(Trinidad Express) The present Collective Bargaining Agreement (CBA) and Memorandum of Understanding (MOU) between the West Indies Players’ Association (WIPA) and the West Indies Cricket Board (WICB) will remain in force until the dispute between the two parties is decided in the High Court of Trinidad and Tobago at a future date.
According to a WIPA media release yesterday, Justice Ricky Rahim granted a final mandatory injunction yesterday forcing the WICB to treat the agreements as in full force and effect, despite the Board’s pleas to the contrary, and has made it clear that the WICB would be held in contempt of court if it breaches the court’s order.
The agreements, and other documents safeguarding the rights of the players, came into effect on September 1, 2005, with the provision that they could only be changed or replaced with the agreement of both parties. If not, they would continue in force.
In 2008, the agreements rolled over. However, in 2011, the WICB signaled its intention to unilaterally terminate the agreements.
The WICB’s position was that a termination provision can be implied in the agreements even though none is specifically stated.
WIPA objected to this and in reply stated that not only did the parties intentionally omit a unilateral termination clause, but that the agreements mandated that the parties negotiate and come to a new agreement themselves; that the agreements roll over for another three years; or that a new agreement be formed by a third party pursuant to a dispute resolution clause.
Commenting on the judgment, WIPA president and CEO Dinanath Ramnarine said: “This is a big victory for WIPA and the players.
“Justice Rahim’s decision in the matter ensures that the WICB cannot continue to trample upon or violate the rights of the players until the matter is thoroughly ventilated in the High Court.
“In the meantime, the WICB is debarred by law from pursuing its path of willful and wanton disregard for the rights of cricketers.”
He added: “We are elated that the CBA and MOU for which we fought and which is vital to keeping the playing field level will continue to be in force. We are very clear what the intention was when we agreed to it and are confident that our struggle has been vindicated.
“It is a real shame that the WICB under this present leadership is allowed to spend significant sums of monies in legal fees in the courts to take away the basic rights of the cricketers while the game continues to suffer,” said Ramnarine.
“We are always willing to work with the WICB on a new agreement but it cannot be to the detriment of the players or the game itself. The very tenets of the agreements require the highest standards of accountability and transparency as well as the protection of the rights of the players.
“WIPA remains hopeful that this decision will help the negotiation process and bring the WICB back to the table, all in the best interest of West Indies cricket,” Ramnarine concluded.
