TRADE UNION DELEGATE S HANDBOOK (JAMAICA)

TRADE UNION DELEGATE’SHANDBOOK(JAMAICA)ByLAUREN MARSH1

AcknowledgementsThis handbook was done with the support of prominent trade union leaders from Jamaica. Themain purpose of the handbook is to provide guidance to trade union delegates on their core roleand function. Special mention must be made of the staff of the Hugh Shearer Trade Union, Sen.Kavan Gayle, Mrs. Helen Davis-Whyte, Mr. Graville Valentine and Mr. Lloyd Goodleigh.Without these individuals this handbook would not be possible.2

History of Caribbean Trade UnionsThe development of trade unions in the Caribbean resulted from the social and economicinstabilities experienced during the period 1839-1919. Despite the abolition of slavery the planterclass still reserved excessive control over land and factories. The absence of legitimaterepresentation for the working class resulted in malicious and retaliatory action by the planterclass. After the abolition of slavery, free blacks were exposed to inhumane working conditions,long work hours and poor remuneration. The productive forces of capitalism caused an increasein the labour force and eventually fostered a heightened consciousness among the working class.This awareness encouraged resistance to the existing labour conditions and eventually resulted inrevolt (Stone and Brown 1977: 91).Dissension resulted from high levels of discrimination and poverty (Hart 2002).Poorworking class blacks were excluded from making any form of political intervention creating anextreme polarization of power in favour of an economic ruling class predominantly of Britishdescent. The atrocities experienced by the working class led to the establishment of trade unionsdevoted to advocating the rights of a poor working class.The earliest evidence of trade union activity can be traced back to the latter part of the1800’s. Hart observes in the work of Walter Rodney, the existence of a Bakers’ Associationformed in 1888 and a Patriots Club formed in 1890 (Hart1999: 41-77). There is also mention of aCarpenters, Bricklayers, and Painters Union – commonly referred to as the Artisans Union thatwas formed in 1898 (Eaton 1962:8-4). It must be noted that these early unions were illegalirrespective of the immense support they received from the working men and women.Labour unrest among the working class during the years 1890-1919 led to theestablishment of more trade unions to represent agriculture and sugar workers.3In 1917 there

was a series of strikes in St. Lucia, Jamaica and British Guiana. The strikes in these countrieslead to the formation of trade unions and the Benevolent Association in the case of St. Kitts. Inthat same year, campaigns in British Guyana for better wages and the reduction of working hoursprovided the platform for future trade union activities within that country. In 1919 organizedstrikes in Jamaica and Trinidad disrupted the labour climate in both colonies. In the case ofTrinidad, repressive and restrictive laws were put in place to curtail union activity in 1919 and1920.The formalization of the trade union movement in the Jamaica can be traced to 1919,when the Legislative Council in Jamaica passed the Trade union Law which conferred legalrecognition of trade unions that were registered under the law (Eaton 1962:13). The Trade UnionLaw of 1919 was enacted in response to a series of strikes that started in Kingston and spread toother parts of the island. The strikes occurred in the sugar and banana industries, the FireBrigade, the Government Railway Department and the Docks. The newspaper was utilised as amedium through which workers would voice their grievances concerning the working conditionsof the period. The main preoccupation of these articles was to encourage workers to establishtrade union organizations that are legally recognized and considerate to the demands of workers(Henry 1979:33).Between the years 1919-1938 trade unions agitated for improvements to the decadentsocio-political and economic conditions experienced by the working class. One Hundred yearsafter the ‘so-called’ end of slavery, the plantocracy continued to exercise absolute control overthe socio-political, economic and financial resources of the colonies. Ex-slaves continued to behighly dependent on the production infrastructure utilized during slavery. The employment4

arrangements within these organizations perpetuated the exploitation of cheap labour andmaintained a highly profitable production system for the colonial elites.Resistance against colonial oppression eventually led to the enactment of the TradeUnion Ordinance in 1919. The Trade Union Ordinance was the first pillar of freedom for tradeunions because it provided union organizations with a degree of power and autonomy that wasconstitutionally entrenched (Henry 1972:23-34). The enactment of the Trade Union Law and theTrade Union Ordinance provided the labour movement with the constitutional privilege neededto legally conduct trade union affairs. However, the Trade Union Ordinance lacked two essentialingredients for the effective operation of trade unions. It did not protect trade unions againstliabilities resulting from strikes and neither did it legalize peaceful picketing.From the late 1920s onward, trade unions in the Caribbean had similar agendas mainlybecause of inequities and injustices experienced by the working class. There is no evidence in the5

literature which speaks to sustained interaction among trade unions throughout the region.However, the characteristics of Caribbean trade unions in respect to their structure function andbargaining strategy implies that union organizations have been integrating ideas and resourceslong before there was any prolonged discussion regarding the benefits of Caribbean integration.What is a Trade Union?The International Confederation of Free Trade Unions (ICFTU) defines the trade union as:“a continuing and permanent democratic organization voluntarily created by workers to protectthemselves at their work, to improve the conditions of their work through collective bargainingprocedures, to seek to better the conditions of their lives, to secure their natural rights, and toprovide an effective means of expression for workers’ views on problems of society and politics.”This definition reflects the core functions of a trade union which is essentially to protect workersand provide a channel through which their problems can be effectively addressed.However, as globalization intensifies, a definition of the term must also consider theeffect global forces have on the wellbeing of workers interacting with the international market.Within this context we believe that a trade union can be defined as:A dynamic organization permanently concerned with the representation and training of workersfor empowerment against socio-economic, environmental, cultural and technological forces thataffect their livelihood and economic well-being.Essentially, the contemporary trade union organization should move beyond employer-employeerelations to include and adopt an expansive mandate that focuses on issues that affect the wellbeing of working people generally, both within and outside of the formal workplace. Thecontemporary trade union must, therefore, also seek to do the following:6

i) The union organization must fulfil its principal function which is to provide protectionfor all working people from infringements and exploitation. To do so, Officers musthave a detailed understanding of global labour trends and International Labour Standards(ILS).ii) To effectively perform the first function, delegates and officers must have a basicunderstanding of labour trends within their country by ensuring that the trade unionorganisation creates a database with information pertaining to the macro economy,sectoral performance and labour market demography. Such a database, will allow theunion organizations to anticipate changes in the labour market and predict the effect suchchanges will have on the welfare of workers. This information will enhance thebargaining capacity of trade unions by providing credible labour market data that isrequired to engage judiciously in the collective bargaining process. .iii) Thirdly, trade unions have to become more engaged in issues relating to the naturalenvironment. The effects of climate change have created unsafe working conditions forworkers in every region of the world. Climate change and environmental degradationwhich affects negatively all families and communities must be of concern to workers andthe trade union organisation, due to the gloomy consequences predicted which will affectemployment, job security and decent work. Given that, trade unions must focus onstrengthening the relationship between labour and the environment with special emphasison strategies for integrating the economic, social and environmental concerns of all.7

WHAT TRADE UNIONS DO?i. Provide representation for workers – The union organization has the responsibility ofrepresentation for members contending with grievances that are labour-related. Whena member has issues with employment terms or working conditions in a company it isthe DUTY of the trade union to resolve these concerns through the appropriatechannels whether formally or informally.ii. Give advice to members and social partners – besides performing its representationalrole, the union also provides advice to members and the social partners on mattersthat have a direct effect on employment conditions and labour. These issues includingbut are not restricted to employment trends, workers rights and collective bargaining.8

iii. Inform members and the public – From time to time trade unions inform the public onmatters that affect the members or the general labour force. Trade unions will usevarious methods to disseminate information eg. Newspaper, radio, televisionconferences, and the internet.iv. Advocate workers rights – advocacy is among the central functions performed by anytrade union organization. In some instances trade unions may partner with variousinterest groups and other non-governmental organizations (NGOs) to advocateworkers rights or encourage ‘best’ practices in the workplace.v. Agitate on behalf of workers- Trade unions will, at times, resort to industrial action whenmanagement is insensitive or unresponsive to the concerns of members. In Jamaicathe Labour Relations and Industrial Dispute Act outlines the conditions under which atrade union may take industrial action.vi. Provide Training for members – In the current dispensation, it is essential for tradeunions to provide training for members. If trade unions wish to remain relevant theymust offer activities, deliverables and ideas addressing issues affecting workingpeople that arise from interactions with the global market.Jamaican Trade UnionsJamaica has a visible trade union movement with approximately fifteen (15) major tradeunions which represents a wide cross section of its employed workforce. These unions wereformed between 1918-1985, they include the National Workers Union, the Bustamante IndustrialTrade union, the Trade union Congress of Jamaica, the Jamaica Teachers Association, theNurses Association of Jamaica, the Jamaican Association of Local Government Officers, the9