CARICOM Declaration of Labour and Industrial Relations Principles (Part III)
This is the final part of my presentation on this subject.

ARTICLE 25: Minimisation of Staff  Reductions

1. Positive steps shall be taken by all parties concerned to avert or minimise as far as possible reduction of the work force, without prejudice to the efficient operation of the undertaking, establishment or service.  If the proposed reduction of the work force is on such a scale as to have a significant bearing on the manpower situation of a given area or branch of economic activity, the employer shall notify the competent authorities in advance of any such reduction.

2. Workers whose employment has been terminated owing to a reduction of the work force shall be given priority of re-engagement, to the extent possible, by the employer when he or she again engages workers.

ARTICLE 26: Joint Responsibility of Social Partners

Workers’ organisations and employers shall establish on a mutually agreed basis, appropriate procedures for recruitment and termination of employment which would protect the interests of workers and employers.

ARTICLE 27: Incentive Schemes

Trade Unions and employers shall encourage, subject to mutual agreement in specific cases, the introduction of incentives schemes whenever applicable on the understanding that the benefits of higher productivity will be shared between workers and employers.

ARTICLE 28: Promoting Worker’s Career Prospects

The Social Partners shall promote training and development schemes to enhance the career prospects of workers, their skills and productivity in order to contribute to national, social and economic development.

ARTICLE 29: Occupational Health and Safety

1. The Member States shall formulate a national policy on occupational health and safety, and shall enact and enforce the legislation necessary to protect occupational health and safety and the working environment.

2. Employers shall provide a safe and healthy working environment and workers shall perform their work in accordance with occupational health and safety rules and regulations.

ARTICLE 30: Social Security

1. The Member States shall ensure that Social Security Schemes remain viable and that contributions and benefit payments are based on regular actuarial valuations and sound business investments of funds for the long-term sustainability of such Schemes.

2. The Member States shall protect the right to Social Security of nationals of the Caribbean Community who move to other Member States by reason of employment and shall enter into reciprocal agreements with other Member States in order to provide agreed benefits based on contributions and applicable legislation.

CHAPTER VI: LABOUR ADMINISTRATION

ARTICLE 31:Organisation of Labour Administration

The Member States shall ensure, in a manner appropriate to national conditions, the organisation and effective operation in their respective territories of a system of labour administration, the functions and responsibilities of which are properly coordinated.

ARTICLE 32: Responsibility for Labour Policy

The competent authorities within the system of labour administration shall, as appropriate, be responsible for or contribute to the preparation, administration, coordination, and review of national labour policy. Within the ambit of public administration, they shall be responsible for the preparation and implementation of laws and regulations giving effect to the national labour policy.

ARTICLE 33: Cooperation by Social Partners

The Member States shall make arrangements, suitable to national conditions, to secure within the system of labour administration, consultation, cooperation and negotiation between public authorities and the most representative employers’ and workers’ organisations at the local, national or regional levels as appropriate.

CHAPTER 34: National Labour Policy

To the extent compatible with national laws, regulations and practice, competent authorities within the system of labour administration shall contribute to the development of labour policy, and may participate in representing the Member State concerned in respect of such affairs and contribute to the preparation of relevant measures to be adopted at national level.

CHAPTER 35: Qualifications of Labour Officials

1. Staff of the labour administration system shall consist of suitably qualified persons enjoying comparable remuneration within their respective countries, access to appropriate training, and independence from improper external influences in the effective performance of their duties.

2. The Member States shall ensure that such staff function with impartiality, professional independence, and integrity.

CHAPTER VII: DISPUTES SETTLEMENT

ARTICLE 36: Industrial Action as Last Resort

In the event of a grievance, difference or dispute between them, the Social Partners shall respect the agreed applicable procedures and shall employ industrial action as an instrument of last resort only after all measures and procedures including negotiation, conciliation and mediation have been completely exhausted and the dispute has not been resolved.

ARTICLE 37: Provision of Disputes Settlement Facilities by States

The Member States shall establish, maintain and make available to the Social Partners at all reasonable times appropriate facilities for the speedy resolution of industrial disputes, including negotiation, conciliation, mediation and arbitration.

ARTICLE 38: Restrictions on Industrial Action

The Social Partners shall avoid resorting to industrial action over issues arising from the interpretation and application of the terms in a collective agreement. They shall endeavour to settle any difference in this regard through negotiations in good faith, conciliation, mediation or arbitration.

ARTICLE 39: Respect for Agreements

The Parties shall honour the spirit and substance of all agreements freely entered into and shall be bound by any award resulting from arbitration proceedings.

ARTICLE 40: Conduct of Industrial Action

1. In any case where workers resort to industrial action, such action shall be conducted in a peaceful manner and shall in all other respects comply with the provisions of collective agreements, arbitration awards and applicable law.

2. The parties involved in any disputes shall avoid resort to unfair labour practices including intimidatory actions.

ARTICLE 41: Work Resumption in Unpremeditated Industrial Action

In the event of a spontaneous or unpremeditated strike or lockout, the parties shall employ their best endeavours to bring about an immediate resumption of work and to settle speedily the issue in accordance with agreed or applicable procedures.

ARTICLE 42: Essential Services

1. Disputes in essential services shall, as far as possible, be settled by direct negotiations by the parties involved. Where negotiations fail to resolve the dispute, the parties concerned shall employ such procedures as conciliation, mediation or arbitration in a manner which allows the parties to take part at every stage and which provides guarantees of speediness, independence and impartiality.

2. Nothing in this Article shall be construed as recognising the right to industrial action by workers employed in the essential services as may be defined in the legislation of Member States.

CHAPTER VIII: CONSULTATION AND TRIPARTISM

ARTICLE 43: Essential Eleme
nts of Industrial Relations

The Member States undertake to promote collective bargaining, consultation and tripartism as essential elements of the system of industrial relations in the CARICOM Region.

ARTICLE 44: Consultations on Application of Principles

The Member States shall employ their best endeavours to consult with the Social Partners in establishing the relevant principles and policies to be applied in conditions and situations of financial stringencies.

ARTICLE 45: Limits of Consultation

Nothing in this Chapter shall be construed as permitting Member States to utilise the practice of consultation or tripartism as a substitute for collective bargaining as defined in this Declaration.

Like I said in the first part, if we are to develop our Caribbean Community it is important that our industrial relations practitioners sing from the same hymn book.  We are actually doing so at the moment in spite of a few hiccups along the way but we can only get better as we move along.

*The writer is the former General Secretary of the Clerical & Commercial Workers’ Union (CCWU) and also a former President of the Federation of Independent Trade Unions of Guyana (FITUG) and a former Vice President of the Guyana Trades Union Congress (GTUC). He served the Caribbean Congress of Labour (CCL) as Research Officer 1983 – 1998.