BRIDGETOWN, Barbados, CMC – Sir Shridath Ramphal, the mediator appointed by CARICOM Chairman Bharrat Jagdeo, explained that 24 hours before the breakdown of the talks on Tuesday between the West Indies Cricket Board and the West Indies Players’ Association, he believed that “agreement was at hand; and that he had actually invoked assistance of various kinds to make implementation of the Agreement feasible”.
Sir Shridath said: “However, all that changed dramatically when one party [WICB] introduced an entirely new document and refused to negotiate on any other.”
The matter is now set to go to arbitration.
Following is the full text of the “entirely new document” which the WICB reportedly submitted:
A. This Mediation arises out of an agreement reached between the parties on July 21, 2009 at a meeting between them in Georgetown, Guyana, held under the good offices of Bharrat Jagdeo as Chairman of CARICOM.
B. Mediation meetings were held between August 3 and September 1, 2009. Under the Rules of Procedure, the proceedings of the meetings are confidential to the parties.
C. The Agreement of the parties reached in the Mediation in relation to the list of issues identified by the Mediator is as follows:
1. Players’ Recent Strike Action
The WICB agrees that the disciplinary proceedings initiated against players arising out of refusal to play in the Bangladesh series 2009 will not be pursued.
2. Coverage of sponsor’s logo
The WICB agrees that disciplinary proceedings initiated against players arising out of coverage of sponsor’s logo during the England series 2009 will not be pursued.
3. Non-attendance at official ticket launch
The WICB agrees that disciplinary proceedings initiated against players arising out of coverage of failure to attend the 2010 ICC Twenty20 Cup Ticket Launch in St. Lucia on June 20, 2009, will not be pursued.
4. First-class players’ strike action
The costs incurred by the WICB in relation to the action taken by the first-class players have not been agreed and must be referred to arbitration.
5. Who is WIPA?
This issue was not agreed between the parties and must be referred to arbitration.
6. Players Refusal to sign 2008-09 retainer contracts
The recovery of the sponsorship funds lost by WICB as a result of players’ refusal to sign 2008-09 retainer contracts was not agreed and must be referred to arbitration.
7. Existing Memorandum of Understanding and Collective Bargaining Agreement
The parties have agreed that going forward, as more specifically provided for in the new Memorandum of Understanding, the basic financial arrangement between WIPA and WICB will be for an agreed percentage of WICB’s average annual audited revenues over a period of years as agreed in the new MOU.
With regard to the negotiation of the MOU, the parties have agreed:
(i) that the Mediator in the current mediation process be invited to serve as Chairman of the negotiating process,
(ii) that the Chairman may call on such specialist skills or experience as may assist the negotiations, and
(iii) the cost for the continued participation of the Mediator will be borne equally by the parties.
8. Public comments made by senior West Indies players
Both parties agree that public derogatory and inflammatory comments about each other do West Indies cricket no good and will not emanate from them. They agree that there has to be a higher and sustained level of respect shown to the other by each party.
9. Public derogatory comments by WIPA
Both parties agree that public derogatory and inflammatory comments about each other do West Indies cricket no good and will not emanate from them. They agree that there has to be a higher and sustained level of respect shown to the other by each party.
10. Payment of sponsorship fees of US $35,000-a-day
To be referred to arbitration as not agreed between the parties.
11. Contract for Bangladesh Home Series
To be referred to arbitration as not agreed between the parties.
12. Retainer contracts and Player rankings
Retainer contracts for the period October 1, 2009 to September 2010 based on the model set out in the Annex hereto will be signed by retained players by September 30, 2009. It is agreed understanding of the parties that these contracts will take account ultimately of the Award made in the arbitration referred to in Clause 3 below and will be replaced by retainer contracts in the form agreed by the parties as part of the new MOU.
13. Non-payment of injury payments
The parties have agreed on administrative arrangements to expedite injury payments to players as follows:
WIPA will re-send, but on the agreed Claim Forms, the names and details previously supplied; within two weeks of receipt the WICB will complete the forms with information it has and return to WIPA to confirm with the relevant players and inform the WICB which will then finalise payments on the agreed basis.
14. Regional Cricket Development Fund
To be referred to arbitration as not agreed between the parties.
15. India Home Series 2009
To be referred to arbitration as not agreed between the parties.
16. ICC Twenty20 World Cup England 2009
To be referred to arbitration as not agreed between the parties.
17. Provident Fund
WICB agreed to an audit of the Provident Fund.
18. Vampire Logo
The parties have agreed that WIPA’s claims from WICB in respect of use of players’ intellectual property and image rights and in respect of endorsements under the “Vampire” logo will be referred to arbitration.
19. Unauthorised use of players’ intellectual property and image rights
The parties have agreed that WIPA’s claims from WICB in respect of use of players’ intellectual property and image rights and in respect of obligations performed for Digicel/Scotiabank in 2008 will be referred to arbitration.
20. Disclosure of obligations involving players in various contracts signed by the WICB and third parties
To be referred to arbitration as not agreed between the parties.
21. Disclosure of total payments received by the WICB in respect of any match, tour, or series
To be referred to Arbitration as not agreed between the parties.
22. ICC Champions Trophy 2009 South Africa
To be referred to arbitration as not agreed between the parties.
23. The nature and ownership of “Team Rights”
To be referred to arbitration as not agreed between the parties.
D. Arbitration
The Mediator has secured the co-operation of the President of the Caribbean Court of Justice in establishing an Arbitral Process involving two other members of Caribbean Judiciaries selected by the President, all acting in their personal capacities. That Process will bring finality to those issues in dispute. The costs of the Arbitration will be borne by the party or parties as determined by the arbitral award.
For the sake of clarity and purpose, the parties have agreed that the following issues are to be referred to arbitration:
1. First class players’ strike action
2. Who is WIPA?
3. Players’ Refusal to sign 2008/2009 retainer contracts
4. Payment of sponsorship fees of US $35,000-a-day
5. Contract for the Bangladesh Home Series
6. Regional Cricket Development fund
7. India Home Series 2009
8. ICC T20 World Cup England 2009
9. Vampire Logo
10. Unauthorised use of players’ IP and image rights
11. Disclosure of obligations involving players in various contracts signed by the WICB and 3rd parties
12. Disclosure of total payments received by WICB in respect of any match, tour or series
13. ICC Champions Trophy 2009 South Africa
14. The nature and ownership of “Team Rights”
