By:
Batumba Tak
Union Organizer
The St. Kitts-Nevis Trades & Labour Union
No
Union = No Rights
In
the words of Wendell Phillips, “Organize, and stand together. Claim
something together, and at once; let the nation hear a united demand from the
laboring voices, and then, when you have got that, go on after another; but get
something.”
The
right to join a Union of one’s choice is a fundamental human right, sacred to
any democratic society, including the right to organise.
Our
forebears fought for these rights early in the 1900’s and they continue to
ensure that these rights are always protected because they did not trust the
establishment to pass laws for the protection of the laboring class.
Employers
have taken the view from the children of the then establishment that they have
a right to do whatever they wish to do. As a result, the children of the
labouring class are called upon to ensure that those very rights are also
protected as well.
Nonetheless,
let us turn our attention to: No Union = No Rights.
We
shall now look at the difference between if your workplace is non-Union or if
you join a Union and have a collective agreement.
Here
at the St. Kitts-Nevis Trades & Labour Union, we know from experience that
unless employees have a collective agreement, they are at the mercy of company
policies.
Thus,
most employment handbook clearly state that policies are “guidelines only and
not a contract of employment” or that the terms of the handbook are subject to
change without notice.
In
a non-Union workplace, employers have taken the dim view that you are an “employee
at will.” This means that your employer can discipline or fire you at any
time for any frivolous reason; you have no recourse.
However,
if you are a member of a recognised Trade Union and have a collective
agreement, it will definitely state that discipline, up to and including
discharge, is subject to a grievance procedure and binding arbitration,
depending on the terms of your collective agreement.
Most
employers state that they have an “open door” policy. What that
really means is, they will listen to you then do whatever he/she wants. I am
pretty sure almost every employee will agree with me that “open door”
just don’t work for them at all.
However,
even under a company’s “open door” policy, there is nothing to
really make anyone believe that this policy is meaningful.
On
the other hand, if you are a member of a recognised Trade Union, the contract
negotiations will require that both sides – Labour and management to listen,
and to reach reasonable compromises that is acceptable to both sides.
We
shall now look at if your work in a non-Union workplace. In non-Union
workplace, employers always determines the level of salary/wages, benefits and
other terms and conditions of work. Therefore, if you are not satisfied, your
best option is probably is to get another job. Still there is no guarantee that
anything will change. But please don’t be surprised if they get worse.
On
the other hand again, if you are a member of a recognised Trade Union, your
collective agreement will definitely state the kind of salary/wages, and
working conditions you will be working under. However, if you are still not
satisfied, you can work for changes during the next contract negotiations.
It
so happen that while in discussion with an employer just recently, the employer
kept lamenting that nothing in the Union agreement clearly state what to do if
the employees are absent from work on a regular basis or turning up to work
late.
Let
me state quite clearly for the record, the St. Kitts-Nevis Trades & Labour
Union do not condone lateness or workers who don’t report to work regularly,
but at the same time we have no intention of throwing any worker under the bus
in a manner of speaking.
However,
as a result of that employer comment we have already advised our members to peruse
the collective agreement for when it comes for renegotiate in the very near
future.
I
am pretty sure that all most everyone will agree with me that many employers
have a way of changing their employee’s salary/wages, benefits and other
conditions at anytime it pleases them by giving some ridiculous reasons.
At
the St. Kitts-Nevis Trades & Labour Union, we are of the opinion that
neither Labour nor management can make unilateral changes to a signed
agreement. That is signed by the Labour Commissioner as well.
However,
if there is any modifications are necessary during the life of the collective
agreement, both sides must agree to those changes.
Finally
for today’s article, we will now look at how management feels that the hiring
and promotion and demotion are up to the discretion of the employer.
Here
at the St. Kitts-Nevis Trades & Labour Union, we are of the opinion that
the hiring and promotion and demotion and other conditions of employment is
generally covered by collective agreement and therefore cannot be changed by
any one party.
As
time is of the utmost importance, we will have to stop here for today, but will
continue to bring to the general public our members views on all topics raise
by them be it Industrial or healthy eating.
As
I close for today, I leave you with a quote by David A. Morse, and a song by
Jack Chernos.
“Our
motto is to work for peace based on social justice. Our mandate is to improve
the condition, health and safety of workers, and our mission is universal.”
The
Silence Of Good People
By: Jack Chernos.
It
was once asked of Rev Dr. Martin Luther King, Jr
How
the progress of rights could be so long coming
His
answer was not the evil of some
But
the silence of good people.
Although
we may never arrive in the garden
The
sin is not failure, but never starting
My
silent friend, it is you that I am speaking of
Of
the silence of good people.
We,
we will not be silent
We,
we will not be silent
We
will not be silent.
Although
we have only hearts, bodies, and minds
Against
guns and clubs, lies and threats and money
When
the truth is released, each echo comes louder
On
the voices of good people.
We,
we will not be silent……
I’ve
taken my place on the streets of our land
With
my sisters and brothers by the tens of thousands
And
I have sweet hope, because I can hear
The
rising voices of good people.
We,
we will not be silent……
