Source: Stabroek News

ST JOHN’S, Antigua, CMC – A three-man mediation team from the International Cricket Council will take part in negotiations between the West Indies Cricket Board and players’ union, WIPA, in an effort to settle the protracted dispute over a revised Collective Bargaining Agreement.

Dave Richardson, the General Manager-Cricket will join acting Head of Legal, Iain Higgins, and the Federation of International Cricketers Association chief executive, Tim May in a three-day meeting scheduled to start in Barbados on Monday.

South African Richardson is set to replace Haroon Lorgat as CEO of the ICC next month.

Negotiations between the WICB and WIPA over the last year have been contentious and proven futile in brokering an agreement but a joint statement from both entities late Friday said the latest meeting was “in a bid to chart a positive way forward for what has been a difficult issue to resolve.”

“The joint mediation team has established guidelines for the process, one of which is strict confidentiality, and both the WICB and WIPA have agreed to adhere to those guidelines,” the statement added.

CMC Sports understands that the WICB’s team will comprise CEO Ernest Hilaire and the Board’s legal officer Alanna Medford while WIPA’s delegation will comprise director Michael Hall, lead negotiator Dave Kissoon and ex-WIPA chief Dinanath Ramnarine.

The Collective Bargaining Agreement and Memorandum of Understanding between the WICB and WIPA governs players’ rights and was first signed six years ago between former WICB president Ken Gordon and Ramnarine.

Attempts to broker a new deal recently ended before the Trinidad and Tobago High Court earlier this year, with the judge ruling that the CBA would remain intact until a new agreement was brokered.

Article six of the CBA says present agreements must remain in full force until a revised CBA and MOU has been signed by both parties.

Source: Kaieteur News

The present Collective Bargaining Agreement (CBA) and Memorandum of Understanding (“MOU”) (the “Agreements”) between the West Indies Players’ Association (WIPA) and the West Indies Cricket Board (WICB) will remain in force until the dispute between the two parties is decided in the High Court of Trinidad and Tobago at a future date.

Until then, Justice Ricky Rahim, has granted a final mandatory injunction forcing the WICB to treat the Agreements as being in full force and effect.

The judge made it clear that the WICB would be held in contempt of court if it breaches the court order. Until then, the Agreements will continue to protect the rights of the players. The Agreements, and other documents safeguarding the rights of the players, came into effect on September 1, 2005 with the provision that they could only be changed or replaced with the agreement of both parties. If not, they would continue in force.
In 2008, the Agreements rolled over. However, last year the WICB signaled its intention to unilaterally terminate the Agreements. The WICB position was that a termination provision can be implied in the Agreements even though none is specifically stated.

WIPA objected to this and in reply stated that not only did the parties intentionally omit a unilateral termination clause, but that the agreement mandated the parties to negotiate and come to new agreement themselves, roll over the Agreements for another three years, or that a new agreement be formed by a third party pursuant to a dispute resolution clause. The Agreements were not registered in Industrial Court.

Despite repeated requests by WIPA’s lead negotiator, Dave Kissoon, the WICB refused to withdraw its notice of termination, forcing WIPA to go to court on November 30, last. WIPA’s legal team was led by Mr. Kissoon of Cozen O’Connor, with Ms. Sushilla Jadoonanan as instructing attorney. The WICB was represented by Christopher Hamel-Smith, S.C., Luke Hamel-Smith and Catherine Ramnarine.

After arguments on November 30 by both sides, Justice Rahim granted an injunction, and scheduled the matter for oral submissions on December 8, last. The hearing continued on January 19 for further oral submissions and again yesterday.

During this entire period WIPA tried to persuade the WICB to withdraw its termination notice, but the WICB remained steadfast in its refusal.

Commenting on the judgment, WIPA’s President and Chief Executive Officer, Dinanath Ramnarine, said, “Justice Rahim’s decision in the matter ensures that the WICB cannot continue to trample upon or violate the rights of the players until the matter is thoroughly ventilated in the High Court.

“In the meantime the WICB is debarred by law from pursuing its path of willful and wanton disregard for the rights of cricketers.”

Ramnarine, in congratulating Mr. Kissoon and his legal team, made it clear what the victory means to the players. “We are elated that the CBA and MOU for which we fought and which is vital to keeping the playing field level will continue to be in force.
“We are very clear what the intention was when we agreed to it and are confident that our struggle has been vindicated.”

“It is a real shame that the WICB under this present leadership is allowed to spend significant sums in legal fees in the courts to take away the basic rights of the cricketers while the game continues to suffer”.

Ramnarine added, “We are always willing to work with the WICB on a new agreement but it cannot be to the detriment of the players or the game itself. The very tenets of the agreements require the highest standards of accountability and transparency as well as the protection of the rights of the players.

“WIPA remains hopeful that this decision will help the negotiation process and bring the WICB back to the table, all in the best interest of West Indies cricket.”

Source: Trinidad and Tobago Guardian

Guyana will take part in the regional T20 cricket tournament after all as pressure from the West Indies Players Association (WIPA) forced the West Indies Cricket Board (WICB) to change their minds yesterday. However, the WICB sent out a press release stating: “The Guyana Cricket Board, this morning, advised the West Indies Cricket Board that, despite its offices remaining locked by the Government of Guyana, it has managed to make some progress in being able to provide a Guyana team for the Caribbean Twenty20 2012 Tournament. “As a result of gains made, the GCB sought additional assistance from the WICB to ensure that the Guyana team participates in the Caribbean Twenty20 and the WICB has willingly agreed to provide the assistance as requested by the GCB.”

The Guyana team, as sanctioned, selected and provided by the GCB, will depart Guyana today and will play the feature match against the Leeward Islands on the opening day on Monday January 9. The GCB had, on Wednesday, advised the WICB that it was not in a position to provide a Guyana team for the Caribbean Twenty20 as a result of logistical and administrative challenges imposed upon it by the Government of Guyana. The release continued: “The WICB is delighted that the GCB, against considerable odds, and despite the Government of Guyana’s refusal to unlock its offices, has been able to make significant steps towards being able to provide the Guyana team.” However it is understood WICB’s lawyers, Luke Hamelsmith and Christopher Hamelsmith filed emergency papers Thursday asking Judge Rahim to clarify whether they would be in contempt of court if they were to proceed to host the T20 tournament without agreement with WIPA, including the exclusion of Guyana.

WIPA’s team lead by Dinanath Ramnarine and heavy hitting lawyer Dave Kissoon, and instructed by Ms Sushilla Jadoonanan, Esq. immediately opposed the WICB application. Justice Rahim granted WIPA until 4pm yesterday to file documents in opposition for a hearing today at 10.30 am. After numerous requests from WIPA to the WICB to confirm that Guyana would participate as previously agreed between WIPA and the WICB, WIPA threatened WICB to seek injunctive relief stopping the tournament. Specifically, WIPA wrote a letter to the WICB stating they would seek court intervention if the WICB did not confirm by 2 pm yesterday that the Guyana team would participate. As a result of immense pressure put on the WICB by WIPA, the WICB wrote to WIPA saying that the Guyana team has been included and asked WIPA to give an undertaking that they will not seek any injunctive relief on the tournament. WIPA has advised the WICB that it will not seek injunctive relief in light of the fact that the Guyana team has been included but reserved its rights on taking any action arising out of any other breaches of the agreement that the WICB may have committed. The development came less than 24 hours after the WICB announced they were replacing the Guyanese side with a West Indies B-Team in the tournament which will be jointly staged in Antigua and Barbados.

Source: Jamaica Gleaner

The West Indies Players Association (WIPA) has appointed directors Dave Kissoon and Michael Hall to lead its negotiations with the West Indies Cricket Board (WICB) to revise the existing Collective Bargaining Agreement (CBA).

The current CBA, which regularises the relationship between WIPA and the WICB, expires in September, and the two sides begin negotiations today in the Trinidad & Tobago capital aimed at making revisions to the existing document.

“We want to aid the negotiation process and foster free discourse among the parties,” said WIPA executive president Dinanath Ramnarine in a release.

“This way, there can be no doubt at all about the constructive approach we intend to use, and the positive spirit which we will take to the negotiations.”

He said: “We have appointed two independent and impartial leaders in Caribbean dispute resolution to head our team – Dave Kissoon and Michael Hall.

“We have done so with the hope that the WICB will also reciprocate, and remove any existing barriers to successful negotiations.”

The decision to appoint Kissoon and Hall to lead WIPA’s negotiating team came against the backdrop of a letter from WICB corporate secretary Stephen Camacho in June.

Writing on behalf of the governing body, Camacho requested an apology from Ramnarine for his conduct during a meeting that same month with chief executive officer Ernest Hilaire, or alternative representatives at meetings between the two organisations.

“I am the institutional memory of WIPA,” said Ramnarine. “Up to this point, I have been involved in every major negotiation, mediation, and arbitration between WIPA and the WICB.

“I, however, cannot lead while simultaneously trying to recall important events or key documents that would help the entire team effort.”

He added: “I want to be free to focus on the flow of the negotiations, and while I will influence the process, I want it to proceed in a way that makes it clear that we want an outcome that will be in the best interests of West Indies cricket.”

Kissoon is an attorney and partner at the law firm Cozen O’Connor while Hall is a former chief cricket operations officer of the WICB.