MEMORANDUM OF UNDERSTANDING
between
GOVERNMENT OF JAMAICA
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NATIONAL WATER COMMISSION
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Bustamante Industrial Trade Union
Executive Staff Association
Jamaica Association of Local Government Officers
Jamaica Union of Public Officers and Public Employees
National Workers= Union
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) dated the 25th day of January 1999 is arrived at BETWEEN the Government of Jamaica (hereinafter called "the Government") of the FISRT PART, the National Water Commission (hereinafter called "the Commission") of the SECOND PART, the Bustamante Industrial Trade Union (BITU), the Jamaica Association of Local Government Officers (JALGO), the National Workers Union (NWU), the Jamaica Union of Public Officers and Public Employees (JUPOPE) and the Executive Staff Association (ESA) (hereafter referred to collectively as "The Unions") of the THIRD PART.
PREAMBLE
WHEREAS the parties to this MOU recognize the need to chart a new course of co-operation in the achievement of common objectives in enhancing the welfare and quality of life of the Commission;
AND WHEREAS the parties recognize the need to develop and maintain among themselves a satisfactory level of trust and confidence;
AND WHEREAS the parties are fully committed to jointly pursue strategies designed to achieve a fundamental transformation in promoting, maintaining and enhancing the Human Resource Development/Industrial Relations practices.
AND WHEREAS the parties are fully committed to design and implement such strategies as will enhance the viability and profitability of the Commission.
OBJECTIVES OF THE MEMORANDUM OF 'NNDERSTANDING
To develop and maintain a mutual gain-approach toward:
A. promoting, enhancing and maintaining a conducive Industrial Relations climate;
B. strategies to secure and maintain the viability and profitability of the company;
C. Recognizing the rights and privileges of the employees and that of the Commission.
D. Improving its customer service relationship by adding value and efficiency to the quality of service given in order to accommodate customer needs, concerns and involvement in some aspects of the decision-making process.
E. Developing and maintaining strategies designed to upgrade the competency of the work force in order to enhance productivity and efficiency, reduce unaccounted for water and to become internationally competitive in our ability to produce and distribute potable water.
DATE OF COMMENCEMENT
It is a condition precedent to the coming into effect of this Memorandum of Understanding that same shall first be signed by all parties named herein and shall have an effective date of commencement of the 25th January 1999.
NOW THIS MEMORANDUM OF UNDERSTANDING WITNESSETH the following terms, conditions and covenants which shall constitute agreement in good faith and shall not be deemed legally binding
1. THE COMMISSION
Pursuant to the foregoing, the Commission, in good faith, will:
1.1 Develop and implement, in consultation with the Unions, an effective Performance Management and Incentive Programme for its employees within twelve (12) months.
1.2 Ratify and implement the Personnel Policies Procedures Manual within 90 days from signing of this MOU.
1.3 Enhance its training programmes with a view to developing its employees' competence in order to increase their efficiency and promotability, which will add value to the Commission.
1.4 Invest in, and maintain a conducive working environment to enhance productivity and well being of labour.
1.5 Develop and implement supportive strategies to improve and maintain its plants and equipment, and operations and processes with a view of ensuring its viability and improved customers' satisfaction.
1.6 Be committed to transparency, timely information sharing in keeping the unions aware of problems, changes and development regarding its financial status, use of funds, corporate services and operations.
1.7 Be committed to the timely and accurate dissemination of information to customers.
1.8 Commit to formulating a Collective Labour Agreement, which will incorporate the several Heads of Agreements, signed with the unions.
1.9 Operate in a transparent manner and in so doing will collaborate and involve workers in operational decisions and extend the involvement of the union representatives in matters relating to organizational structures and efficiency.
1.10 Establish a forum in all Regions and Districts, as well as at the corporate level, through which these consultations and involvement will be made possible.
1.11 Put in place policies and practices aimed at ensuring the upward mobility of employees by giving priority to existing suitable employees in the filling of vacancies. Where it becomes necessary to fill vacancies outside of the Commission, training will be done for such competencies so that in the future they can be filled internally.
1.12 Improve its Community Relations Programme and to work towards total worker involvement in such programmes.
1.13 Support programmes for gains-sharing schemes in which any gains it makes will be shared with the workers.
2. THE UNIONS
The Unions, in good faith, will:
2.1 Facilitate the training of their Delegates in Industrial Relations and other Human Resource principles and practices.
2.2 Foster and maintain a harmonious Industrial Relations climate at the Commission.
2.3 Submit claims for increased wages and improved conditions of employment no later than four (4) months prior to the expiration date of the respective contract.
2.4 Participate in the development and commit to the implementation of strategic plans of the Commission.
2.5 Support, as well as urge their members to be committed toward the objectives of the MOU.
2~6 Commit to support programmes aimed at achieving efficiency in the operations of the Commission.
2.7 Commit to support performance incentive systems, which will include schemes for the payment of biennial incentives.
2.7 Support programmes for gains-sharing schemes in which any gains made by the company will be shared with the workers.
3. THE GOVERNMENT
Government, in good faith will:
3.1 Continue to pursue macro-economic policies and strategies, which will produce growth, stability and low inflation rates in the economy.
3.2 Commit to the continued involvement of the commission in the operation and management of water and sewage systems in Jamaica.
3.3 Agree to the release of lands for developing housing schemes for NWC workers.
3.4 Agree to use its best efforts to expeditiously implement an agreement for all permanently employed workers to be made pensionable within 18 months. However, a submission will be made to Cabinet within two months for an interim plan.
3.5 Support an efficient industrial disputes resolution process involving "inter alia" early submission of claims, focused negotiations and settlement of disputes within the shortest possible time while recognizing the national interest, existing laws and codes as well as established grievance procedures.
4. ALL PARTIES
All Parties, in good faith, will:
4.1 Address issues relating to the welfare of the employees.
4.2 Support the efforts of joint committees towards the achievement of specified objectives.
4.3 Agree to co-operate in ensuring financial stability and profitability of the Commission in particular, with a view to reducing cost and increasing revenue base.
4.4 Agree to honour the expressed and implied intention of this Understanding although terms are not legally binding.
4.5 Agree to review the matters covered in this MOU as may become necessary from time-to-time.
Share the responsibility of sensitizing employees of:
- The relationship between salary/wage and productivity/performance.
- The importance of the achievement of organizational objectives.
4.6 Support an Industrial Relations process, which involves the settlement of disputes and grievances within the shortest possible time subject to existing Laws and Code, as well as the established Grievance Procedure, early submission of claims and the completion of negotiations.
4.7 Negotiate future wages on the basis of consumer price index, market rates, ability to pay and productivity trend.
4.8 Affirm their commitments to achieving cost containment, information sharing, increased productivity, improved efficiency, involvement of employees and their representatives in the development of the commission.
4.9 Ensure that this MOU is monitored by a Review Committee comprising representatives of all three (3) parties, which shall meet on periodic dates as agreed from time to time. Disputes or differences of opinion relating to the terms of this Memorandum shall be resolved by a process of dialogue among the parties, who shall be obliged to examine the issues, deliberate and assess the situation and determine appropriate solutions.
IN WITNESS WHEREOF
the parties have affixed their respective signatures andseals the day and date hereinbefore first mentioned.
Signed for and on behalf of
THE NATIONAL WATER
COMMISSION by PETER
BUNTING, CHAIRMAN
in the presence of:
Signed for and on behalf of
THE MINISTRY OF WATER
by HON. DR. KARL BLYTHE, MINISTER
in the presence of:
Signed for and on behalf of
THE BUSTAMANTE INDUSTRIAL TRADE UNION by
in the presence. of:
Signed for and on behalf of
THE JAMAICA ASSOCIATION OF
LOCAL GOVERNMENT OFFICERS
in the presence of:
Signed for and on behalf of
THE NATIONAL WORKERS= UNION
in the presence of:
Signed for and on behalf of
JAMAICA UNION OF PUBLIC
OFFICERS AND PUBLIC
EMPLOYEES
in the presence of:
Signed for and on behalf of
EXECUTIVE STAFF
ASSOCIATION
in the presence. of: