Section 1 - Chapter 3
Union facilities, activities and dues

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3.1. Consultation between the Employer and the Union(s).

The Employers project the relationship with the Union(s) as a partnership in order to achieve the common interests of Employees and Employers, both at the Collective Labor Agreement level and at the local, organizational level.

For this reason, the CLA Parties have agreed to consult with each other at least once a year. The procedure for holding consultations between the Parties is laid down in a Consultation Protocol.

In urgent cases, both the Employer and the Union may request a special meeting specifying the matter to be discussed. A consultation between the Parties may also be ordered if the BES Islands Consumer Price Index (CPI) is set above 3.50% in any Calendar Year during the term of this Collective Labor Agreement.

The CLA Parties make every effort to do the best they can and with good will.

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3.2. Local consultation

At the local level, the Employer shall draw up a protocol with the relevant Union which, among other things, provides for the number of periodic meetings and the agenda.

These meetings discuss those topics that are relevant to the Employees from an operational and/or strategic perspective. These discussions are held on the basis of a fixed agenda and take place at least twice a year.

Where there is no local consultation with a Union, the Employer shall provide a policy and protocol that allows the Employees to share regularly important issues with the Employer and allows the Employer to seek advice on important decisions from the Employees.

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3.3. Disputes

With respect to a dispute arising between them, the parties are obliged to pursue an amicable solution by conducting amicable consultations applying the following steps.

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3.3.1. Request for a review

A party which, as a result of any fact or circumstance, assesses that the other party has not properly interpreted or applied this agreement or has not complied with it, shall request the other party, in writing, to review the interpretation or application or to comply with the provisions of the agreement, stating the considerations on which its assessment is based.

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3.3.2. Amicable consultation

If a dispute arises regarding the interpretation or application of this Agreement or the fact that it has not been complied with, and a request for review has not promptly settled the dispute, the parties to the dispute shall seek an amicable solution through amicable negotiation. The parties shall refrain from collective actions, strikes or lockouts as long as negotiations are ongoing between the parties and the circumstances give reasonable cause to conclude that such negotiations may lead to a settlement of the dispute.

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3.3.3. Interpretation Committee

If the dispute is related to the manner of interpretation of this Agreement, the parties to the dispute shall submit a written request to the Interpretation Committee for further interpretation of the provision in question in accordance with Article 4B of this Agreement. Pending the ruling of the Interpretation Committee, the parties shall refrain from collective action, strikes and/or lockouts.

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3.3.4. Mediation

If the circumstances give reasonable cause to infer that the completion of steps (1) - (3) above has not led or will not lead to a settlement of the dispute, and the dispute is about to give rise to collective action, strikes or lockouts, the intervention of the Government Mediator (and or other mediator at the choice of all parties involved in the dispute) shall be promptly invoked by the parties to the dispute, which request for mediation shall be promptly confirmed in writing by the other parties involved in the dispute. The parties will refrain from collective action, strikes or lockouts while mediation is ongoing.

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3.3.5. Right

If within one month after the dispute has been brought to the other party in the described manner and the above steps have been fully completed, no amicable settlement has been reached, the parties shall be free to submit their dispute to an independent court.

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3.4. Union Facilities

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3.4.1. Union dues

The Employee may authorize the Employer in writing to withhold and remit membership dues from and to the Union. Termination of membership and consequently membership dues must also be made by the Employee in writing to both the Employer and the Union. The Employee is responsible for observing the agreements made with the Union.

The Employer will execute such authorizations during the term of this Collective Labor Agreement. An authorization will not be executed retroactively.

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3.4.2. Unions facilities

Each Employer may make arrangements with the relevant Union(s) for further facilities and support for the purpose of performance of work within the organization.

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3.4.3. Special leave associated with Union membership

If employment permits, which is at the discretion of the Employer, special leave will, in consultation with the Union, be given to:

a. Union board members (7 members maximum) or delegates to attend Union congresses and/or study days and for work on behalf of the Union, up to a 80 hours per year maximum;

b. one board member, other than the President, to hold consultation hours for the purpose of the members of the Union, up to 2 hours per week maximum according to a schedule to be submitted by the Union monthly in advance;

to the extent that the Employee meets the requirements set forth for the relevant leave.