The announcement by Caribbean Airlines Ltd (CAL) on Monday that it "decided to engage the processes under the Industrial Relations Act (IRA)" by reporting its compensation dispute with its pilots' union to the Minister of Labour," creates a measure of uncertainty for the airline during December, which is generally a high-revenue month for most airlines.
The uncertainty arises because unhappiness by CAL's pilots over the pace of the negotiations for a collective agreement from the period September 1, 2015, to August 31, 2018 led to a sick out by 93 pilots during the weekend of August 18 to 20.
As the CAL pilots provide an essential service, their sick out was illegal under the IRA. But the industrial action taken by the pilots resulted in more than 60 flights being postponed or cancelled. That weekend disruption, during a high-revenue period for the airline, resulted in at least $15 million in direct costs for CAL.
The disruption also sullied the airline's reputation for reliability and consistency, which it is working hard to recover by ensuring that the on-time performance of its flights is as high as possible.
In its news release on Monday, CAL explained that the negotiations for the collective agreement were reported to the Minister of Labour because of "the challenges faced in reaching a mutually agreeable resolution."
According to the Industrial Relations Act, when disputes are reported to the Minister of Labour, he shall take steps to secure a settlement of the dispute by utilising conciliation within 14 days.
That period of conciliation can be extended. But if an unresolved dispute remains after the extension of the conciliation, the issue "shall be referred by the Minister to the Industrial Court for settlement."
The process of conciliation by the Minister of Labour is likely to push the issue of compensation for the CAL pilots well into next year. Given the importance of revenue generation in the next four months, from Christmas to Carnival to Easter, it is important to the airline's future sustainability that it put the compensation issues of its pilots behind it.
Further delays in the settlement of the pilots' compensation issues could lead to the airline suffering future turbulence.
Instead of, or alongside, the conciliation efforts of the Minister of Labour, what is required is the robust intervention of Corporation Sole, the Minister of Finance, guided by the airline's board, to assert the national interest in CAL.
As the representative of the 88.1 per cent of CAL owned by T&T, it is for Corporation Sole, guided by the board, to determine whether the pilots' compensation requests are affordable in the context of the airline's forecast of revenue generation and operational income. That is a task that the CAL board must undertake as it seeks to guide the intervention of the Minister of Finance.
That intervention is important not only because of T&T's majority ownership of CAL, but because the Government of T&T ensured that the airline stayed afloat during the COVID-19 period by guaranteeing loans to it. The airline must also be operated in a way that ensures that its expansion plans do not jeopardise its ability to service its debt.