This document provides an introduction to industrial relations and labour relations. It defines industrial relations as the interaction between employees and management in the workplace, including relationships at both the individual and group levels. The document outlines the history of the labour movement in Jamaica, from slavery to the establishment of unions. It discusses theoretical perspectives on industrial relations like the unitary, pluralist, and human relations approaches. Finally, it examines key concepts in industrial relations such as fairness, power, individualism vs collectivism, and the roles of major actors like management, labour, government and unions.

1. INDUSTRIAL
RELATIONS & THE
LAW
INTRODUCTION TO LABOUR RELATIONS

2. LEARNING
OBJECTIVES
History of the labour movement in Jamaica
Characteristics and fundamental components of IR
Theoretical perspectives on IR
The major actors in IR and their roles
Levels in the Industrial Relations System
Labour Management Relationships

3. DEFINITION
OF
INDUSTRIAL
RELATIONS
Industrial Relations is often known as Labour
Relations, “
It is the interaction between people, and their
complex relationships, which are common
features of the workplace on a day-to-day
basis.
Relationships pertaining to the workplace –
individual relationships between supervisor and
and employee, or between groups of workers
and management, among other groups.

4. DEFINITION
OF
INDUSTRIAL
RELATIONS
The relations and interactions in the industry between labour and
management as a result of their composite attitudes and
approaches in regard to the management of the affairs of the
industry, for the betterment of not only the management and the
workers but also of the industry and the economy as a whole.
The relationship between employees and management which stem
directly or indirectly from union-employer relationship.
The relation in the industry created by the diverse and complex
attitudes and approaches of both management and workers in
connection with the management of the industry.

5. HISTORY OF LABOUR MOVEMENT IN
JAMAICA
IR developed over the years out of the perceived imbalance in power.
Management was seen to be holding all the cards: able to determine
working hours, firing conditions, payment rates, physical conditions of
working and hiring practices.
Conditions for workers in the Caribbean were never good. Coming
out of slavery in the early 19th century, employees were evicted from
their homes, paid low wages, and worked long hours.
Some stayed on the plantations, some moved on to farming, some
went to the towns in search of jobs, and some migrated.

6. HISTORY OF LABOUR MOVEMENT IN
JAMAICA
Our whole independence movement and the birth of our
political parties was bound up with the need to establish
better industrial relations for the workers of this country.
With a background of slavery and colonialism, early
employers did not recognize the value of their employees
and, for the most part, saw them merely as tools of
production, albeit, human ones.

7. HISTORY OF LABOUR MOVEMENT IN
JAMAICA
Our early leaders such as Norman Manley and Bustamante, together
with individuals such as Alvin Grant, Marcus Garvey, “Father Coombs”
and Michael Manley and Hugh Shearer were all consummate
industrial relations leaders who saw their mission in life to improve
the way of life of the workers.
Society has changed, and “the boss” no longer has the only say in
how things are done. Industrial relations brings together
management and workers to agree on their respective rights and
duties, and to agree on a set of rules and procedures that are to apply
in the workplace. These agreements also include provisions for the
fair settlement of disputes.

8. HISTORY OF LABOUR MOVEMENT IN
JAMAICA
Before the Trade Union Act of 1919, unions operated without the protection
of the law
Towards 1863-1864 strikes boke out on many sugar estates
Reasons for the strikes – poor wages, irregular employment, crop failures,
severe hardships
Teachers’ Union now Jamaica Teachers’ Association – 1865
Carpenters, Bricklayers and Painters Union – 1898 drew up a schedule of
rates for the trade and requested the governor to declare the rates payable
island wide ~ minimum wage. Union set up committee, established a library
and a school

9. HISTORY OF LABOUR MOVEMENT IN
JAMAICA
Many of the early union organizations died from lethargy, and
loss of paying members as soon as issues were settled. Hence
present day unions fight hard for the check off system of the
payment of dues.
1919- Trade Union Act
1938 – JLP founded - BITU (1938)
1938 – PNP founded - NWU (1952)

10. HISTORY OF LABOUR MOVEMENT IN
JAMAICA
1940 – Jamaica Trade Union Congress (JTUC)embracing all the unions
1949 – JTUC mandate changed and was registered as a trade union
itself
There were over 125 unions registered at some time or other in
Jamaica
BITU, NWU, JTUC, and Jamaica Association of Local Government
Officers (JALGO) formed the Joint Trade Union Research Development
Centre (JTURDC)
1994 members of JTURDC established Jamaica Confederation of Trade
Unions (JCTU)

11. HISTORY OF LABOUR MOVEMENT IN
JAMAICA
The objectives of JCTU is the promotion of the national interest by
affirming the dignity of labour, securing and preserving social justice,
promoting the well being and development of the working people of
Jamaica.
UAWU is not a member of JTURDC or JCTU
Not to be outdone and to cope with the growing strength and
expertise of trade unions employers felt it was time to establish a
body (JEF 1958) to which they could look for guidance and assistance
in dealing with trade unions and matters of labour relations.
Kirkaldy

12. CHARACTERISTICS
AND
FUNDAMENTAL
COMPONENTS OF
IR
Institutions
Characters/Personnel
Procedures
Topics/Occurrences
Laws

13. INSTITUTIONS
Trade Unions, Union Federations, ILO,
Employers’ Associations, Trade Councils, Caribbean Congress of Labour
Joint Industrial Councils, Government Ministries,
Universities etc.

14. CHARACTERS/
PERSONNEL
Convenors, full time officials of
unions and employers associations,
personnel officers, directors,
conciliators, arbitrations tribunal
chairperson, judges etc

15. PROCEDURES
Bargaining,
negotiating,
settling disputes
Settling grievances,
handling
redundancies,
Forming closed
shops, achieving
union recognition,
Policy making, rule
changes,
Tribunal hearing,
calling strikes,
Avoiding industrial
action and referrals
to conciliation or
arbitration

16. TOPICS/ OCCURRENCES
Pay, hours, conditions of work, content of work, contracts of
employment, termination of employment, industrial policy,
government policy, union membership or non-membership union
duties, maternity benefits, discrimination, discipline, picketing,
strikes and lock-outs, safety, employee participation and
technological change.

17. LAWS/CODE
Labour Relations and Industrial Disputes Act, the Women’s Act, the
Maternity Leave Act, Minimum Wage Act, holiday With Pay Act,
Trade Union Act, Labour Relations Code, Employment Termination
and Redundancy Payment Act, Occupational Safety and Health,
Disability Act, the Jamaican Constitution

18. THEORETICAL PERSPECTIVES OF IR
1. Unitary Perspective
2. Conflict Theory/ Pluralist Approach
3. Systems Approach
4. Human Relations Approach

19. THE UNITARY PERSPECTIVE
Everyone in the organization shares a common purpose and all are committed to
these objectives. The relationship between worker and management is viewed as
a partnership operating with shared objectives such as efficient production,
profits, increased market share and good working conditions.
This view includes the idea that conflict is to be shunned, and it is by unity of
purpose, peace and stability at the workplace that companies can be successful.
Companies that espouse this view assume that all the employees share the goals
of the organization and are committed to fulfilling them.

20. THE UNITARY PERSPECTIVE
A company with this perspective would have to have shared objectives
such as efficient production, profits, increased market share, and good
working conditions.
In many cases, the managers take the view that management is a team
effort and there is no need whatever for trade unions in such an
organization.
Conflict seen as destabilizing

21. CRITICISMS OF THE UNITARY PERSPECTIVE
Seen as unrealistic.
Organizations that practice this style are considered very
authoritarian – where the managers have the exclusive right to
manage as they choose.
Unitarist organizations are paternalist in outlook and look after their
employees by establishing good employee/employer relationships
and by being committed to the welfare of their employees.

22. CRITICISMS OF THE UNITARY PERSPECTIVE
Unitarist organization makes sure that there is no role for the
trade union to play.
If conflict is to be excluded from the workplace, then the
managers of this type of company will not formally
acknowledge its value to the organization.
The admission of unions into the company would seem like
enemy intrusion.

23. NEO-UNITARISM
These include the use of HR to focus on worker development through
training and development, career path planning, providing opportunities
for promotion and giving pay for performance.
This is the “employee relations model”. It seeks to bring about managed
change and the achievement of efficiency and effectiveness by a positive
and enthusiastic organizational culture.

24. NEO-UNITARISM
Believe in the freedom of market forces
Liberalization from government interventionist policies in the labour market, such
as
Income policies and
employment protection laws and
Wage Council Regulations.
Organizational change and development by developing and training its
employees to the max.

25. CONFLICT THEORY
Believes that conflict is a feature of society and that it must exist in
organizations due to the differing values and attitudes of employees
and their managers.
The whole collective bargaining process emanates from recognition
of the conflict of interests between workers and management.
Within the holders of the conflict theory, there are (a) the Marxists
and (b) the pluralists.

26. MARXISTS
Believe that society is made up of the capitalistic bourgeoisie who own
the means of production (land, capital, machines, and technology) and the
workers (proletariat) who provide the labour.
For the Marxists, a change in the status of the proletariat can only come by
revolution (dramatic conflict) and thereafter will come the establishment of
a classless society run on communist principles.
Revolution advances by society, rather than union conflict is the way to
bring about change and this perspective relates to organizations in a
secondary manner.

27. PLURALISTS
Conflict is inevitable, healthy and good as it exposes different points
of view for consideration.
The various distinct groups in society and in the organization have
their own beliefs, values and interests and this must lead to conflict.
A compromise is needed to advance harmony between the
relationships. Unions are central to balancing power between
employers and workers.

28. PLURALISTS
They endorse collective bargaining and joint consultation as the
mechanisms by which conflict may be resolved and harmony
achieved.
Most widely accepted as it is realistic and reflects how balance and
harmony are most likely to be achieved in the Caribbean.

29. THE SYSTEMS APPROACH
Seeks to help persons to understand the operations of Industrial
relations where there are a variety of different inputs of the actors,
the context and the ideology.
The systems approach sees that bargaining, consultation and
arbitration are processes that take place between the actors and
that the outcome of these processes is the formulation of rules and
regulations that govern relationships at the work place.

30. RULES
There are procedural rules and there are substantive rules.
Procedural rules define the conduct of the relationship between managers and
workers and involve collective bargaining, consultation, grievance procedure,
disciple or union recognition. Substantive rules speaks to rules about
compensation, rights and duties of workers, performance standards and
disciplinary action to be taken if one fails to achieve the standards.

31. RULES
Rules can be set in different ways: unilaterally or by one party – as in
the case of government regulations, managerial regulations or
union regulation; bilaterally – as using the collective bargaining, the
consultative or the joint governance process; tri-laterally, as in a
MOU signed between the government, the public sector and the
unions.

32. RULES
There are internal and external rules:
External rules include laws, arbitration rulings, national agreements and industry
agreements.
Internal rules are normally covered in the Collective Labour Agreement (CLA).
Rules can be formal written rules such as CLA, Heads of Agreement, Policies and
Procedures or informal which come about by “custom and practice”.

33. THE MAJOR ACTORS IN IR AND THEIR ROLES
Management – all individuals in position of substantial authority over others in the work organization. Management
usually includes owners or their representatives (managers) carry the rights of ownerships “property rights”. Many
managers are both managers and subordinates to a higher body
Labour – all working people who do not exercise a substantial degree of authority over others but who are
subordinates. This includes both unionized and non-unionized employees.
Government – Government is intended to balance the scales between unions and organizations: they have a role in
mediation/conciliation, arbitration, establishing laws, and in setting policy guidelines, such as MOUs , Minimum
Wages and determining what is in “ the national interest”.

34. THE MAJOR ACTORS IN IR AND THEIR ROLES
Courts and tribunals – ADR, DRF, Supreme Court
Trade Unions – UTASP, JCTU, BITU, NWU
Employer’s Association – JEF, HRMAJ

35. HUMAN RELATIONS APPROACH
Policies and techniques at center to improve employee morale
Small work groups exercise control over their environment and
how they work
Purpose is to meet the social, psychological and economic
goals through a series of deliberate steps to support team
work.

36. FEEDBACK
Feedback is channeled back into the system so that
adjustments can be made to the internal processes.
Sometimes the rules are not consistent with the company’s
policy, or they do not fit the environment, or they just wont
work. As they are applied to situations that arise, the
company will monitor their effectiveness and make any
necessary changes.

37. THE PURPOSE OF INDUSTRIAL RELATIONS
To ensure a balance between the power of management and that of
the employees
Harmonious relations in the workplace
To provide a way to handle conflict that will not be totally
devastating to the company

38. THE PURPOSE OF INDUSTRIAL RELATIONS
To protect the rights of the employees
To ensure that management too is protected from unfair practices by
employees.
To provide rules and regulations so that all parties within the organization
can have a common understanding of a company’s requirements and
policies

39. SIX ELEMENTS OF
EQUITY THAT
INDUSTRIAL
RELATIONS ARE
CONCERNED WITH
1. Having a say in work matters
2. “Due process” in the handling of
complaints
3. Fair treatment at work
4. Meaningful work
5. Fair compensation
6. Secure employment

40. A RESPONSIBLE
UNION SEEKS
Fair and just wages for its members;
Employee benefits that provide a decent
quality of life;
Economic security;
Economic progress together with company
progress; and
Respect for the worker as a human being.

41. HOW TO
DETERMINE
THE
EFFECTIVENES
S OF THE
UNION IN A
COMPANY
ASK THE FOLLOWING QUESTIONS:
Are there good working conditions in the company?
Are there any new policies introduced by management that
breach agreements made with employees?
Are industrial relations laws enforced?
Does a forum exist for handing problems faced by workers
so as to bring them to the attention of management?
Are problems actually dealt with or are they swept under
the carpet?

42. COMMON CONCEPTS IN INDUSTRIAL
RELATIONS
Fairness and
Equity
Power and
Authority
Individualism
and
Collectivism
Rights/Interests
and
Responsibilities
Integrity and
Trust
Freedom of
association

43. FAIRNESS AND EQUITY
Invoked most often
in matters of pay and
dismissal.
Has to do with
fairness, impartiality
and social justice.
It does not
automatically imply
equality,
Too often the view
that might is right
has been used to
condone some very
unfair practices.
Industrial relations
seeks to defend the
wronged party and
bring about equity

44. POWER AND
AUTHORITY
Authority is usually described as the right to
issue orders and expect them to be carried
out. Authority is vested in the position in the
organization that bestows this right to the
individual – usually to the manager and to
the supervisor.
Power is the ability to influence and make a
person do what you wish even against his or
her will.

45. INDIVIDUALISM AND COLLECTIVISM
Collectivism is a Marxist concept which sees that the greater good can be
achieved by persons acting in concert rather than individually.
Employees who join unions agree to be bound by the rules of the union and must
act in accordance to the union’s directives. Unions are concerned with collective
agreements. Industrial Relations is concerned with group relationships for
example, between bargaining units, between industries (e.g. all sugar workers
across the island of Jamaica) and across levels of organizations.
Contracts are negotiated, not for individuals, but for the bargaining unit.

46. INDIVIDUALISM AND COLLECTIVISM
Individualism is the freedom to negotiate with management on one’s own, and to make
decisions based on individual preference.
When an individual becomes part of a union, he or she gives up the freedom to act alone,
and becomes part of the collective decision making process.
In some instances, individualism is considered a state of perceived weakness as
management, having the greater power, can withhold benefits and pay that may be gained
by the union.
Finally, in a unionized organization the debate may surface as to whether negotiations
cover non-unionized members of the bargaining unit and whether they are free-wheeling
and should therefore be required to pay a union due.

47. RIGHTS, INTERESTS AND RESPONSIBILITIES
The management’s right to manage,
The worker’s right to representation
Rights disputes are about matters stemming from the collective agreement that
was negotiated by the union. At times, individuals interpret the negotiation
clauses differently and employees and unions see things one way while
management sees it to be another… Where there is a serious misunderstanding, it
often leads to industrial action, as the employee feels that he or she is being
denied his or her “RIGHT”.

48. RIGHTS, INTERESTS AND RESPONSIBILITIES
Interests - In this case a dispute arises over a matter that a worker would like to see
granted to them. Disputes over salary and wages and benefits are “interests” disputes.
Employees would like to receive X amount but management is only willing to pay Y
amount.
A Responsibility is a duty, obligation or burden to act in a particular way. It is usually
coupled as follows: rights and responsibilities. While the right bestows on a person the
power to act in a certain way, the responsibility places a moral restraint on the exercise of
the right within socially accepted parameters.

49. INTEGRITY AND
TRUST
Integrity has been defined as acting within
the confines of ones values and beliefs.
Integrity is often considered to be acting
in accordance with a common standard of
accepted right and wrong.
Trust is the belief in the dependability and
reliability of an individual to maintain
certain standards. Trust may only be
established between individuals, not
between “management” and “unions

50. FREEDOM OF ASSOCIATION
The freedom of association is the most basic of all principles underlying the work
of unions and the ILO, and the activities of those who toil for social justice.
Freedom of Association was established in Jamaica in 1919 in the first Trade Union
Act.
This early act allowed persons to associate for the purpose of negotiating for
better terms and conditions of service.
LRIDA gave workers all rights to associate, to conduct collective bargaining and to
be free from restrictions and threats and punishments for engaging in strikes or
other weapons of the industrial relations arsenal.

51. BARGAINING RIGHTS
This is the right, bestowed by the Minister of Labour on a trade union after it has
been duly elected by the workers as their representative through the union
recognition process, to begin collective bargaining on behalf of its newly acquired
members.
Bargaining rights may also be negotiated voluntarily between a union and
managers of a particular company, but this does not have the weight of law
behind it in that a voluntary agreement may be broken more easily.

52. ROLE OF
UNIONS IN
21ST
CENTURY
Increase the value of the employee to the employer
Increase
Partner in dealing with the challenges of globalization
in the reductions of cost,
Partner in
Ensure the improvement of quality and the discovery
of niche markets for job creation
Ensure
Involve tripartite partnerships between government,
employer organizations and employee groups,
Involve
Adopt a regional approach to facilitate the
implementation of CSME
Adopt

53. LEVELS IN THE
INDUSTRIAL
RELATIONS
SYSTEM
Local
Conciliation – Ministry of Labour
Arbitration – IDT
Court (to some extent)

54. ADVISORY
QUIZ 1 WILL BE ON THIS UNIT

55. LABOUR LAWS
NEXT UNIT