THE Jamaica Employers Federation (JEF) wants Labour Minister Horace Dalley to review the policies and procedures governing the holding of bargaining rights polls for workers, noting that this was critical if the social partners are to maintain harmonious employer/employee relations.

This call came against the background of what the JEF said were “untrue” allegations made by the National Workers Union (NWU) against the Caribbean Construction Company (CCC) during a recent representational rights bid by the former.

THE NWU, which is seeking to represent workers at CCC, accused the company of “union busting” after claiming that union and ministry officials were prevented from entering the premises on February 20 for the holding of the polls.

But the JEF, headed by president Herbert Lewis, not only dismissed the allegations, but argued that both the union and labour ministry failed to follow standard procedures.

“The allegations that Caribbean Construction denied access or removed the NWU and ministry representatives from the site on Thursday, 20th February are completely untrue,” the JEF said in a statement.

“Jamalco owns the site and they control the security. It is our understanding that the NWU and ministry representatives had failed to comply with Jamalco’s requirements for safety procedures and were therefore denied access to the site by Jamalco’s security. Instead of waiting to resolve this issue of safety orientation, those representatives chose to continue with the ballot outside the site.”

Further strengthening the argument that CCC was not in a position to deny the unions and ministry officials access to premises it did not own, the JEF pointed out that the CCC’s involvement with the JAMALCO mud lake project lasted from October 2002 to February 21, 2003. The CCC, it said, was a sub-contractor to the main contractor engaged in works, including the raising of banks of the existing mud lakes.

“The main contractor for the project is Kier/CCC (Jamaica) Joint Venture. The initials “CCC” in this company name for Commercial Contracting Company Inc of San Antonio, Texas USA. Allegations being made about Caribbean Construction’s role in the project appear to result from a mistake in identity over these initials CCC,” the JEF explained.

Noting further that Caribbean Construction was no longer involved in the JAMALCO mud lake project, the JEF said “its only remaining interest” in the project was to ensure that its ex-employees receive their full entitlements to termination pay. “In this respect, pay in lieu of notice has been included in the termination pay of those ex-employees in accordance with the requirements of the applicable employment laws.”

Added the JEF: “Caribbean Construction respects the rights of its workers and during its long history in Jamaica, has always strived for and achieved harmonious industrial relations in pursuit of its business. The allegations of union busting are unfounded.”

At the same time, the federation said it was “very concerned” about the Ministry of Labour’s policies and procedures in relation to bargaining rights polls.

“The Labour Relations and Industrial Disputes Regulations (under Section 27 of the Labour Relations and Industrial Disputes Act) provides the framework for the taking of representational rights poll, but the actual intricate regarding the polls must be undertaken by the ministry. The JEF is calling on the ministry to undertake a review of its policies and staff training in these policies.”

Additionally, the JEF pointed out that:

* regulation 7 states that the minister shall request that the employer provide on his premises, suitable accommodation for the poll;

* the minister is also compelled to invite both the employer and the trade union to nominate official agents to observe the poll taking exercise;

* the regulation further states that the minister shall, after consultations with the employer and trade unions, specify a date and period for the conducting of the poll; and

* all official agents nominated by the minister must be present during the time specified for the holding of the ballot to, among other things, ensure that the ballot is conducted according to the law.

“It is clear that in the case of Caribbean Construction Company Limited, the regulations were not followed in several instances and the common practice and procedure of the ministry was breached. It is unimaginable to discern how a letter could be faxed at 5:00 pm, informing the employer that a poll will be conducted on his premises the next day. Is this new interpretation of consultations?

“This situation is even more acute in that the premises is not owned by the employer involved and therefore security arrangements would have to be made with the main character, the KIER Group and the contractee, JAMALCO,” the JEF added.