SPECIAL INFO BULLETIN
MANY GAINS WON AT NP
Comrades at NP, National Agro-Chem & Natstar,
We are sure that you are aware of the very many positive gains and victories won for workers as a result of the dedicated work of the Union’s Central Executive and officers- Comrades Teddy Stapleton and Joanne Phillips at our Port of Spain office in particular. We have highlighted some of these victories for you, which issues were reported on in the General Council’s Report to the recently concluded 63rd Annual Conference of Delegates. While there is still work to be done, we are sure that you will agree that a lot has been achieved at NP. We also congratulate and thank all the branch officers who contributed to the successes that we have had.
PRODUCTIVITY BONUS ISSUE
Comrades would recall that the Company unilaterally altered the agreement in that the Productivity Incentive Bonus was agreed to for permanent employees. After two (2) meetings between parties the Company went ahead and included temporary and casual workers for the payment. The Union took NP to the Industrial Court in order to:
a) Find the Company guilty of an Industrial Relations Offence
b) Prohibit the Company from actions of this kind
c) Instruct the Company to desist from violating Article 39 of the Collective Agreement and apply it in the spirit that the Agreement was intended
The Company submitted that, in its review of the provisions of Article 39, it felt that the term “worker” was not specific and could therefore be extended to include temporary and casual workers. The Board of Directors therefore met and requested Management to consider inclusion of temporary and casual workers in sharing of the bonus. The Company contended that, by definition under the Act, temporary and causal employees are deemed workers and as such were eligible for inclusion for payment of the Productivity Bonus. The Union disagreed.
In its judgement, which was handed down on November 9th 2001, the Court found that the Company had violated Section 40 (1) of the Industrial Relations Act and in accordance with Section 40 (2) of the Industrial Relations Act imposed a fine of four thousand dollars ($4,000.00) on the Company. The revised bonus was ordered to be paid to the workers.
Another important issue won by the Union was the Interpretation of the Collective Agreement No. 20 of 2000, Article 35 - Retirement Benefit and Savings Plan. The Union’s position was that the Company wrongly applied and interpreted the Article when it refused to sign and affix its seal to the Pension Plan thereby preventing its approval by the Board of Inland Revenue and the subsequent registration with the Supervisor of Insurance. The Union stated that as a result of the above, workers would lose tax relief on their contributions and would also be taxed on the Company’s contributions. The Court was asked to rule that: by not taking the necessary steps (legal and otherwise) to have the Pension Plan approved by the Board of Inland Revenue and registered with the Supervisor of Insurance, the Company was not administering the Plan in accordance with the rules and regulations.
The Court ruled that; in order to administer the National Petroleum Contribution Pension Plan II, the Company must submit the Plan to the Board of Inland Revenue for approval and thereafter have it registered with the Supervisor of Insurance. The Company must also take all the necessary and appropriate steps to have all the documents prepared and executed in order to achieve the above.
The Pension Plan has since been approved by the Supervisor of Insurance in accordance with Section 176 (1) of the Insurance Act 1980 with effect from January 1st 1997. The Union’s victory in this and other matters described above clearly demonstrate N.P’s abominable industrial relations practices especially during the period when the so-called “iron-lady”, the Chairman of the Board Micro-Managed the Company into a descent into chaos, mismanagement and many questionable practices. Proper industrial relations, good business practices, sound investment decision-making and transparency and accountability all went out the window under this Chairman, who thankfully is now no longer running the show.
At the Lube Oil Plant thirteen (13) workers were made permanent. Service ranging from thirty-four (34) years to eleven (11) years was finally rewarded. The process of the filling of vacancies and making workers permanent in their respective fields is continuing. This is a major positive development in the context of the trend by employers to casualise the workforce.
UNION WINS WRONGFUL DISMISSALS – COMRADES BACK ON THE JOB
Judgement was handed down by the Industrial Court on the issue relating to the dismissal of Comrade V.R. for gross misconduct involving theft of the Company’s product. The Union argued, that the Company did no proper investigation. The Company’s witnesses also gave conflicting evidence on the stand. From the evidence gathered, it seemed like the worker was framed, as his locker was not properly secured and the oil found in it was not of the same degree as that which was being bottled on that day. He also gave a sound explanation for the bottles found in his car trunk which was not refuted by the Company.
The Court found that even though the Company brought witnesses, no written statements nor records of investigation were produced. They therefore gave the benefit of the doubt to the worker and ordered that he be immediately reinstated to his former position without any loss of pay, service or seniority.
This was another case where the OWTU ensured that its members are properly represented. This matter also went to the Industrial Court and the Union’s case was that the worker, Comrade A.F. was wrongfully dismissed by the Company. The Court ruled that Comrade A.F. had admitted honestly to assisting in the alleged emergency situation. There was no evidence to show that he was dishonest and everything was documented on his log sheet for the day. The Court therefore ruled it an honest mistake. It ordered that the worker be reinstated not later than September 29th 2001, into the position that he held at the time of his dismissal, and that all benefits he enjoyed and those negotiated in his absence be reinstated. In addition the Company was instructed to pay damages of sixty percent (60%) of the gross salary he would have been entitled to from the date of his dismissal to the date immediately preceding his actual reinstatement to be paid not later than October 31st 2001.
Computer Loan:
The Union successfully negotiated an interest free Computer Loan of $8,000 for the workers at National Petroleum.
Grievances:
After acting in the vacant position of Construction Supervisor since January 1998, Comrade K.M. was confirmed in the Grade V1 job. He was paid a retroactive allowance for the period January 1, 1999 to May 31, 2002.
Comrade O.L. who had been acting Customer Service Representative since March 1998 was recently confirmed in that position. Comrade O.L. a Clerk III who studied overseas to improve and better equip himself for the position was awarded a lump sum of thirty-six thousand dollars ($36,000) for duties performed up to December 2001.
An allowance of $1,000 per month was paid from January 1st 2002 and will remain in effect until the establishment of the Customer Service Centre.
The Company’s failure to confirm Comrade T.M. as Export Inspector, a position he has been acting in was reported to the Ministry of Labour. After discussions between parties it was agreed to pay a lump sum of fifteen thousand dollars ($15,000) for additional duties performed over approximately twenty-five (25) months. It was also agreed that with effect from January 1st 2002 and until further notice an allowance would be paid monthly for additional duties. The Company is presently evaluating the job so that it can be properly graded and then confirm the comrade to the post.
After several meetings and discussions between parties agreement was reached on the upgrade of Comrade W.A. with effect from May 1st 1996. He will move from Marine Grade V-C to Grade VII-B.
MORE PAY, BETTER BENEFITS AT NATIONAL AGRO-CHEMICALS LTD.
A salary increase of 9% over the three years, the re-introduction of COLA, and the introduction of a Productivity Incentive Bonus are just some of the major benefits of this negotiation. In addition, workers received a lump-sum cash payment of $2,000.00. This is further proof of the Union at the level of the Central Executive working in the best intrst of al members!
Workers at NATSTAR will soon enjoy their first ever Collective Agreement. These workers joined the OWTU and the Union recently was certified as the majority Recognised Union. As a result the Union has submitted proposals to the Company for a Collective Agreement. Once negotiations are complete we are sure that the NATSTAR workers will begin to enjoy improved terms and conditions of work and increased pay.
2002 September
*****************************************************************************************************************
SPECIAL INFO BULLETIN
OWTU ON THE MOVE
NEW PENSION BENCH MARKER ESTABLISHED AT UWI
UWI’s Administrative Technical and Service Staff will reap very tangible benefits from a new Pension and Retirement Benefits Agreement signed between the University and the OWTU on June 11, 2002.
The new agreement was negotiated by a Union team led by the President General, Comrade Errol K. McLeod and included Comrades Teddy Stapleton, Seemungal Deosaran, Kennis Thomas, Sharon Reddock, Wendy Jeremie, Deloris Adams and Anthony Precilla.
Existing retirees too will receive enhanced benefits:
The new agreement includes:
§ A new accrual rate of 2.3% for Contributory members and 1.8% for non-contributory members respectively from August 2000.
§ The accrual rate applicable to service prior to August 2000 is 2.61% for contributory members and 2.03% for non-contributory members respectively.
§ Pensions shall be calculated on the basis of the member’s final salary at the date of retirement.
§ All Pensions already in payment will be increased on the basis of movements in the Retail Prices Index (RPI) from retirement to December 31, 2001.
§ A pension of not less that $1,000 per month will be paid to members who have completed not less than fifteen (15) years service with the University upon retirement.
§ Early retirement from age 55 without any actuarial reduction.
§ An increase in the pension guarantee period from ten (10) years to fifteen (15) years.
This Agreement is for the period August 1, 1996 to July 31, 2003 and establishes another example of a serious Union with enlightened and committed leadership at work.
The completion of the Pension Plan improvements means that since UWI workers joined the OWTU they have made tremendous gains. Salary increases have been won, and on top of this the majority of workers benefited from the Job Evaluation exercise. The Medical Plan has been substantially improved. Now, UWI workers will finally be able to retire with a fair degree of security. And those stalwarts who gave the University many years of dedicated service and who are now retired will also now receive a significant increase in their pensions.
There can be no doubt that OWTU members at UWI have, through their own struggles (the historic 1998 strike) and under the guidance of the Union’s Central Executive, won unprecedented improvements in their pay and terms and conditions of work.
SUPPORT YOUR UNION’S LEADERSHIP
September 4th 2002
back to top