CWU fails to stop TSTT VSEP plan

THE Industrial Court has dismissed an application for an interim injunction brought by the Communications Workers Union (CWU), which was seeking to stop Telecommunications Services of Trinidad and Tobago (TSTT) from implementing a Voluntary Separation of Employment Plan (VSEP) to more than 700 of its employees. While the court dismissed the application, it granted a stay of its order until 4 pm on Monday as attorney for the union, Michael Quamina, indicated that his client intends to appeal the ruling. The court comprised Cecil Bernard, chairman of the Essential Services Division, Vernon Ashby, and Gregory Baker.

The union was represented by Douglas Mendes SC, Quamina and Anthony Bullock, while Elton Prescott, Vashiest Kokaram and Keisha Butcher appeared for TSTT. Before the union sought injunctive relief, it sent a letter to the Registrar of the Industrial Court on October 20, accusing TSTT of violating Section 40 of the Industrial Relations Act (IRA). The union contended that TSTT failed to recognise the union as the recognised majority union of both the junior and senior staff bargaining units within the company. CWU said TSTT failed to treat and enter into negotiations with it for the purpose of collective bargaining.

The union said the company developed, introduced and initiated implementation of the VSEP plan without consulting and/or negotiating with the union and without obtaining an agreement from the union. Submissions were heard and the matter was fixed for February 28 next year to determine whether the company was guilty of an industrial relations offence. On November 10, however, CWU sought an injunction in which it asked the Industrial Court to restrain TSTT from implementing the VSEP plan offered to employees who are members of the junior and senior staff at the company. In a 24-page judgment yesterday, chairman Bernard said the court could not disregard the fact that a large portion of TSTT’s workforce seems anxious to avail itself of the company’s offer.

He said the union’s bargaining authority may have been compromised as alleged in its application for an industrial relations offence against the company. He said if that is established at the trial, the company may be fined. “But what does the court say to 700-800 workers who wish, for whatever reason, to stop working for the company to avail themselves of what obviously they see as an economic opportunity?” He continued, “We must ask ourselves, whether, in effect, to require them to soldier on in the employ of the company in clear derogation of their expressed wish to leave, would be fair and just having regard to their interests.” After the judgment, Quamina sought a stay of two weeks for the union to file an appeal. Prescott resisted, saying four hours was enough. At the end, chairman Bernard ruled that the stay will remain in effect until 4 pm on Monday.