Longford et Al v Eastern Airlines Ltd

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Lewis, P.
• Judgment Date: 25 October 1977
• Docket Number: No. 10 of 1977
• Date: 25 October 1977

Industrial Court

Lewis, P.; Ford, J. (Member); Caines, J. (Member)

No. 10 of 1977

Longford et al

and

Eastern Airlines Ltd.

Appearances:

Antigua Trades and Labour Union ( T. Rose) and A.W. Archibald, Solicitor, for the claimants

Antigua Employers' Federation ( C. Cumberbatch) and J. Callahan, attorney-at-law (U.S.A.), for the respondent

Jurisdiction and procedure - Evidence (Collective Agreement).

Lewis, P.

1 The question which arises for decision in the trade dispute is in that circumstances will a collective agreement be admissible in evidence by this court? Mr. Callahan for the respondent referred to rule 11 of the Industrial Court (Procedure) Rules S.R.O. No.24 of 1976 and said that in effect what this rule provides is where the original document is not available a certified or photostat copy may be admitted in evidence in support of a memorandum. Rule 11 reads:

“In this even of documents being submitted by either party in support of their memorandum they shall be in original or, where the original of the document is not available by a certified or photostat copy of the original.”

2 By virtue of this rule the practice followed in this court where a party submits a document in support of its memorandum is for him to mark the document with an identifying mark, refer to it in his memorandum and attach the document so marked as an exhibit to the memorandum in question when the memorandum is filed. A document complying with the requirements of this rule and duly attached to a party's memorandum is admissible in evidence as a matter of course. But, will compliance with the requirements of this rule be enough to justify the admissibility in evidence of a collective agreement in the light of the certain provision of the Antigua Labour Code 14/1975 (hereinafter referred to as “the code”). The provisions of the which we have in mind relate to (a) the filing of a collective agreements with the Labour Department is required by sections G20 and H8(9) of the code, (b) the certification of a collective agreement by the Labour Commissioner, (after he has analysed it) that it “is a lawful contract in all respects”, as required by section K25(2)(v) of the code, and (c) the enforceability of a collective agreement as manifested by the intention of the parties thereto, as required by sectionK26 and K27 of the code.

3 It was submitted on the behalf of the respondent that these provisions of the code to which we have referred must be complied with in addition to the requirements specified in rule 11 of the Industrial Court (Procedure) Rules before a collective agreement will be admissible in evidence.

4 As regards the question of enforceability Mr. Callahan stated that the collective agreement which the respondent wishes to be admitted in evidence contains a statement in article III, paragraph (b) thereof to the following effect – “It is agreed and understood that the company and the employees shall, during the term of this agreement be bound by the provisions herein.”

5 And he submitted that this statement shows that the parties intended themselves to be bound by the terms of the collective agreement referred to.

6 We agree that if the collective agreement is admitted in evidence, then this statement would without doubt indicate that the parties to the collective agreement intended it to be a legally enforceable contract as provided by section 26(3) of the code, to which reference will later be made.

7 Mr. Archibald for the claimants submitted that two certificates were necessary before a collective agreement could be admitted in evidence. The first would be a certificate under rule 11 of the Industrial Court (Procedure) Rules S.R.O. 24/1976 to the effect that the collective agreement is a true copy of the original filed with the Labour Department. This certificate, he said, will only be necessary where the original collective agreement is not available and it would serve to establish the authenticity of the agreement. The second certificate is the one required to be issued under section K25(2)(v) of the code, that the collective agreement “is a lawful contract in all respects”. These certificates he said should appear on the collective agreement submitted in support of the respondent's memorandum.

8 Mr. Callahan in reply produced a certificate form the Labour Commissioner dated 11 ^th January 11 ^th January 1977 headed “Certification of Collective Agreement”. It referred to the collective agreement in this case and therein referred to “are now certified in accordance with section K25 of the Antigua Labour Code as lawful contracts in all respects”. He then submitted that it was unnecessary that this certificate should appear on the collective agreement which he proposed to ask the court to admit in evidence and contended that the general certificate which the Labour Commissioner issued on 11 ^th January 1977 to the Director of the Antigua Employers' Federation was sufficient for the purposes of section E 25(2)(v) of the Antigua Labour Code.

9 We will now proceed to consider the provisions of the Code which we have mentioned above.

10 The first section to which we wish to refer is section G20 of the code. This section provides in sub-section (1) thereof for the filing of collective agreements by trade unions within the period therein specified; and in sub-section (2) it provides a sanction for non-compliance with sub-section (1). Section G20 of the code reads:

“G20.

• (1) Each trade union, registered or unregistered within ten days of the final execution or amendment thereof, shall file with the Labour Department a copy of each collective agreement between it and any employer covering employees of that employer.

• (2) Responsibility for compliance with the requirement of sub-section (1) shall be that of the committee of management of union, jointly or severally; and any contravention thereof shall be an offence, making an offender liable on summary conviction to a fine of fifty dollars.”

11 The next section to be considered is section H8(9) which also deals with the filing of collective agreements with the Labour Department. This section reads:

“H8.(9) Every registered bargaining agent shall file with the Labour Department a copy of every collective agreement to which it is a party within ten days of the execution or amendment thereof.”

12 It will be of interest at this stage to point out that in section A4 of the code the expression “bargaining agent” is defined to include trade unions. This expression is defined as follows:

“bargaining agent’ or ‘bargaining representative’ means the person, organisation, or trade union duly designated or authorised to represent either employer or employees in negotiating the working conditions of employees; in negotiating the terms of a collective agreement embodying said conditions and, if such agreement is reached to execute the case; in administering said agreement on behalf of its respective principal; and, generally, in representing its respective principal for the life of its designation or authorisation on all matters relating to said conditions of work.”

13 We will now pass on to section K25 of the code. Sub-section (1) of this section relates only to the duties of the Labour Commissioner to analyse a collective agreement which has been filed under section G20 for the purpose of discovering whatever information may be derived therefrom in relation to the employment conditions of workmen covered by the said collective agreement. This sub-section is not material for present purposes and it is quoted for placing the whole section on the record. Section K25(1) reads:

“K 25(1). With respect to all collective agreements filed by trade unions under section G20 it shall be the duty of the Labour Commissioner, acting through the Labour Relations and the Statistical Services of the Labour Department, to analyse information may be derived with respect to the employment conditions of workmen covered by collective agreements.”

14 Section K25(2) is of vital importance. It relates back to section H8(9) and provides in paragraph (i) that a collective agreement filed by a...