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posted 27 Nov 2017, 01:45 by Gerry Kangalee   [ updated 27 Nov 2017, 01:46 ]
Image result for caribbean airlinesIn a recent statement Dave Smith reported that the Communication, Aviation Transport and Allied Workers Union (CATTU) had been successful in establishing that Caribbean Airlines (CAL) was the successor to BWIA. This meant that CATTU (one of the recognised unions with BWIA that made the Application for successorship) was declared a recognised union for collective bargaining purposes.

Even before the judgment was delivered, CAL's Attorneys had indicated that they were going to Appeal and applied for a Stay of Execution to the Industrial Court.

On the advice of our Attorney, the Union agreed to a voluntary Stay of 28 days - a date which has now passed. However, we have been advised by our Attorneys that there is an attempt to find a date in January 2018 in the Court of Appeal to hear the Application for a Stay. The advice the Union had received is that we should continue with the voluntary Stay until that Application had been heard.

In order for an Application for a Stay of Execution to be granted, it will be necessary for CAL to convince the Court of Appeal that they have a reasonable prospect of being successful in their Appeal. This is to avoid situations where an aggrieved party applies for and is granted a Stay simply as a delaying mechanism.

We noted that the President of the Industrial Court made the observation that the law regarding successorship matters seems to be well settled. Against the background, we are hopeful that a Stay will not be granted.

If a Stay of Execution is not granted, although it would not stop an Appeal, it would release the Union from any restrictions on behaving like a recognised union in accordance with the Order from the Industrial Court.

In the meantime, the Union has written to the Minister of Finance, as the line Minister for CAL, asking him to intervene in the decision of CAL to Appeal the Industrial Court decision. We pointed out that that it took ten years for the matter to go through the Industrial Court and that the Appeal seems to be essentially a political decision designed to delay workers getting the benefits of a ten-year claim for union recognition.

We have also written to the Chief Executive Officer of CAL asking for a meeting. Although we have agreed not to rigorously follow up on a demand for collective bargaining, we have said that we need to establish a working relationship with CAL if, for no other reason, that we have a substantial number of members with CAL already.

We have also written to the Recognition Board asking for copies of all the Recognition Certificates awarded by the Board to BWIA. Now that it has been determined the CAL is effectively BWIA in another name, the Union needs to know the parameters of all the Recognition Certificates that operated in BWIA.