Trade Union Development in Jamaica PART 2Author(s): George EatonSource: Caribbean Quarterly, Vol. 8, No. 2 (June 1962), pp. 69-75Published by: University of the West Indies and Caribbean QuarterlyStable URL: http://www.jstor.org/stable/40652898 .

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Trade Union Development in Jamaica

PART 2

George Eaton*

THE TRADE UNION LAW 1919

It cannot therefore be said that there was any feeling of urgency behind the passage of the Trade Union Law in 1919, and at best we can only surmise as to the reasons for this piece of legislation. Serious labour unrest in the United Kingdom and the United States reports of which were given full coverage in the Jamaica press probably helped to create the climate of reform. t In Great Britain the militant railwaymen and miners threatened through their work stoppage to tie up the economy. In the United States, the steelworkers and miners created a similar situation.

The Trade Union Law was in a way the personal contribution of Sir Leslie Probyn, who by his actions and pronouncements displayed very definite sympathies for the cause of the workers. He was critical of employer reluctance to make concessions except in the face of strike action. On more than one occasion Sir Leslie intervened to recommend the acceptance of Conciliation Boards, but employing interest expressed the fear that these Boards would become the springboard for airing workers' grievances, real and imagined. The strikes in 1918 and 1919 made the Governor and his administration amenable to the suggestion by Bain Alves that trade unions be given legal recognition, and there were influential voices raised in support of the cry of the working people for improvement in wage rates and living conditions. Such a voice was that of the Reverend Ethelred Brown who conducted a series of Sunday lectures at the Oddfellows Hall, 78, King Street, Kingston, in the latter part of 1918 and throughout 1919. In February 1919 he commenced a series with "The Labourers' Challenge to the Church" and at the close of the meeting the names of those willing to become members of a labour union were enrolled. This was followed by an address entitled "Four reasons why wages should be increased immediately."30 These were : -

(1) Because the wages now paid are insufficient to provide the bare necessities of life and so enable the worker to live as a decent human being.

♦This is the second part of Mr. Eaton's article on Trade Union Development in Jamaica. Part I took us up to 1919 with events leading to the passing of the Trade Union Law of that year.

fit is astonishing how extensive was the coverage given by the local press to labour unrest in the " Motherland " and foreign countries such as the United States, Latin America, France and Germany. Local developments were sadly neglected and the researcher is hard put to obtain a clear and coherent picture.

30 Daily Gleaner- February 25, 1919.

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(2) Because on an appreciable increase in the rate of wages largely depends the much needed improvement in our social and moral conditions.

(3) Because it is necessary to remove the present disaffection to stay the growing antagonism between the employers and the employed and in their place to create satisfaction, pleasure and interests, which will eventually mean increased efficiency on the part of the workers and general improvement of the community.

(4) Because an immediate increase in wages will be the only just and effective method of stemming the extraordinary and undesirable but under the circumstances inevitable tide of emigration. (In this last reason Reverend Brown struck a note that evoked general concern.)

In one address, " the duty of the better paid (clerks of Kingston)", Brown referred to the conditions of the labourers as '' beasts of burden, living - nay, existing - as dumb animals without aspirations" and appealed to the better paid to provide leadership for the labour movement.31 Yet another of his addresses was entitled '* Sleeping beside the Volcano " and at the meeting he announced plans to hold mass open air meetings throughout the city for two weeks.

Another public figure - a Mr. W. H. Orrett, an influential correspondent repeatedly wrote in the Daily Gleaner32 suggesting the appointment of a Commission to enquire into the exodus of people from the island and to adjust the needs of capital and labour. Among the wants of capital he listed -

(1) that labour should put forth its notice of any changes in wages, (2) that labour should not be unnecessarily withdrawn.

(He was apparently perturbed about the high propensity to strike). Among the wants of labour on the other hand appeared - . . . .the Trades Disputes Act and the Factory and Workshop Acts .... as obtained in the Motherland today should be introduced here (Jamaica). Orrett subsequently called for economic development to stem the tide of emigration.

THE PROVISIONS OF THE TRADE UNION LAW, 1919

The main objective of the law was indicated in paragraph 2 ... " The purpose of any trade union shall not, by reason merely that they are in restraint of trade, be deemed unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise." The Law provided for compulsory registration of trade unions (by any seven or more members) in consequence of which the union could deal in real and personal property, initiate and defend actions at court, amalgamate, change its name, dissolve or otherwise conduct its affairs. An interesting feature of the law was the

31 Daily Gleaner- Match 7, 1919. 32 Ibid.- February 27, 1919.

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definition of a trade union so as to include employers associations (a combination .... for regulating the relations between .... master and masters. Similarly trade dispute was defined equally broadly. The Law did not, however, release the unions from liability for suits for damages as a result of strikes, nor did it legalize peaceful picketing.

There can be hardly any doubt that these omissions from the law was due to Sir Leslie Probyn's belief that " a big majority of the labourers in Jamaica were not sufficiently acquainted with economic principles which so greatly affect the wage question.0

Notwithstanding the shortcomings of the Trade Union Law of 1919, Jamaican workmen were at least freed from the doctrine of criminal conspiracy, a protection however which trade unionists won for themselves 95 years earlier in England (the Combination Laws Repeal Act, 1824) and 77 years earlier in the United States (Commonwealth v. Hunt, 1842). The way was made clear for union organisation to take place under the protection of the law, but sur- prisingly only one trade union took steps to register to secure recognition under the law and this was not until nearly three years later. The Longshoremen's, Union No. 1 of the Jamaica Federation of Labour was registered on the 14th February, 1922. Article 18, Sections 1 and 2 of the Constitution read - " By a unanimous vote of the officers and members of the Union, Mr. A. Bain Alves, founder, organiser and president of this Union for meritorious work has been made a life member of this Union, to enjoy all the rights and privileges of the Union free of all dues, assessment, &c, whether he elect to remain an active member of the Union or not. 83

Why did not more extensive trade union organisation arise out of the post-war Labour unrest, especially when the Trade Union Law of 1919 afford legal protection from prosecution for criminal conspiracy ? Alves and bis longshoremen offered fairly dynamic leadership during the period of unrest. In June, 1918 he urged striking banana carriers and coal heavers to form their own union and to affiliate it with the Longshoremen's Union No. 1 . Apparently some organisation resulted, for in August of the same year in sending a letter of good wishes to the retiring officer in command of the island's military forces, Alves signed on behalf of the Longshoremen's Union as well as the Banana Carriers, Coal Heavers, and the Match Workers Union.84 Alves pressed claims for wage improvements and in December, 1919 amid a revived spate of strikes the Longshoremen's Union voted for an island -wide strike if their demands were not met within three hours. Two thousand dockers went on strike in Kingston but not before three cheers were given for

" His Excellency the Governor - the workers' friend " (Sir Leslie Probyn). The example set by the

33 Trade Unionism in Jamaica, 1918 to 1946. Issued by the Central Bureau of Statistics, Kingston, Jamaica, Printed by the Government Printer, Kingston, 1946. This very useful booklet on the Trade Union movement in the island was not released for public consumption - apparently for purely political reasons. The pamphlet describee the constitutional provisions, aims and early activities of the Longshoremen's Union No. 1 of the Jamaica Federation of Labour.

34 Daüy Gleaner- June 27, 1918.

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dock workers was followed by Sorters and Carriers at the General Post Office, Tramway workers of the West Indies Electric Company. The press joined in the call for the setting up of Conciliation Boards so ardently espoused by the Governor. In the case of the tramway workers, the Governor suggested that the Company announce the wage increase they were willing to give and arbitrate on a resumption of work. On the 2nd January, 1920 the tramway workers announced they would accept such terms, and it appeared that a mechanism had at last been found through which to channel labour unrest. But on the same day, the Myrtle Bank Hotel, Barmen, Barmaids and Hotel Waiters Union of the Jamaica Federation of Labour (apparently the result of Alves* organisational drives) called out on strike, seventy-six employees of the Hotel. There was mounting tension as the shipping companies and the hotel manage- ment brought in strike-breakers under police protection to break both the longshoremen's and hotel workers' strikes. The Dauy Gleaner became critical editorially of the Jamaica Federation of Labour - " Dockers . . . they were paid three pence an hour some three or four years ago. They were gradually increased to six pence an hour, that being the average rate of remuneration for some months last year. They struck the other day, not stating just what they wanted. Then they said tbey must have a shilling an hour. A day or so later they declared they must have two shillings an hour and a dollar (four shillings W.I.) an hour overtime; and then something calling itself the Jamaica Federation of Labour issues a mandate to all Longshoremen in Jamaica - most of whom have been quietly going on with their work - to quit forthwith unless paid the new rate which is now demanded. What are we to say to all this ? This thing sounds like pure madness . . . Then there is the strike of the hotel waiters and other employees. Here again we see tbe hand of the Jamaica Federation of Labour Wages are immediately to increase over 100 per cent, all around, two shillings an hour overtime shall be paid to every member of a hotel staff after eight o'clock at night no matter apparently what may be tbe workers' status or capacity; and if any member of the staff does anything that he should not do, his delinquency will be dealt with by a special committee of the workers and both the management and the delinquent member shall have the right to appeal to the union . . . and what is this Jamaica Federation of Labour anyhow? We bear that "it is connected with some organisations in America, (and) in Canada/'35

FIKST CONCILIATION BOAED

The tramway employees having accepted the Governor's call to arbitration submitted to the Honourable Colonial Secretary in letter dated January 5, 1920 the names of their representatives - J. M. Nethersole, Rev. C. A. Wilson (Officer of the Jamaica League), Rev. A. A. Barclay, Mr. U. Theo McKay, Dr. R. M. Stimpson, Mr. James Daley, J.P., Mr. J. H. Williams, j.p., and Mr. H. Gordon Tennant, j.p.

35 Daily Gleaner - February 2, 1920.

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On the 15th January, 1920 the first meeting of the Conciliation Board was held. The sub-committee named by the Governor comprised Hon. T. C. Roxborough, c.m.g., Chairman, Messrs. R. S. Gamble and J. C. Farquharson representing the Company and Rev. A. A. Barclay and J. M. Nethersole (Solicitor) for the employees. At the second sitting of the Board, lie wie Ashenheim of Messrs. Milholland, Ashenheim and Stone, Solicitors, appeared to represent the motormen and conductors. He argued that the question for the Board to decide was whether the men were getting a living wage and not whether the Company's earnings were sufficiently high. On the 22nd January the Board recommended two pence to three pence per hour extra according to length of service.

16 years and over ... ... ...3 pence 5-10 years ... ... ... ...2^ pence Under 5 years ... ... ... ...2 pence

The Board also recommended in principle the payment for holidays but left this for arrangement between the Company and men.80

Not only was there then a good deal of labour agitation, but an attempt was made very successfully at that to establish some formal machinery for the resolution of labour disputes without the inevitable stoppage of woik. Very little emerged however, from the labour unrest organisationally and in answer to our question posed earlier as to why trade unions did not take root in this period, we will discuss but two of many factors.

Firstly, with the exception of Alves who was a skilled cigar maker, there were very few other leaders from the ranks of skilled workers themselves. Secondly, it would appear that the persons with influence and prestige who were sympathetic to the needs of labour and acted as their spokesmen saw no reason why the interests of labour could not be pursued within the framework of already existing organisation such as the Jamaica League.

THE JAMAICA LEAGUE

Very often meetings of workmen and their sympathizers called together for the purpose of forming labour organisations ended up with the establishment of a branch of the Jamaica League. As a case in point, this was the end product of the series of meetings and addresses given by the Rev. Ethelred Brown. Out of what should have been the inaugural meeting of his Labour Reform Association to spearhead trade union organisation came the Kingston Branch of the Jamaica League. Other public figures present argued that it would be better to strengthen existing organisations rather than dissipate energies in new ones.87

The Reverend Ethelred Brown who appears to have been an Assistant Secretary of the League, set out at a meeting the aims of the organisation,

(a) to promote patriotic sentiments and mutual interest;

36 Daily Gleaner- 15th, 16th, and 22nd January, 1920. 37 Daily Gleaner- March 17, 1919.

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(b) to encourage unity of aim and effort among all sections of the community;

(c) to stimulate and foster individual and co-operative ventures tending to the intellectual, economic, social and moral improvement of the people of the island.

The League appears to have been a very powerful and influential organisa- tion. It extended throughout the island forming branches in the country towns, in many instances in the wake of labour disturbances. Their President throughout 1918-1919 was a Mr. J. T. Palache a member of the Legislative Council who evidently also enjoyed the reputation of a political economist. But although the Jamaica League sponsored a Labour Conference in 1918 and resolved to launch an island-wide labour union, its membership comprised employer interests as well as other groups of citizens. By far the greater part of its energy and publicity went into fighting for a more liberal income tax law. Because of the breadth of its activities and the heterogeneity of its following, the League may unwittingly have contributed to stifling the organisation of labour unions to represent more narrowly the interests of wage earners.

ASSESSMENT OF THE PERIOD 1834-1920

Beginning with the closing years of the 19th century, there were sporadic attempts to form and keep alive craft organisations. The craft movement failed because there was little scope for skilled craftsmen in an essentially agricultural economy with very little industrial activity. Although the number of craftsmen was small the supply seems to have been greater than the demand for their services. Faced with depressed economic conditions, these skilled turned to emigration to seek their livelihood elsewhere. In the early decades of the 20th century attempts at organisation by unskilled workers primarily stevedores or longshoremen proved more fruitful. However, with unemploy- ment so rampant, workers could not enforce demands except by widespread withdrawal of labour (requiring some organisation) and a willingness of the unemployed to respect the cause. It was, however relatively easy for employers to replace striking workers. Enactment of the Trade Union Law did not provide an impetus to organisation for it is true to say that the legislation was not in response to urgent worker agitation but was endowed by a colonial administration. The failure of the law to provide protection for trade unions against actions for damages was not a handicap to the development of such organisations because it was not necessary for vested interests to seek the assistance of the courts when existing organisations were still ephemeral or insubstantial. Another feature of the law, the compulsory registration of trade unions, which has been retained in later legislation, could also be criticized from the point of view of being undemocratic as well as having anon- salutary effect on trade union mentality. Lord Passfield (Sydney Webb) had this to say in the issue in 1930, " I recognize that there is a danger that,

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without sympathetic supervision and guidance organisations of labourers without experience of combination for an}' social or economic purpose may fall under the domination of disaffected persons, by whom their activities may be diverted to improper and mischievous ends."38 On the other hand it may also be pointed out that the effect of compulsory registration may be to identify registration with recognition . This may lead to an emphasis on rights on the part of trade union members, often overlooking the accompanying responsibilities.

The significant feature of worker agitation which emerges in reviewing the eighty-seven year period, since 1834, is the use of the strike as a medium of protest. We have shown that as early as 1863 work stoppages were used as the normal means of bringing to management's attention that a grievance existed and really represented a failure of communication between the parties. The strike instead of being the ultimate sanction to be employed in enforcing a settlement of a dispute, preceded even the formulation of demands, to say nothing of collective bargaining. The withdrawal of labour or refusal to work represented therefore a desire on the part of the down-trodden, largely illiterate and inarticulate, to assert their collective personality. This inclination to strike first and make demands after, is still a significant feature of labour relations in Jamaica and poses serious problems (of rank and file control) for leaders who negotiate and sign collective agreements in good faith only to observe them frequently breached without warning or resort to the grievance procedure. Increasingly, however, there should be less reliance on the strike as a medium of protest and an avenue of self-assertion as workers realise that the political, economic and social changes, which have taken place since 1938, have given them unquestionable rights in society.

38 Walter Bowen - Colonial Trade Unions - A Fabian Colonial Bureau Pamphlet, Research Series No. 167. p. 4.

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