Petrotrin was yesterday found to have acted in bad faith by failing to meet with the Oilfields Workers’ Trade Union about the company’s closure.
The ruling was delivered following deliberation by Industrial Court president Deborah Thomas-Felix and members Albert Aberdeen, Janice Christopher-Nicholls and Azeem Mohammed, but read out by Aberdeen in the Thomas-Felix’s absence.
However, while the ruling agreed that “the company did not, in good faith, treat and negotiate with the union for the purpose of collective bargaining as required by law” it denied the OWTU’s application to debar Petrotirn from continuing to terminate workers.
However, the OWTU still claimed victory as the ruling proved the company had broken the law.
“The union is vindicated today because we have always been saying that the company broke the law. We had a memorandum of agreement registered with the court and by virtue of that registration became an order of the court, the company violated that memorandum of agreement,” OWTU president general Ancel Roget said afterwards.
“They failed to meet and treat with the union in accordance with the provisions that were set out in that memorandum of agreement. Today we feel thoroughly vindicated and so we call on the company to follow the order of the court.”
The Industrial Court has ordered that Petrotrin meets with the union to discuss “issues related to the terms and conditions of employment of the workers for which the company had a duty to discuss with the union.”
These issues are:
• What criteria is used for the rehiring process
• What is the proposed structure of the Company
• Pension and medical plans of the workers
• Workers’ savings plan and other benefits
• Computation of termination packages
These meetings are to take place daily from 9.30 am on November 20th and 26th at the company’s premises or at a mutually agreed venue. The company was also ordered to pay the maximum fine of $4,000 by November 23.
Roget added, “The union is not comfortable with that but that is the law and just as we would not be comfortable with that but still be prepared to uphold the order of the court, we call on them to do the same thing.”
He also said the recent announcement from Prime Minister Dr Keith Rowley concerning a tax exemption on Petrotrin workers’ severance packages would also need to be discussed.
“Those issues are going to be examined as we sit with the company to determine the extent of the compensation packages for taking away their jobs. When we examine it in its totality, we will be able to say how beneficial or how not beneficial those issues are to workers who today are without a job,” Roget said.