Happy New Year Fellow Anguillians. In 2017 we hope that through your strength and perseverance that God grants prosperity and good health to all. Our Sympathies goes out to the families and friends of our fallen heroes, especially our Father of Our Nation. Our strength is with those who are carrying on the banner of our heroes, ensuring that Anguilla will always be Proud, Strong and Free. OWL Union pledges to be part of the band-wagon in building a New Anguilla.
It is our pleasure to announce that on Tuesday, 10th January 2017, The Ministry of Home Affairs, through the Department of Labour, invited the various civil societies to a consultation on part 16 of the proposed Labour Code. This part of the code focuses on the laws to govern Trade Unions and Employers’ Organizations.
Some key parts discussed are below with laymen terms in italic:
Basic employee rights – Every employee has the right to take part in the formation of any trade union or federation of trade unions …. It is your right to form a labour union just as it I your right to vote.
Freedom of Association protection for employees – No employer or employers’ organization, and no person acting on behalf of an employer or an employers’ organization, shall, with respect to any employee or any person seeking employment discriminate or take any prejudicial action, including discipline or dismissal, against such employee or person by reason of trade union membership or because of participation in lawful trade union activities …. It is a crime for your boss to fire you, or threaten you on the job; else they will have to suffer the penalties.
Protection of trade unions from employer interference – No person shall commit an act, which is designed to promote the establishment of an employees’ organization under the domination of an employer or employers’ organization, or to support employees’ organizations by financial or other means with the object of placing such organizations under the control of employers or employers’ organizations…. – It is a crime for your boss to try pay to the union under the table.
Peaceful picketing – It shall be lawful for one or more persons, acting on their own behalf or on behalf of a trade union or of an individual employer or firm in contemplation or furtherance of a trade dispute, to attend at or near a house or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or abstain from working…. – Puncturing someone’s tires when they do not want to protest or strike it is illegal. Only protesting outside their homes or at their work is lawful. The same is for protesting to your boss when there is an issue we want the boss to deal with, it is now legal.
Application procedure for certification – A trade union claiming to have as members in good standing a majority of the employees of an employer in a bargaining unit may, subject to this Part, make application to the Commissioner to be certified as the exclusive bargaining agent of the employees in the unit…. – Once 51% of the staff in a business joins a particular Union and are paying their dues, that Union will become certified by the Labour Department to negotiate with your boss about everyday issues like pay, vacation, sick leave etc.
Collective agreements – They shall contain effective procedures for the avoidance and settlement of rights and interests disputes which procedures may include a reference of any dispute to conciliation, mediation or arbitration…. – A contract between your boss and the labour union will be agreed between the two and signed. This contract will have all the rules about how issues on the job will be handled. It will include the day to day issues on the job, such as, but not limited to, pay raise, sick leave, overtime, service charge, severance pay etc. [EXTRA NOTE] The Collective Bargaining Agreement (CBA) is the goal of the labour unions. To have a CBA signed with every business in Anguilla will only happen if 51% of the workers in a business join a Union, only then the Union can sign the CBA with the Boss . When this is achieved with 100% of our businesses in Anguilla, then Anguillians can be proud to say that our labour market is organized!
There are two Labour Unions in Anguilla, namely Anguilla Hotel and Allied Workers Union (AHAWU) and Organized Workers and Labourers Union (OWL). Both Unions were represented at the consultation in hopes of getting the Code reviewed to allow it in the House of Assembly (HoA). Both Unions shared the hope that workers in Anguilla would rally themselves to which ever Union of their choice so that the workers can have a stronger input in this code. To this day in total some 200 persons out of a possible 4000 workers have showed interests. The numbers of the members in the unions shows that Anguillians are comfortable with the working conditions they presently endure. However we hear a public cry that there is unfairness in the job place. All I can say is that God helps those who help themselves, so join a Union Today.
This is the second consultation that trade unions were afforded the opportunity to sit down with Government to discuss the Draft Labour Code. The previous consultation was in 2012 however nothing stemmed from it. We are hopeful that this time the Minister of Labour pushes this code to the House of Assembly and give up some of her powers to the people. It is no wonder that over the years this code has been gathering dust as the present Fair Labour Standards Act makes the Minister of Labour the sole person to decide on work permits. Needless to say that arrangement can only effect corruption and perhaps is responsible for many issues we are having now. The proof of the pudding is in the eating and we wait patiently, as we have for 10 years, to see this Code enter the house. Until then it is by time that every worker in Anguilla grow-up and become responsible with their job.
Join a Union and start to learn about your rights, these new laws and how to deal with everyday issues on the job. If one truly wants to keep their job then they should learn how to. We do not want to forget Malliouhana worker, however only two bank workers have showed interest in unions in the past four years and the Unions regret they were not afforded the opportunity to intervene and empower the staff to allow for another arrangement to be made besides dismissal. This is the same feeling with those on a One-Year or less Contract, especially when they are rehired year after year.
The Unions are asking for a mandate from Anguillans, just as they have given the mandate to the present Government. There are issues in the code that OWL Union feels should be addressed. However our voice has no weight because we do not have enough members. One important issue is Severance Pay. The code is proposing:
Severance pay
105. (1) On termination of employment due to redundancy, an employee who has completed one year of continuous service with his or her employer is entitled to be paid by the employer severance pay equivalent to-
(a) one week’s wage for each completed year of service up to the first five years;
(b) two weeks’ wage for each completed year of service in excess of five years and up to ten years;
(c) three weeks’ wage for each completed year of service in excess of ten years.
Owl Union is proposing that the one week be changed to one month or a more reasonable schedule than that proposed. Especially for those workers whose bulk of their pay is in service charge. Again Owl Union does not have the numbers for our voice to be heard. If this continues it means that Anguillians agree for example, if you make $200.00 a week and have been working for 20 years, you will receive: $9000.00, however if it is changed to a month it would be $27,000.00. There are companies that have sold out for millions and our people got hundreds. There are issues of service charge, issues of hours of work, issues of pay increase, issues of victimization, issues of sexual harassment and the list goes on. We can either continue fussing and cussing about them or we can join a union, Unite! and be part of the change.
Yusuf Abdul Ali
OWL Union
President
– Press Release
(Published without editing by The Anguillian newspaper.)
