Binding arbitration is a process invoked when negotiations have stalled, and mediation has failed. It’s something some labour leaders in the private sector have been calling for, and now government negotiator Keith Archer, who has deep trade union heritage himself, has joined them.
Mr. Archer wants binding arbitration particularly for the sundry public service unions.
In his review of the last year in trade relations, Mr. Archer told the Journal that over the last year, all trade unions that began negotiations for new industrial agreements in the last year have gotten agreements signed, even if it meant those unions having to take industrial action.
Mr. Archer pointed out that most unions in the country are public service unions, meaning that when they do take industrial action it affects the public. The challenge for public service unions is to operate without hurting the public, according to Mr. Archer.
"The way forward, from my point of view, for that to happen, is for both unions and management – all these public service unions, all of them – all the management and the unions should agree to put in their contracts (that) whenever there’s a dispute that they cannot resolve in-house, both sides should agree for it to go to a binding arbitration system," he said.
Mr. Archer, who was the government’s lead negotiator in the often contentious negotiations with the Bahamas Union of Teachers, insisted that unions, especially the public service unions, must find a way to stop hurting the public while still getting their industrial needs met.
And, in Mr. Archer’s view, unions who are confident that they have a case would have no fear of binding arbitration, and neither would management.
"Binding arbitration really is, if you believe you have a case you put it to an independent person," he said. "It’s normally made up of three persons – the company has a representative, the union has a representative and there’s a chairman, and the chairman is supposed to be an independent person."
"So if you believe there’s a dispute between you and the company (you put your case)…What the unions are saying is that if there is a dispute, somebody needs to say who is right and who is wrong. You don’t have to be walking up and down in the road all the time, or striking."
According to Mr. Archer, the government must quickly legislate binding arbitration after consultation with the unions. In his opinion, all "forward thinking" public service union leaders would likely agree to the system. In the final analysis, Mr. Archer said, binding arbitration is a way to shield the public from the negative impact of industrial action and swiftly resolve industrial disputes.
Labour Minister Shane Gibson agrees.
"I think binding arbitration is an excellent idea. I think it could assist us and go a long way in bringing quick resolution to some of the existing disputes and potential disputes, and so…I certainly support it one hundred percent," the minister said.
Minister Gibson told the Journal that he would "absolutely" support legislation instituting binding arbitration not only for the public service unions, but also for all trade unions in the country.
As he had not discussed the matter with union leaders, Minister Gibson said he had no specific plans to bring such legislation to Parliament, but insisted that he supported the idea nonetheless.
- Austin DWI - New York DWI