Review Article: THE DAWN OF A NEW ERA IN THE CARIBBEAN INDUSTRIAL RELATIONS SCENE

Review Article: THE DAWN OF A NEW ERA IN THE CARIBBEAN INDUSTRIAL RELATIONSSCENE"Labour Relations and Industrial Conflict in Commonwealth Caribbean Countries" by ZinHenryReview by: CHUKS OKPALUBACaribbean Quarterly, Vol. 20, No. 3/4 (SEPTEMBER-DECEMBER 1974), pp. 74-83Published by: University of the West Indies and Caribbean QuarterlyStable URL: http://www.jstor.org/stable/40793391 .

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74

Review Article

THE DAWN OF A NEW ERA IN THE CARIBBEAN INDUSTRIAL RELATIONS SCENE:

A Review of ''Labour Relations and Industrial Conflict in Commonwealth Caribbean Countries."

In the absence of any text(s), the student of Caribbean industrial relations finds a hodge-podge of articles and pamphlets dealing with his subject. Sometimes they even elude his vigilance. Most of the materials are either obscure or out of print, or for some other frustrating reason, not available. Professor Knowles' work on Trade Union Development and Industrial Relations in the British West Indies 1 which was published twelve years ago is the only work of any standard in the field. Quite apart however, from the fact that this work tends in places to give what is regarded by many as a particularly inaccurate account of the situation, its importance is gradually being overtaken by events. So much development has taken place in Caribbean industrial relations scene since 1959 to justify a fresh approach.

Of course, we know of Professor Farley's celebrated title, Trade Unions and Politics in the Caribbean 2 which, as the name suggests, deals specifically with the political aspects of trade unionism in the region. It must also be mentioned that several titles have been published on various aspects of trade unionism since the last decade3 but like Professors Knowles' and Farley's books, none of these works deals with the subject of industrial relations stricto sensu. Much nearer to the subject is Labour Policies in the West Indies Written as long ago as 1952 but/overdue for rewriting.

Quite recently, however, the problem of absence of text(s) in Caribbean industrial relations seems to have engaged the attention of a few5, the first manifestation of which is the publication in December 1972 of Labour Relations and Industrial Conflict in Commonwealth Caribbean Countries, authored by a distinguished Carib- bean scholar and industrial relations expert - Dr. Zin Henry - and published by the Columbus Publishers Ltd. of Port-of-Spain, Trinidad.

It is trite knowledge that any text purporting to document comprehensively the industrial relations experience of the Commonwealth Caribbean Countries must of essence cover at least fifteen jurisdictions and most probably come out in a jumbo volume or volumes. Visualizing this, Dr. Henry excluded from his terms of reference, the Bahamas, the British Virgin Islands and the Cayman Islands. Even then the industrial relations experiences of any of the countries within Dr. Henry's terms of reference, and indeed the experiences of any of the four bigger of the Commonwealth Caribbean Countries, is capable of producing a text of the size comparable to the one under review. 6 Thus the Labour Relations and Industrial Con-



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flict in Commonwealth Caribbean Countries is a compendium of the Caribbean experiences in industrial relations and an introductory book of no mean standard.

The process of elimination is sometimes deceptive and in our present context it has misfired. In other words, the exclusion of the Bahamas from this study is misguided since the industrial relations of that country possesses certain of the characteristics which are discussed in Chapter 8 of the book, especially in relation to his "Remedial Policy Measures". If for no reason that country has had since 1970, an Industrial Relations Act, 7 the subject of which falls within the author's Discussion. They also have legislation relating to "Fair Labour Standards"8 which, though not exactly what the author refers to as a "Code of Fair Employment Practices," is nevertheless an aspect of it, The "Fair Labour Standards" is a code setting out the standard hours of work, the standard minimum wages and the computation of such wages, vacations with pay and the methods of enforcement and the administration of these matters.

Since this book is the first of its kind in the Commonwealth Caribbean and as much information in the form of writings has not been forthcoming from this part of the world in connection with what has been (or is) happening in our industrial relations scene, a rather detailed review seems to be called for.

With masterly handling of the materials available to him, Dr. Henry introduces his subject with an account of the historical background which in effect is a discussion of the socio-economic and politico-constitutional background against which Caribbean trade unions developed. From the point of view of a Caribbean scholar-reader, this part is well covered in books dealing with West Indian History and Politics. To the beginner in the Study of Caribbean Industrial Relations, it is the stepping-stone for the study and his understanding of the subject.

Chapter 2 deals with "Development of a Caribbean Labour Movement" and the history of trade unions is here traced. It is observed that although workers were organised in Guyana, Jamaica and Trinidad and Tobago, these organisations "fizzled out" by the time of the First World War. The significant date in the history of trade unionism in the Caribbean is therefore the year, 1919, since that was the year the first Trade Unions Act9 was introduced in the West Indies. This ordinance, in the words of the author, is "the pillar of freedom" in the history of Caribbean trade unionism. But it was not without its weaknesses.10 These defects though not repeated in the subsequent Trade Unions Act of Guyana11 , were resurrected in the case of the Trinidad and Tobago Trade Union Ordinance of 1932. 12 Dr. Henry, however, is able to find other reasons which were contributory to stultification of the trade union movement in the Caribbean among which were: the fact that most of the unions formed sacri- ficed the trade union bias "at the altar of political expediency:" and the employers' resistance against trade union activities.

The next important stage was the "formative years", 1937-1945. Those dates are important in the study of Caribbean trade unions since the remaining islands received their Trade Unions Acts 13 and it was also during that period that trade union leaders emerged inseverai of the Caribbean Countries.



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Caribbean trade unions are structured closely after the British pattern. But the author has discovered certain peculiarities of leadership and administrative patterns of Caribbean trade unions which tend not to be commendable. They are, the author says, "loosely administered." Although they have constitutions, they never keep to them. Power and policies are often centralised while a "number of dispersed satellite- branches" are found "orbiting around the main branches but without any significant say on national affairs of the union".

It is further pointed out that a peculiar characteristic of Caribbean trade unions is "lack of concensus in philosophy and policy" because each union "practises its own brand of trade unionism which depends on the political circumstances of its existence". In other words, they tend to "operate more on expediency than philosophy or policy".

Trinidad and Tobago affords clear illustration of the author's point. To date no effective integration into a National Labour Congress has been achieved.14 There are at least two groups. Those unions who belong to the Council of Progressive Trade Unions claim to be pursuing an ideological course accusing the affiliates of the Trinidad and Tobago Labour Congress of lack of ideology.

In the midst of such wrangling, it is clearly difficult, if not impossible, to "enlist full representation" of workers where such is desired. This poses a potential weakness on the part of organised labour which ought to be approaching management and policy-makers with some unanimity.15 A recent example since Dr. Henry went to the press is the question of representation of the workers of Trinidad and Tobago on the newly established Registration Recognition and Certification Board. 16 Although there are workers' representatives on that Board, the reviewer's enquiry reveals that these members are drawn from those unions that are affiliated to the Labour Congress. 17It means then that those workers whose unions are not affiliated to the Labour Congress have no representation on the Board. Even so there is said to be much wrangling and lack of unanimity among these.

Dr. Henry also probes leadership and membership patterns and points out the contributions of both sides to the bad administration of their unions. The author however, sees "new trends" in contemporary Caribbean trade unionism some of which are brought about by the achievement of political independence and industrial development in some of the Caribbean Countries. One of these is said to be a shift away from "political trade unionism" to "economic unionism". These phrases are explained and qualified.18 North American influences are said to have been the most powerful factor in bringing about some of the changes. Other contributory factors are: recruit- ment into certain unions of young university graduates: and, the establishment of Labour Colleges in Guyana19 and Trinidad and Tobago20 which are designed to foster trade union education in the region.21

Just as the pattern of Caribbean trade unionism is fashioned on the traditional British pattern so also is the Caribbean industrial relations systems.22 After discussing the various patterns of labour-management relations that exist in the Caribbean, Dr. Henry examines the vexed problem of recognition of trade unions for the purposes of collective bargaining. He views with dismay the fact that recognition issues in the



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Commonwealth Caribbean have led to several pitched battles either caused by employers' reluctance to recognise or "competitive unionism". Industrial conflict often arises from recognition claims and strike actions are invoked with the result that the conflict is generally "perpetuated into post-recognition relationship". In thirteen odd pages, he illustrated the experiences of the various Caribbean Countries. The author appears to be saying that owing to the "monomorphic trade union structure and its effective brand of trade unionism", recognition problems that exist in the bigger countries do not arise in Barbados. This may be so if one views the matter from the "competitive unionism" angle as there is only one trade union in Barbados. Recent times however, have seen that island's industrial relations scene polluted with conflict just for the union to obtain recognition as the bargaining agent of certain construction workers.23

Dr. Henry discusses the attitude of the parties at bargaining and he observes that research, reflection and reasoning are irrelevant considerations while "emotionalism and tactics reign supreme". So that the "environment of the bargaining forum often becomes charged with reciprocal denigrations, allegations, counter-allegations, and sometimes even threats. On the whole the process tends to become laborious, pro- tracted, and tedious". The result is frequent break-down of negotiations and industrial action becomes a quicker means to hopeful ends.

The remaining part of this chapter concentrates on the exposition of "the strike phenomenon". The argument that the quality of labour-management relations is assessed by the frequency or infrequency of strikes is flatly rejected since the author is commited to the view that strike is an "integral part of the bargaining process". Sometimes they are "responsible for generating desirable structural changes". In no uncertain terms the author concludes:

"Strikes are instruments of aid to trade unions in their search for possible solutions and agreements in bargaining and, if they are executed in accordance with certain rules of the negotiating process, they are legitimate aid-weapons and are not necessarily indicators of poor or bad industrial relations".

Strike figures are supplied. They are illustrated in tables and classified according to causation and industry. The Guyanese experience shows that strikes between 1965 and 1969 were caused by the following reasons: demands for recognition, demands for increase in wages and better conditions of work, allegations of mal-administration, retrenchment, demotion and transfer of workers, discrimination and victimization, disciplinary measures against workers, dilatory attitude, and other residual causes. The machineries for settling industrial disputes are not discussed in this part of the book but are dealt with in a later chapter.

Perhaps the most striking aspect of this work is the author's treatment of "Public Policy and Labour-Management Relations", the discussion of which raises a number of contemporary problems which certain Caribbean Governments and industrial relations experts have had to battle with. The central issue here is how much of state intervention or law would a country want in regulating its industrial relations. What the Commonwealth Caribbean countries inherited from the British is the system whereby



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law or the state is kept far from the industrial relations scene. Legislative regulation of industrial relations is therefore minimal. Thus for the settlement of labour disputes there is a half-hearted measure. The Minister of Labour either appoints an arbitrator where the parties consent or a board of enquiry to inquire into the causes of the dispute. Since this pattern is still prevalent in most of the Commonwealth Caribbean countries, more ought to have been said about it. At the least, some of the boards of enquiry reports should have been examined and perhaps assessed. The absence of this means therefore that the machinery for the settlement of labour disputes in the Caribbean in not fully treated in Dr. Henry's book - an omission which it is hoped should be corrected in a subsequent edition.

At the other extreme is the New Zealand and Australian type where "legislative compulsion pervades and all industrial disputes are required by statute law to be submitted for third party determination". In the Caribbean a similar approach was adopted by Trinidad and Tobago in 1965.

Then there is a third category with varying degrees of legislative compulsion but may be described as "partly voluntary and partly compulsory" - examples of which are the United States and Canadian patterns. What follows after the discussion of the "tradition-worn" controversies over the question of state intervention, is an analysis of "Policy Consideration in Caribbean Context".

But it is doubtful whether it is correct to say that "the post-independence period, or more specifically, the past five years, saw a conceptual change in public policy towards industrial relations and collective bargaining in a number of Caribbean territories".24

For this conceptual attitude has in fact existed in the Caribbean as early as 1944. Whereas it has been demonstrated with increased intensity at the post- independence period, the account overlooks the attempts made by the Jagan Govern- ments of 1953 and 1963 respectively, to regulate some aspects of the then British Guiana's industrial relations by legislation.

Quite rightly however, the author states: "Trinidad and Tobago was the first [to apply greater interventions into labour management relations]26 with the passing of an Industrial Stabilization Act in 1965 which inter alia, created an Industrial Court for the compulsory adjudication of all industrial disputes". And a chapter is devoted to its examination.

Antigua followed the Trinidad example by enacting the Trade Disputes (Arbitration and Settlement) Ordinance of 1967 which established a permanent Industrial Court which, although now inoperative has not been erased from the statute book of that country. Following up from this account, the author omits to tell the reader that an Act with similar title was passed in Dominica also in 1967. 27 The Dominican Act carries some element of compulsion that it cannot pass unnoticed in an account of this nature. That Act, although an amendment to the Trade Disputes (Arbitration and Inquiry) Ordinance of 1940 provided for compulsory recognition of trade unions by employers "for the purpose of ensuring the preservation of collective bargaining."28

The author then refers to the Draft Trade Disputes Bill of Guyana and discusses its



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purported intent and coverage.29 In the case of Jamaica, reference is made to the announcement of 28 July, 1967 of the intention of the then Government of that country to introduce an Industrial Relations Act. The subsequent experience of Jamaica was not discussed because as the author submits: "there has been no draft bill published by the Government of Jamaica, which would indicate the scope for legislation contemplated". A bill entitled "The Industrial Disputes Act", was in fact drafted in 1970, which indicated the scope of governmental intervention. Had that Bill been passed into law, it would have established a tribunal known as an "Industrial Arbitra- tion Tribunal" for the purposes of settling trade disputes. The second schedule to the Bill provided for the appointment to and membership of the Tribunal which would have been entitled to the services of assessors. Clause 20 related to procedure for the settlement of trade disputes. Referrals to the Tribunal would have been with the consent of the parties. Where the parties have previously agreed to a procedure for settling disputes between them, the Minister would ask them to exhaust that procedure and it is only after that machinery had failed and no settlement is reached, that the matter could be referred to the Tribunal by the Minister. After the parties have given their consent, neither of them could take strike or lockout action until after fourteen days from the date consent was given and the Minister did not refer the dispute to the Tribunal. The Essential Services Law30 and the Trade Disputes (Arbitration and Enquiry) Law 31 were scheduled for repeal by this Bill.

What appears to be the central theme of this chapter and one which strikes the reviewer as a distinct contribution toward solving contemporary Caribbean industrial relations problems are Dr. Henry's suggestions relating to "Remedial Policy Measures," which are intended to assist Caribbean governments in reforming and improving their labour relations law and practices.

In that connection, the author spotted the most vulnerable aspects of Caribbean labour relations. Firstly, there is the question of recognition of trade unions by employers. Legislation "designed at channelling recognition matters through an independent [and impartial] machinery" similar to the North American examples, should be introduced in Caribbean countries.32 The legislation would stipulate certification procedure. This, it is hoped, will "succeed in reducing considerably one of the most accrimonious conflict-areas in Caribbean industrial relations," coupled with the fact that "the rights of workers to organise, associate and bargain collectively are too basic and fundamental to be left to the discretion of employers". But the author did not say what kind of personnel ought to operate the "machinery", nor did he say whether the "independent and impartial machinery" should be established even in countries like Barbados where there is no other union in rivalry with the Barbados Workers' Union. Undoubtedly, there is need for the establishment of some kind of statutory machinery to deal with recognition issues even in that country but it must be less complicated and elaborate than the certification system.

Secondly, the author recommends the introduction of a code of "Fair Employment Practices". In making his recommendations Dr. Henry has not been dogmatic, for he carefully assesses the problems which may tend to detract from the suggested remedies. He concludes however, that since "discriminatory employment practices are common and pervasive among Caribbean employers", a code of this kind is desirable.



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In other words, the code will be a compilation of what the Americans call "unfair industrial relations practices" and will have a statutory force. Although the Trinidad and Tobago Industrial Relations Act refers to "principles and practices of good industrial relations", it did not say what that phrase means nor did it provide for the compilation of a code to that effect.33 It seems apparent, however, that such a code so far as Trinidad and Tobago is concerned could be compiled from the judgements which the Industrial Court of that country have been turning out since the last eight years.

Thirdly, Dr. Henry deals with the more controversial issue - "Compulsory Arbitra- tion". On the question of justification or legitimacy or otherwise of compulsory arbitration in relation to any country, the author admits; it must be "found in the situational context". In the Caribbean, therefore, legislation "appears to be warranted" apart from the fact that "it is also justifiable in principle". What is being advocated here is not legislation that will regulate Caribbean industrial relations whole- sale but one that will distinguish between "grievance dispute" and "contract dispute". Compulsory arbitration of the former is desirable since such disputes comprise matters that relate to "contract application or interpretation" and over disciplinary matters, while the latter type of grievance comprises disputes over terms and conditions of employment. So far as the Essential Services are concerned, it is considered that compulsory arbitration is essential for the protection of life and property. But legislation in that regard should embrace the "barest minimum number of services consistent with the objective of protecting national interest and public welfare".

The fourth aspect of Dr. Henry's recommendations relates to the other controversial question - restraints upon strikes. If the above remedial measures are adopted, then there appears to be no need for legislative restraints on strikes since only small percentage of the strikes that occur in the Caribbean have been concerned with contract disputes with the exception of Guyana where there had been high percentage of strikes - forty percent of which relate to demands for better wages and conditions of

employment. Consequently, "a set of procedures laid down as prerequisites for strike action" is preferable to a total ban on strikes. Without implying that legislative policies in industrial relations must await the full consensus of the employers and the unions, the author nevertheless concedes that there are two basic conditions upon which the success of any legislative policy must depend. Quite rightly, he thinks that they are "consent and acceptability, which in turn are largely dependent upon consultation and co-determination".

Having admitted in principle that legislative intervention is needed to remedy certain defects in the Caribbean industrial relations pattern, the author devotes the last

chapter for the discussion of the "Trinidad and Tobago Experiment", that is, the Industrial Stabilization Act, 1965 which is perhaps the most controverted Act that ever graced the Statute book of Trinidad and Tobago. It was an Act passed during a state of emergency subsequent upon political agitation and industrial unrest. Strikes and lockouts in the essential services were banned. In effect, also, strikes and lockouts in other industries were virtually prohibited because the discretion to strike or lockout was vested in the Minister of Labour. As already noted, this Act created an Industrial



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Court which it charged with the duty of hearing and determining industrial disputes. After tracing the political and economic background leading to the enactment of this Act, the author summaries its import.34

Appraising the Act, Dr. Henry points out that apart from the fact that amendments were not forthcoming (although the weaknesses of the Act manifested themselves in the earliest stages), one of the principal causes of the problems encountered in the administration of that Act was political. After quoting figures of disputes referred to the Industrial Court and the disposal of same within the first five years of the Court's existence, Dr. Henry said:"it can hardly be contended without fear of contradiction that the legislation has had a satisfactory measure of success in the determination of disputes expedi tiously". Other contributory factors were the fact that the court had to sit as a single court and the alarming number of disputes that were referred to the Court. On the question as to whether that Act enhanced collective bargaining, Dr. Henry answers: "on the net balance of both positive and negative effects, ... the ... Industrial Stabilization Act succeeded in improving and enhancing the effectiveness of collective bargaining in that country."

The question of recognition is also examined where it is noted that the compulsory recognition provisions operated unsatisfactorily. What follows after that is an examination of what amounts to public interest and whether the ISA succeeded in protecting it by its provisions. This chapter ends with a discussion of litigation of industrial disputes.

In a postscript, Dr. Henry wrote in language which could now be taken as the obituary to the Trinidad and Tobago Industrial Stabilization Act, when after referring to its virtual ineffectiveness in the last two years of its operation, he said: "repeal of the ISA is now only a matter of time and already the process of designing substitute legislation has been initiated by the Government of Trinidad and Tobago". This prophetic speculation materialised in August, 1972 when the Industrial Relations Act became operative. This Act has brought about a lot of changes (both procedural and substantive) in the industrial relations law of that country but the concept represented by the two Acts is the same.

The fact that Labour Relations and Industrial Conflict in Commonwealth Caribbean Countries is comparatively cheap is not a reflection on the quality of its production which by any standard is excellent. It is cheap because it is locally printed and published. On the whole, this book is bound to herald the dawn of a new era in the understanding of the Caribbean industrial relations not only within the region but the world all over. It has come in time to fill the gap left by the absence of texts. The second edition however, should appear, whenever that may, with an index.

Since industrial relations is a subject which is of equal interest to students of the social sciences and the law alike, this book will certainly satisfy their respective in- terests. Trade union officials, industrial relations officers, trade unionists, students of the Labour Colleges, and company and personnel managers will derive much information from this book. To the student of comparative industrial relations, it is a great asset. Perhaps Labour Relations and Industrial Conflict in Commonwealth Caribbean



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Countries is indicative of what is to come in the form of books in this area of study. Meanwhile, the field of industrial relations in the Commonwealth Caribbean is still a virgin territory and a book dealing specifically with the Legal Aspects of trade unionism in this region has yet to be written.

CHUKS OKPALUBA

FOOTNOTES

1. "Trade Union Development and Industrial Relations in the British West Indies", by William H. Knowles, University of California Press, 1959.

2. "Trade Unions and Politics in the Caribbean", by Rawle Farley, Daily Chronicle, Guyana, 1957.

3. See for example various pamphlets and Occasional Papers published by the Trade Union Education Institute of the Extra Mural Department of the University of the West Indies, Jamaica. There are also monographs on the histories of various trade unions in the Caribbean. See e.g. Ashton Chase, "A History of Trade Unionism in Guyana," Georgetown, Guyana, 1964; Dr. Francis Mark, "The History of the Barbados Workers' Union," Bridgetown, Barbados (undated): and the forthcoming work of Dr. Harold Lutchman on "Interest Repre- sentation in the Public Service: A History of the Guyana Public Service Association," George- town, Guyana, 1973.

4. "Labour Policies in the West Indies", I.L.O., Geneva, 1952.

5. Note also the efforts of Mr. D.H.F. Stone, Solicitor, in compiling materials on "Industrial Relations in Jamaica and Trinidad and Tobago" in 1968, which though not yet published is available in most libraries. See also the revised edition of that work: "The System of Industrial Relations in Jamaica", Kingston, Jamaica, 1972.

6. The book under review is 283 pages long, and costs pC$7.95 (paper back) and EC$ 10.00 (hard cover).

7. Industrial Relations Act, 1970 (Bahamas), No. 14 of 1970, which repealed substantially the Trade Union and Industrial Conciliation Act of 1965 and established a Labour Relations Board to deal with labour disputes in the Bahamas.

8. Fair Labour Standards Act, 1970 (Bahamas), No. 13 of 1970.

9. Trade Unions Law of Jamaica, Cap. 389, Laws of Jamaica.

10. See pp. 33-34.

11. Trade Unions Ordinance, 1921, Laws of Guyana, Cap 113.

12. See Laws of Trinidad and Tobago, Cap. 22 No. 9.

13. This was as a result of the celebrated Moyne Commission recommendations. See Report of the West India Royal Commission, H.M.S.O. 1945, Cmnd. 6607, esp. paragraph 10 (a). See also "Action Taken on the Recommendations", Cmnd. 6656.



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14. Guyana is another example. There are well over forty trade unions in Guyana but about twenty-six are members of the Guyana Trade Union Council. One of Guyana's largest unions - the Guyana Agricultural Workers' Union - for instance, is not a member of that council.

15. Cf. the solidarity of British Trade Unions and their unanimous attitude toward the Industrial Relations Act, 1971. (U.K.) Cf. also the general solidarity of British Trade Unions as personi- fied in their Trade Union Congress.

16. See Industrial Relations Act, 1972, s. 21 (3). 17. In Jamaica there is no organisation similar to a national Trade Union Congress. 18. Page 83. 19. The Critchlow Labour College, originally inaugurated as a Labour Institute was in 1967

upgraded to its present status. 20. The Cipriani Labour College of Trinidad and Tobago was founded in 1966. 21. A Trade Union Institute had previously been established as a branch of the Extra-Mural

Department of the University of the West Indies in Jamaica. Plans for the establishment of a Labour College for Barbados have been approved by the Government of that island.

22. Reference here is made to the British system before the introduction of the Industrial Relations Act of 1971.

23. This was in the matter between Clark and Tucker Ltd. and the Barbados Workers' Union over recognition of workers at the company's construction site at the new Law Faculty site at Cave Hill. This led to a nine- week work stoppage at the site and finally took the proportion of a general strike until the Prime Minister left his Heads of Governments' Meeting in Trinidad and rushed back to intervene - an illustration of what Dr. Henry calls "the intruding element of politics".

24. At p. 225. 25. See Interim Report of the Committee on Industrial Relations in Jamaica, 1944. The question

of legislative intervention in the industrial relations scene of the Commonwealth Caribbean is dealt with in an essay entitled:- Statutory Regulation of Collective Bargaining in the Carib- bean: A Review of the Industrial Relations Act of Trinidad and Tobago Nov. 1972 (mimeo) by M.C. Okpaluba.

26. Parenthesis added. 27. Trade Disputes (Arbitration and Inquiry) (Amendment) Act, 1967. as subsequently amended. 28. For more on the contents of this Act, see Okpaluba, op. cit 29. Page 227. 30. Public Utility Undertakings and Public Services Arbitration Law, Cap 329, Laws of Jamaica. 31. Cap 386, Laws of Jamaica. 32. In deed the certification system has been introduced in Trinidad and Tobago, and it is to be

processed by an independent machinery known as the Registration Recognition and Certifi- cation Board. See s. 21. Industrial Relations Act, 1972. The procedure for certification is dealt with in sections 32-41.

33. Cf the U.K. Industrial Relations Act, 1971. which by s.2 imposed on the Minister responsible for Labour the obligation of compiling a code of Industrial Relations Practice. This Code has since been complied. See S.I. 1972 No. 179: In Jamaica a tripartite agreement was reached and a labour code was drafted in 1962. Although it was not intended to be legislated upon it was to form a code of practice, yet the arrangement was not acted upon because the parties disagreed over whether it should apply to junior civil servants or not. Note also that the U.K. code of Practice is not intended to have statutory force, see S.4 of the 1971 Act.

34. See pp. 253-356.



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Review Article: THE DAWN OF A NEW ERA IN THE CARIBBEAN INDUSTRIAL RELATIONS SCENE