Letter to the Registration, Recognition and Certification Board from Attorney at Law Lennox A. Marcelle

March 17, 2010

Dear Sir,

Re: Certificate of Recognition No. 10/2006 issues pursuant to
Section 32 of the Industrial Relations Act Chapter 88:01

We act on behalf fo the National Union of Domestic Employees (NUDE). We have been instructed to reply to directions given by you resulting from a meeting of January 26, 2010. We wish to state emphatically that our client takes issue with the caption. The Board has determined already the matter in accordance with Section 32 and may be viewed as being functus for all intent and purposes.
Nevertheless, we wish to point out the following:
1. The RRCB issued a certificate of recognition 10/2006 on the 24th July, 2006 between the National Union of Domestic Employees and Supermix Feeds Trinidad Limited in respect of "the daily/hourly rated employees and the montly rated Electrician of Supermix Feeds Trinidad Limited." The decision of the RRCB as to the appropriateness of the bargaining unit is final as provided in Section 32 of the IRA Chapter 88:01.

2. Supermix failed to give effect to the RRCB's determination and consequently did not meet and treat with the Union. this became the subject matter of an Industrial Relations Offence (IRO) No. 5 of 2007 about which the Industrial Court made a determination in favour of the Union. However, this matter is now the subject of Civil Appeal No. 245 of 2008. Is the Company seeking to settle this appeal by asking the Board to make a determination which may affect the outcome of the appeal?

3. We are instructed that the Company in its desperation to avoid the Board's final determination of even to frustrate it, addressed correspondence dated October 19, 2006 requesting the Board to clarify "the scope and application of the recognition certificate." This was followed with another letter on the same subject matter dated October 27, 2006. The Board replied in correspondence dated January 25, 2007 that its determination was predicated on the information supplied by the Company in accordance with the Industrial Relations Act (IRA) Chapter 88:01.

4. The Company, in an attempt to have the Board review, rescind, or vacate its decision of July 24, 2006 addressed correspondence dated January 17, 2007 claiming inter alia that the application was in respect to Supermix Feed Mill at O'Meara Industrial Estate, Arima. It is our view that the matters raised by the Company in this letter are matters that should have been raised in the process leading up to issuance of a certificate of recognition and not now, after the Board's determination. We are fortified in this view by the reply of the Board it its letter of February 25, 2007 where the Board restated its position that its determination was predicated on the information which was provided to it by the Company.

It is now nearly four years since the Board's decision. It is our view that the Union's effort to give effect to its recognition as the majority union is being frustrated by an intransigent Company. It is not the intention of the law that after recognition a party to that recognition, or in this instance, the Company, should be given several bites at the cherry to frustrate the determination of the Board. Moreover, the Board cannot and should not provide assistance and solace for such conduct be entertaining frivolous and vexatious petitions and queries.

What is the Board being asked to review, rescind or vacate? In the Company's view, the Certificate of Recognition issued by the Board on July 24, 2006 is inconsistent in scope and application. It has also claimed after the determination of the Board that is has restructured and the titles of positions have changes. It is our view that these issues could be remedied by mature and responsible collective bargaining which which so far the Company has refused to participant. It is our view that the preferred or better view is the collective bargaining solution.

Notwithstanding, we believe that it is within the power and jurisdiction of the Board to order closure to this unfortunate situation, which prior to the passage of the Act may have been the subject of bitter industrial action.

Firstly, the Board may wish to consider Section 31 of the IRA which provides for determination by the Industrial Court on a case stated. Section 31 provides as follows:
31. (1) During the hearing of any matter before the Board, the Board may, in its discretion, on the application of any party to such matter or on its own motion without such application, state a case on any point as to the interpretation or application of this Act of any other written low or rule of law, for the opinion of the Court.
(2) The Court shall hear and determine all questions arising on the case stated, and the determination of the Court on any such questions shall be conclusive for all purposes.
(3) The statement of facts in any case so stated shall, for the purpose of the determination thereof, be conclusive.

The Board is invited to read Section 31 conjointly with Section 23 (7). Section 23 (7) provides as follows:
23(7) Subject to this Act, and in particular Section 31, the Board shall be the sole authority competent to expound upon any matter touching the interpretation and application of this Act relating to functions and responsibilities with which the Board is charged by the Act of any written law; and accordingly, no cause, application, action, suit or other proceeding shall lie in any Court of lave concerning any matter touching the interpretation of application of the Act.

Considering the above provisions, the question is whether the Board can vary its decisions in circumstances such as described by the Company and/or whether such variation can amount to the revocation of the certificate of recognition already issued or simply a modification of the scope of an application of the instant certificate of recognition? Are these questions the subject matter for interpretation as contemplated be Section 31?

However, we wish to emphasize that the Union's preferred approach is a negotiated settlement between the parties. To this end, we wish to suggest that the Board invites the parties to settle facts to form the basis for such negotiations. Should the negotiation fail, the Board may refer that matter based on the settled facts as stated case for interpretation of the Court in accordance with Section 31.

We also wish the Board to consider and it is urged to do so, that in all of this Trinidad and Tobago has ratifiied the International Labour Organization (ILO) Conventions 87-- Freedom of Association and 98-- The Right to Collective Bargaining. These rights which are akin to human rights are given force and effect in the Industrial Relations Act Chapter 88:01.

Therefore, the Board cannot be seen to be an instrument of frustration of the rights of a trade union to associate and to bargain collectively. Thus, the drafters of the Act put in an important safeguard at Section 23 (6) as follows:
23(6) No decision, order, direction, declaration, ruling or other determination of the Board shall be challenged, appealed against, reviewed or quashed or called into question in any Court on any account whatsoever; and no order shall be made or process entered of proceeding taken by or in any Court, whether by way of injunction, declaratory judgment, certiorary, mandamus, prohibition, quo warranto or otherwise to question, review, prohibit, restrain, or otherwise interfere with the Board or any preceding before it.

We are instructed and are fortified in the view that Supermix is asking the Board to review, rescind, quash or vacate its determination of July, 24, 2006. Furthermore, we believe, and it is the better view that the matter as articulated by Supermix and its Counsel can be remedied by genuine collective bargaining. Should the Board fail to convince the parties as to the efficacy of such an approach, it is reminded that it is empowered to refer the matter as a stated case for interpretation by the Court, as we have urged herein.

We accordingly submit the above for the consideration of the Board.

Yours faithfully,
Lennox A. Marcelle

NUDE continues actions with Supermix Feed workers

NUDE was out again in front of the Supermix/Arawak plant yesterday, March 15th, picketing with workers.

NO STRUGGLE IS WON WITHOUT ACTION

The workers are demanding negotiation and recognition of their union, respect for their rights as workers, safer and healthier working condition, and a $10.00 pay increase across all positions.

NUDE's next general meeting will be held on the 20th of March, 2010 at 4:30pm in NUDE's office at Lp 53 Wattley Circular, Mount Pleasant Road, Arima.

Please join us!

NUDE connects with Caribbean domestic workers and unions for international action

March 5^th, 2010.

Dear Comrades, Friends, Supporters,

I am writing to you in my capacity as the Regional Co-ordinator (Caribbean) for the International Domestic Workers Network (IDWN) and the General Secretary of NUDE to keep you abreast with developments with respect to our advocacy for the promotion and protection of domestic workers rights at the International level.

The National Union of Domestic Employees (NUDE) is based in Trinidad and Tobago, and has been actively involved in advocacy since 1982 for the promotion and protection of Domestic Workers rights at the National, Regional and International Level.

The International Domestic Workers Network (IDWN) was established in 2006 in the Netherlands and is comprised of Domestic Workers organisations and trade unions from around the world. The network is provided with an organisational base by the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers` Associations (IUF). The IUF is a federation based in Geneva with a membership of 336 trade unions in 120 countries representing over 12 million workers. The Network is also assisted by Women In The Informal Economy (WEIGO) with resources and advice.

On December 10^th 2009 the IDWN launched its International campaign on Human Rights Day calling it Mobilisation Day For Domestic Workers with simultaneous activities around the World e.g. with press conferences, seminars, conferences, marches, etc. in Trinidad, Tanzania, South Africa, Hong Kong, Mexico, Peru and other countries around the World.

As you may be aware this year at the International Labour Conference (ILC) in Geneva in June the first official discussion on standard setting for Domestic Workers with a view to getting a Convention or/and a Recommendation for Domestic Workers will take place.

The International Labour Organization (ILO) in seeking to embrace and include domestic workers into the Decent Work concept, and is working towards their protection by explicitly recognizing domestic and household work in the convention.

This means that domestic and household workers would share the fundamental rights of all workers, such as the right not to be subjected to forced labour or slavery, the right to just and favourable working conditions, the right not to be discriminated against, the right to an adequate standard of living, and the right to form and join trade unions, which have the right to negotiate with employers. NUDE and IDWN wants an ILO Convention in addition to a Recommendation for Domestic Workers.

The ILO circulated a questionnaire on Domestic Workers amongst its member states with a deadline to respond in August 2009. However, In the Caribbean and non – metropolitan territories of the English and Dutch speaking Caribbean, the majority of Governments, Employers and Trade Unions refused or neglected to participate in this exercise to promote DECENT WORK FOR DOMESTIC WORKERS.

I have therefore, attached NUDE`s response to the Questionnaire that was included in the ILO`s second report for your perusal and urge you to support by reading our questionnaire and the second ILO report on Domestic Workers that can be found on the ILO`s Website and please let us know what are your arguments, what arguments you think could be raised concerning protection for Domestic Workers, so that we could be prepared with responses for discussions in June.

This is just one example of the many important steps that each organization can take in order to ensure the rights of domestic/household workers in your country. Also if government, employers or trade union in your country has responded to the questionnaire, we would still like if you would ensure that we receive a copy.

The work has now begun for the recognition of Domestics as workers. Additionally, public awareness-raising events and media work are essential aspects of building international attention for the issue of domestic and household workers’ rights.

The ILO has a series of steps that can be taken by your organization and information on the global campaign for an ILO Convention in 2011 can be found at the network’s website, www.domesticworkerrights.org

We eagerly await your feedback on this important issue.

In The Service of the Working Class,

IDA LE BLANC
General Secretary

Supermix Action- March 8, 2010

NUDE's call to action for Supermix workers on Feb. 27th lead to a consensus for direct action.
Workers began by wearing red scarves/flags during work shifts, protesting the company's refusal to negotiate with NUDE.

Then, on March 8th, International Women's Day, Supermix workers and union members went to the Arawak/Supermix factory, and staged a protest, demanding healthy and safe working conditions, job classification, an increase in pay to $25.00 an hour and upwards depending on job classification, fixed hours of work, appropriate break and lunch periods, and most importantly, the start of negotiations with NUDE on behalf of the workers.

This same morning, Ida Le Blanc, Carla Walcott, and Supermix employees were on Andy Johnson's Morning Edition on CNN, publicizing the issues that NUDE has been encountering with Supermix, and the planned protest for later that day.


The picket line began around 12:30pm, and by the end of the day, over one hundred women and workers had joined the protest. This was a huge success, and spoke to the interest and dedication of the workers and union organizers.

Please continue to look to NUDE for more information regarding Arawak/Supermix negotiations. The picket line and television appearance have brought great interest and attention to the event, and we look forward to updating members with our progress.