Senior Reporter
derek.achong@guardian.co.tt
The Public Services Association (PSA) has secured a major victory in its protracted legal battle to represent monthly-paid employees of the Trinidad and Tobago Civil Aviation Authority (CAA).
Delivering a judgment on Thursday, five Law Lords of the United Kingdom-based Privy Council upheld the union’s final appeal over its case challenging its non-certification as the majority recognised trade union for the authority.
The dispute arose after the authority was established by the Civil Aviation Act in 2001.
Public servants, who previously performed the authority’s functions and were represented by the PSA, were transferred to the CAA.
Based on the premise that its recognition to represent the workers ceased because of the transfer, the PSA applied for recognition from the Registration, Recognition, and Certification Board (RRCB) in 2007.
The application was withdrawn months later.
A second application was lodged in September 2010 and was subsequently approved by the RRCB.
The authority filed a lawsuit challenging the board’s decision on the basis that the PSA was not permitted to represent its workers, as it already represented staff at the Water and Sewerage Authority (WASA) and the Public Transport Service Corporation (PTSC).
It relied on Section 38(4) of the Industrial Relations Act, which prevents trade unions from representing workers from more than two essential industries.
The case was eventually upheld, and the union did not appeal.
Despite the outcome, PSA then sought to negotiate on behalf of the authority’s staff, as it relied on a provision of the Civil Aviation Act, which purportedly certified it to continue to represent the authority’s staff after it (the authority) was established.
The authority refused to entertain the union, and it (the union) filed an industrial relations offence against it.
In November 2022, the union’s complaint was dismissed by two Industrial Court judges on the basis that the PSA was not, in fact, certified.
The Court of Appeal eventually overturned the Industrial Court’s decision and directed that the board reconsider the union’s certification.
The union still challenged the outcome, leading to the final appeal before the Privy Council.
In deciding the appeal, Lady Ingrid Simler ruled that the PSA was recognised based on the deeming provision of the legislation that established the authority and was not required to make an application as it did.
“These provisions are expressly directed at enabling successorship as the certified recognised union for the association by immediate deeming, in order to protect employees who would otherwise have transitioned to the CAA without any protection from the union that had previously been recognised for collective bargaining on their behalf,” Lady Simler said.
She noted that the board only had the power to reject the recognition of the union based on its representation of three sets of essential workers if the union had not been certified through the legislation and was required to apply.
Stating that the outcome was not absurd, anomalous, or illogical, she noted Parliament would not have intended to limit the PSA when it passed the legislation.
“For many years, the association was certified in relation to two essential industries under the Industrial Relations Act at the same time as it enjoyed appropriate recognised association status under the Civil Service Act in relation to the civil aviation department,” she said.
Despite the outcome, Lady Simler and her colleagues also upheld the authority’s cross-appeal, calling for the decision of the Industrial Court in relation to the union’s complaint to stand.
She ruled that although the union was permitted to automatically represent the workers, the authority was not required to deal with it (the union) until the RRCB essentially “rubber-stamped” the process by issuing an official certificate for the union and including it in its official register.
She directed that the RRCB complete the process.
In a press release issued yesterday, PSA President Felisha Thomas hailed the outcome.
“With this ruling, our mandate to represent, protect, and advance the interests of our members has been vindicated at the highest level,” Thomas said.
She said that the union planned to write to the RRCB to ensure that the process it has to complete is done expeditiously.
“The PSA is eager to immediately begin working with our members to finalise their collective agreement, settle all outstanding negotiations, and engage with the management of the authority in a constructive and cooperative spirit,” she said.
The PSA was represented by Douglas Mendes, SC, and John Heath, SC. The CAA was represented by Seenath Jairam, SC, Jerome Rajcoomar and Shantal Jairam.
