Public Services Association of Trinidad and Tobago (Appellant) v Trinidad and Tobago Civil Aviation Authority (Respondent) (Trinidad and Tobago)

Hearing listed

Case summary
Linked cases
Appeal

Case summary

Case ID

JCPC/2023/0106

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Public Services Association of Trinidad and Tobago

Respondent(s)

Trinidad and Tobago Civil Aviation Authority

Issue

1. Whether, on a proper construction and/or application of the section 26A of the CAAA, the deeming of the PSA as the certified recognised majority union was subject to the provisions of the IRA. 2. If so, whether the PSA was required to comply with the provisions of Part III of the IRA before it could be recognised as the certified RMU for the BU by the Industrial Court. 3. If so, whether the PSA was required to apply to the RRCB to be certified as the RMU for the BU. 4. Whether the RRCB could certify the PSA as the RMU for the BU since the PSA was already certified as the RMU in respect of two other essential industries.

Facts

The Appellant now appeals to the Board with leave of the Court of Appeal. The Authority is responsible for the administration of Civil Aviation. This is an essential industry under the provisions of the Industrial Relations Act (“the IRA”). It was first established as a corporate body on 11 August 2000 by Act 33 Civil Aviation Authority Act to perform the duties and functions previously performed by the Department of the Ministry of Works responsible for Civil Aviation (“the Department”). Section 25 of the Act empowered the Authority to hire staff for the proper administration of tis function. On 12 October 2001, Parliament enacted the Civil Aviation Act 2001 (“the CAA”). This act was proclaimed on 1 November 2001. The CAA re-established the Authority, empowered it to hire new staff and contained a new section 26 which was identical to its predecessor. Public servants who had formerly worked within the Department transferred from the Public Service into the employ of the Authority. Prior to enactment, the PSA has historically been the recognised majority union for public officers employed at the Department. On 12 June 2003, Parliament enacted Act 17 2003 Civil Aviation Amendment Act (“the CAAA”) which amended CAA by enacting new sections 26A, 26B and 26C. On 26 July 2007 the PSA applied pursuant to Part III IRA to the Registration Recognition and Certification Board (“RRCB”) to obtain certification as the RMU in respect of the BU. By letter dated 29 August 2007, the RRCB wrote to the Authority indicating that the RRCB was required to determine the bargaining unit which it considered appropriate pursuant to section 33(1) IRA and inviting the Authority to attend a clarification hearing. On 4 December 2007, PSA sought permission to withdraw its application for certification and by letter dated 20 December 2007, the RRCB granted permission to withdraw the application. On 28 September 2010, PSA made a second application to the RRCB for a certificate of registration as the RMU. On 12 August 2016, the RRCB purported to certify the PSU as the RMU for monthly paid workers of the Authority. Decision of RRCB to certify the PSA was judicially reviewed and quashed by (Seepersad J) in the High Court on 20 February 2017, on the ground that the RRCB had certified the PSA without giving the Authority the opportunity to be heard in breach of principles of natural justice. By letter dated 8th March 2018, the PSA complained to the Registrar of the Industrial Court that the Authority was guilty of an industrial relations offence (“IRO”), namely, that the Authority had failed to meet and treat in good faith with the PSA (as the RMU) in breach of section 40 of the IRA. On 9 November 2022, the Industrial Court agreed with the point in limine raised by the Authority, namely, that the PSA was not the RMU for monthly paid/monthly rated workers of the Authority and dismissed the IRO. The PSA filed an appeal against the decision of the Industrial Court to the Court of Appeal on 17th November 2022. The Court of Appeal (a panel of two judges) delivered its ruling on the Appeal on 13th February 2023 dismissing PSA’s challenge.