Unions still pushing to represent private security guards
December 29, 2006
LABOUR unions have resolved to intensify their efforts to gain representational rights for more than 12,000 private security guards who the companies insist are private contractors.
MORRISON... I have written the minister of labour and social security seeking an urgent meeting to discuss the current situation
"I have written the minister of labour and social security seeking an urgent meeting to discuss the current situation," president of the National Workers Union (NWU) Vincent Morrison, said on Tuesday.
Morrison's comments, and those of his colleagues in the trade union movement, have been triggered by a recent Appeal Court ruling, quashing an award made by the Resident Magistrate's Court last year in favour of the minister, which had sought criminal sanctions against Marksman Limited for alleged breaches of the Labour Relations and Industrial Disputes Act (LRIDA).
The Corporate Area RM court convicted Marksman and one of its directors, Valerie Juggan-Brown, last November for failing to provide the ministry with information required to facilitate a representational rights poll. The poll involved the United Union of Jamaica (UUJ), led by James Francis, which has been seeking to represent the workers since 2003. The company was fined $500,000 and the director $50,000.
The ministry requested the information after the UUJ had provided it with a copy of a Form 2 application for bargaining rights, which it reportedly had sent to Marksman. However, earlier this month, the Appeal Court quashed the conviction after agreeing with the attorney for Marksman, Winston Spaulding QC, that there was no evidence to prove that the company actually received the Form 2, although the company conceded that it had received a letter from the UUJ.
"The judgment seems a little bit hazy to me. What it really means is that, for the minister to satisfy himself that the form has been properly served, he will have to introduce new measures and new provisions in the law, which we are not sure are practical. How will he ensure that the form has been received?" Morrison responded....
Author: Balford Henry
Source: Jamaica Observer
