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Question
The story of the criminal prosecution of workers who combined with a view toward improving their condition of employment have been told by several labor historian in the common law world. It suffices to state hear that Caribbean trade unions share a common legal experience with those in the UK. Although there seems to be no reported cases, trade union historians have shown that workmen's combinations were illegal in the Caribbean before the introduction of trade union legislations.
The crime of criminal conspiracy was imported into this area by English judges for the purpose of frustrating collective actions by workers the resort of criminal conspiracy weapon meant two things; firstly, combination by workers to alter their wages was a crime; Secondly, the taking of collective action in the nature of withdrawal of labour similarly a crime. In the Caribbean the crime of conspiracy for collective labour action has been abolished and trade unions are immune from tort actions, but criminal prosecutions were retained for withdrawal of labour in the so-called essential industries. Discuss how the public and private sector collective labour negotiations are similar or differ in respect of the following: -
A. Nature of the Services offered B. The economic considerations C. The arrangements for bargaining D. The legal provisions for industrial action
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