"Enclosure 2 in circular despatch of the 20th August, 1938.
28
TRINIDAD AND TOBAGO.
Published as a Supplement to the "Royal Gazette" issued on the 12th day of May, 1938.]
No. 7-1938
AN ORDINANCE to provide for the establishment of an Arbitration Tribunal and a Board of Inquiry in connection with Trade Disputes, and to make provision for the settlement of such disputes, and for the purpose of inquiring into economic and industrial conditions in the Colony.
Be it enacted by the Governor of Trinidad and Tobago with the advice and consent of the Legislative Council thereof as follows:-
Short title.
1. This Ordinance may be cited as the Trade Disputes (Arbitration and Inquiry) Ordinance, 1938.
Definitions.
2.-(1) For the purposes of this Ordinance-
66
The expression "trade dispute" means any dispute or difference between employers and workmen, or between workmen and workmen, con- nected with the employment or non-employment, or the terms of the employment, or with the conditions of labour, of any person. The expression workman means any person who has entered into or works under a contract with an employer whether the contract be by way of manual labour, clerical work, or otherwise, be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour.
Application of Ordinance to the Crown.
(2) This Ordinance shall not apply to persons in the naval, military, or air services of the Crown, or to the Police Force, but otherwise shall apply to workmen employed by or under the Crown in the same manner as if they were employed by or under a private person.
Trade disputes may be reported to the Governor.
3.-(1) Any trade dispute as defined by this Ordinance, whether existing or apprehended, may be reported to the Governor by or on behalf of either of the parties to the dispute, and the Governor shall thereupon take the matter into his consideration and take such steps as seem to him expedient for promoting a settlement thereof.
Reference of disputes to arbitration tribunal and constitution of the tribunal.
(2) Where a trade dispute exists or is apprehended, the Governor may, subject as hereinafter provided, if he thinks fit and if both parties consent, refer the matter for settlement to an Arbitration Tribunal constituted of either :-
(a) a sole arbitrator appointed by the Governor; or
(b) an arbitrator appointed by the Governor, assisted by one or more assessors nominated by or on behalf of the employers concerned and an equal number of assessors nominated by or on behalf of the workmen concerned, all of whom shall be appointed by the Governor : Provided that the award shall be made and issued by the arbitrator only; or