17.10.04 - CTGWU v BWIA, CAL - judgment.pdf

Industrial Court Judgment

This is the judgment from the Industrial Court issued on 4th October 2017. The Court decided the matter in favour of the Union. The key extract from the judgment can be found at paragraphs 44 to 46:

"44. It is the ruling of this Court that CAL as the successor to BWIA, is constrained by the provisions of Section 48 of the Act to recognise the Union as one of its Recognised Majority Unions and to honour the  terms of the registered collective agreement between the Union and BWIA.

45. We further rule that Certificates of Recognition Nos. 97 and 98 of 1976 are binding on the Parties. The rights of the Union and that of its members are uninterrupted, therefore the successor employer, CAL, is duty bound to honour these rights.

46. It is hereby ordered that Caribbean Airlines Limited do recognise the Union as the Recognised Majority Union of workers of the respective bargaining units for which Certificates Nos. 97 and 98 of 1976 apply.