Application By The Grenada Technical And Allied Workers Union For Certification As The Exclusive Bargaining Agent For Managerial Employees At The Grenada Airports Authority

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The Government of Grenada has been made aware of certain  statements made by the Grenada Technical and Allied Workers’ Union (GTAWU) at a  press conference held on Monday 19th May 2025 regarding its application to the Division of Labour (DOL) for certification as the exclusive bargaining agent for the managerial  employees of the Grenada Airports Authority (GAA). The Division of Labour hereby  clarifies some of the matters addressed at the press conference.

By letter dated 2nd May 2025, GTAWU made an application pursuant to Section 33 of the  Labour Relations Act for certification as the bargaining agent for managers employed at  the Airport. By law, a poll must take place within 14 days of receiving the application, but  before that, the Labour Commissioner must conduct an exercise to consider the  appropriateness of the bargaining unit in accordance with section 35 of the Labour  Relations Act.

The Labour Commissioner was out of office on medical leave, when the letter of 2nd May  was received, and scheduled to return on 12th May 2025. Being cognizant of the fourteen  days requirement of the Act and the fact that she would have insufficient time from the  date of her return to fulfil the legal requirements, the Division of Labour requested the  Union’s consent to extend the deadline for conducting the poll. The Union declined the  request.

By letter of 12th May 2025, the Labour Commissioner invited the Airports Authority and  the union to a meeting at the DOL on Tuesday 13th May 2025, to determine the  appropriateness of the bargaining unit as required by Section 35 of the Act. The letter  also informed the parties that once the appropriateness of the bargaining unit is  determined, a poll will be conducted on Thursday 15th May 2025, clearly establishing a  precondition for the conduct of the poll as stipulated by the Act. The meeting was  rescheduled and instead took place on Wednesday 14th May 2025. The Union and  representatives from the Airports Authority attended.

At the meeting, the Labour Commissioner was unable to fully consider all the matters  required by section 35 of the Act including: the community of interest among the  employees in the proposed bargaining unit; the nature and scope of the duties exercised  by the employees in the proposed bargaining unit; and the views of the employer and the

trade unions concerned as to the appropriateness of the bargaining unit. The Airports  Authority asked for more time to properly examine the roles of the managers within the  proposed bargaining unit and to make submissions to inform her determinations. The  request of the Airport Authority, not being unreasonable and being required to make the  determinations stipulated by Section 35, the Labour Commissioner asked the parties to  consider rescheduling the meeting for the following Thursday to give the Airport Authority  the time requested to prepare its submissions. However, the Union rejected the proposal  and requested the Labour Commissioner to submit in writing a justification for extending  the deadline.

Section 36 of the Act stipulates that after fourteen days, the Minister must either refuse  to certify the union or conduct a poll. With the Union’s stance in refusing to agree the  extension and the 14-day deadline for conducting the poll, the Minister was constrained  to apply the provisions of Section 36(1) of the Act. Consequently, by letter dated 15th May  2025 from the Labour Commissioner addressed to both the General Manager of the GAA  and the President General of the Union, the parties were notified that the request for  certificate was refused by the Minister.

Pursuant to Section 36 (3) the union can submit a fresh application for certification after 90 days.

The Division of Labour remains committed to the interests of employees and employers  alike as the neutral party in the tripartite arrangement. In the fulfilment of this commitment,  the DOL is guided by the provisions of the Labour Code and the principles of fairness in  the fulfilment of social justice.

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