to the reform and transformation of labour relations. This is only possible with the full commitment of representatives of government and the social partners and the institutions of labour who share a common vision for change and new direction in the context of good governance in terms of participation, transparency, credibility and accountability. The reader is organized according to the following thematic sections: 1. Industrial Relations in the context of Labour Administration This section covers the historical context and development of the system of labour administration and industrial relations in the Caribbean region. It also highlights inter-related elements of labour administration which have nexus with industrial relations such as the central role of the State, and the scope of labour inspection as it obtains to improving working conditions. The improvements in the world of work are achieved largely as a result of the work of the ILO; the role of the ILO in setting and supervising labour standards is explored, as well as its decent work agenda - one in which productive and full employment is promoted simultaneously with fundamental rights at work, an adequate income from work and the security of social protection. 2. Labour Law and Institutions of Labour This section reviews the development of labour laws, international norms, new forms of employment relationships, and explores the potential of labour law in promoting a new consensus-based approach in labour- management relations. The role of the State is analyzed from its traditional to a more active role of setting the social agenda, expanding constitutional and economic rights and protection. The role of adjudication in collective interest, and individual rights labour disputes is presented in the case examples of Trinidad and Tobago with its Industrial Court, and vi Bermuda with its Industrial and Employment Tribunals. The future role of the Caribbean Court of Justice (CCJ) is reviewed as it relates to the final determination of labour issues in the CARICOM Single Market and Economy. 3. Labour Relations in the Public Service The papers presented in this section provide a historical overview of industrial relations in the public service and examine the need for change and confidence in public service administration
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