THE National Association of Agricultural, Commercial and Industrial Employees (NAACIE) said it has caused the Trade Union Recognition and Certificate Board (TUR&CB) to file charges against the Toolsie Persaud Group of Companies (TPL) and Mr. Toolie Persaud for failure to enter into negotiations as recognised by Section 23 (1) of the Trade Union Recognition Act contrary to Section 23 (3) of the said Act. This union is recognised by law through Certificate issued and dated May 16, 2000. A NAACIE release said that the offence arose from the failure of Toolsie Persaud Limited and Mr. Toolsie Persaud to have negotiations or any other discussions with the NAACIE. The union is recognised according to Law to represent workers of certain categories employed by the TPL.
“In fact, because of the workers struggle to maintain membership of this Union they were coerced and threatened by the Director into withdrawing membership of the union and in a manner not in keeping with the recognition Agreement signed between the parties on January 25, 1983,” NAACIE said.
It further stated that the Company has ceased authorised payments of union dues to the union through the check off system since May, 2010.
The General Secretary of NAACIE wrote the TUR&CB in letter dated February 24, 2010 seeking their intervention into this dispute which was in fact a breach of the law and informed the board of the particulars of the breaches. Some of the breaches by this company are the unilateral changes of working hours, none implementation of increase in Meal Allowance, Breach of Sick Leave conditions, Separation of at least four workers from the company, the release said? NAACIE claimed that workers are being instructed to stay away from work equivalent to the overtime hours worked instead of being paid for over time work at the time and a half rate and with meals.
The union also charged that the company has discontinued discussions on annual bonus and non-payment of dues deducted by the company. It said it was also pursuing the non-payment of NIS deducted for workers to the National Insurance Scheme (NIS) and the refusal of annual leave to workers after their entitlement to amount for scores of days.
“The main dispute however, is the refusal of the TPL to negotiate with the union for increased wages and better working conditions for its employees who are in the categories represented by NAACIE.”
“The union is prepared to assist in the representation of workers using their legal rights and will be monitoring the development in this case as a model for the new era of employers offering less long term benefits for employees by weakening the solidarity derived through trade unionisation,” the release said.