Blame WICB foot-dragging for latest dispute

Thu, Apr 26, '07

commentary by RYAN PATRICK

West Indies cricket fans sickened by the last-minute nature of negotiations between the WICB and WIPA should vent their frustrations squarely at Ken Gordon and Tony Deyal, the two key decision-makers at the West Indies Cricket Board.

According to correspondence I've seen -- documents that have been circulated to several WICB directors -- WIPA has been pleading for the board to come to the negotiation table since January 2007. Yet, despite a request in March by Ken Gordon for Deyal to be "punctilious" in observing the letter and spirit of agreements with WIPA, the board did not even reply to WIPA until two weeks ago.

This dispute, which centers around whether the upcoming tour of England falls within the ICC's Future Tours Programme (FTP), could have been sent to arbitration and cleared up many months ago if only the WICB saw the value in getting it settled in a timely manner.

As you can see from the letters below, the board first agreed that the tour falls outside the FTP (and requires WIPA approval) but then changed that position, leading to the situation today.

First up, there's WIPA's January letter to the WICB, which includes the following:

i) WIPA proposes to meet with the WICB on Thursday 18th and 19th January on the ensuing series which are outside the FTP (WC 2007, England tour and any other proposals from the WICB)

We acknowledge receipt of your letter of January 11, 2007, on the subject of the India ODI Tour and note your position. We commend you on the decision you have taken and are glad that the players understand the importance of the tour as a critical component of the build up to our bid to win the World Cup.

While the WICB does not agree with some of the assumptions made in your letter, and does not concede that there has been any material breach, we agree with the need for both parties to adhere to, and work within, the specific conditions of the Memorandum of Understanding. We also note the points made regarding future tours and to this end we are fully prepared to meet with WIPA on the proposed dates of January 18-19, 2007 at the President’s Office in Port of Spain, to discuss the World Cup and Tour of England. We suggest that a specific time be agreed by Tuesday, January 16, 2007.

The Match Tour contracts will be prepared for signature by the players and we will now put in place the necessary arrangements for the Tour.

We genuinely appreciate that we have come to an accommodation in the best interests of West Indies Cricket.

Please refer to previous correspondence on the subject above, ending with the WICB's e-mail of February 27, 2007.

We look forward to early discussions with the WICB to seek agreement, including terms and conditions for players’ participation, on the proposed Four-Nation 20/20 series in Toronto from August 30 to September 2nd, 2007.

We wish to underscore, as we have indicated in previous correspondence, that agreement related to matches outside the FTP, must be reached at least one month prior to the commencement of the tournament.

As you are aware, the satisfactory conclusion of this agreement for a tournament which is outside the FTP, requires the prior concurrence of both WICB and WIPA. This is in accordance with the Memorandum of Understanding signed between both our organizations.

I would like reassure you that WIPA is committed to the consultation process with the WICB regarding its own proposed 20/20 series.

There is another matter that, I think, we must now address as a matter of urgency. Both WICB and WIPA are yet to commence negotiations and reach agreement on the scheduled tour to England, even though we at WIPA have been continually reminding the WICB (since September 2006 through various correspondence) of the need for early settlement. This is yet another reminder!

As you are aware, this series in England is also outside the FTP, and therefore an agreement must also be concluded, at least, one (1) month before the tour is started. In this regard, I would like to suggest that we meet on Thursday, 14th March 2007 in Trinidad to settle on the terms and conditions for players’ participation for this tour.

Dear Tony

I will be returning to Jamaica on Saturday for the Opening of the World Cup and a number of various things and will thereafter keep in touch as I move through the various games.

Meanwhile, I attach a letter received today from the President of WIPA which is self explanatory. Because of what has transpired in the past it is most important that we be punctilious in observing not only the letter of our agreement with WIPA but the spirit of our agreement.

May I therefore ask you to pursue these matters with urgency and keep me abreast of any difficulties which may arise?

By copy I am thanking Mr. Ramnarine for his letter of March 6th and advising him that he will hear from you shortly.

Regards,
K. Gordon

It is with much reluctance but with great concern and disappointment that I raise once more with you the matter of the still-to-be completed negotiations for the impending tour to the United Kingdom of the West Indies cricket team. As you are aware, the team is scheduled to depart for this tour immediately after the completion of Cricket World Cup 2007. Both our organizations had agreed that all negotiations must be satisfactorily completed, at least, one (1) month before the commencement of a tour or series.

You will recall my letter of March 6, 2007 in which I underscored the urgency and importance of the satisfactory conclusion of these negotiations in good time to avoid a recurrence of a last-minute resolution which, regretfully, has been the bane of previous ones. I thank you for the quick response conveyed in the copy of your letter of March 8, 2007 to me in which you requested the Corporate Services Manager of the Board to pursue the matter of the negotiations “with urgency” and to “be punctilious in observing not only the letter of our agreement with WIPA but the spirit of our agreement”. The fact that I am writing you again with you through this letter shows that we have not yet been contacted by him or any member of the Board’s negotiating team. This is not a satisfactory situation!

The West Indies Cricket Board has been sensitized by the West Indies Players’ Association about this matter since September last year through several written and oral communication. I, myself, took the opportunity to remind you of this matter a week ago in Antigua. You made it quite clear to me that someone from the Board will contact me the next day. This contact from the Board is still to be materialized!

This lack of urgency on the part of the Board and the ensuing ambivalence do little, as you will appreciate, to inspire the players with confidence, undermine the trust between our organizations and are a public relations nightmare for cricket in the region.

While the Cricket World Cup 2007 is currently taking place in the region, this is not sufficient reason to be adduced for not pursuing the negotiations for the forthcoming tour to the United Kingdom. I regret to inform you that the impression is being conveyed that the Board is deliberately stalling to frustrate the negotiating process. The current scenario in West Indies cricket does not leave us with the luxury of time to be dilatory in our decision-making and action. Continuing indecisiveness weakens the morale of the players and militates against their best efforts on the field of play.

I look forward to the immediate commencement of negotiations for the satisfactory conclusion of the negotiations well in advance of the start of the tour to the United Kingdom.

I would like to refer to previous correspondence as far back as September 2006 on the subject above, ending with my letter of April 2, 2007. I regret again to inform you that the Board has not seen it appropriate to provide a response to this letter.

I have been reliably informed that the Board is deliberately employing dilatory tactics to frustrate the successful resolution of this matter. To this end, it is our understanding that the Board plans to relegate discussions on the core issues of interpretation of our agreements and financial matters to the eleventh hour as was done in the DLF Cup, ICC Champions Trophy (2006), the India ODI series (Jan. 2007) and the 2007 World Cup.

Given our past negotiating experiences stated above with the Board with its penchant for waiting on the ‘last minute’ to deal with crucial issues that require resolution before the beginning of any series/tour, we at WIPA have little choice but to ascribe some merit to what our source has revealed.

The consequences of such a lingering approach do not, I reiterate, guarantee a satisfactory and timely conclusion of the matter. Neither will mutual trust be inspired nor public confidence restored. Furthermore, WIPA wishes to make it clear that it cannot be held responsible for any failure to reach an agreement prior to the commencement of the tour.

I await your reply to this and previous correspondence on the subject above.

Please refer to previous correspondence on the subject above, ending with my letter of April 10, 2007.

As you are quite aware, the tour to England in the next few weeks is outside the Future Tour Programme (FTP). This is in accordance with our agreement which is clearly reflected in the Minutes of the meeting of Thursday 30th November, 2007 between the WICB and the WIPA. To refreshen your memory, I quote hereunder for your information the following excerpt from these Minutes:

"England Tour:

The WICB is aware that the England tour is outside the FTP and will be meeting with WIPA as soon as the tour details are finalized.”

With only a few weeks remaining before the scheduled departure of our team for this tour, I cannot over-emphasize the urgency for the resolution of this matter. The continuing disregard of the Board to respond to WIPA’s many requests made several months ago would leave our Association with no alternative but to take it to another stage for resolution.

I await your urgent response.

April 12, 2007 -- Letter from WIPA to WICB president Ken Gordon

I am still awaiting responses to my numerous letters sent to you on the subject above, the last of which was e-mailed on Wednesday April 11, 2007. Confirmation of the receipt of these letters was given to me by your Personal Assistant with whom I spoke this morning.

I reiterate that this proposed tour falls outside the Future Tour Programme (FTP) and, as such, WIPA’s prior concurrence is required for this tour. Furthermore both parties must therefore agree on the terms and conditions for players’ participation. In acknowledging this, the WICB had stated at our meeting on November 30, 2006 and in subsequent correspondence that it would meet with WIPA as soon as the tour details were finalized. The WICB has not to date contacted WIPA about the holding of a meeting regarding the determination of the contractual arrangements for this tour.

Continued tardiness in resolving this matter would not redound to the benefit of the administration of cricket in the region, particularly in the light of the many adverse comments being made about its preparation for Cricket World Cup 2007 in the West Indies. It certainly would not contribute in anyway to the improved performance of the team, the confidence of the public and the credibility of our organizations.

I am again reminding the Board that their failure to respond to my numerous letters would leave WIPA with no choice but to take this matter to the next stage of our agreements for a speedy resolution.

Looking forward to an urgent response.

April 13, 2007 -- Letter from Tony Deyal to WIPA president Dinanath Ramnarine:

Dear Mr. Ramnarine

Reference is made to your letter of March 6, 2007 to Mr. Ken Gordon on the subject:

Re: Proposed 20/20 Series in August/September and Tour to England 2007.

The WICB and WIPA agreed, during its most recent meetings, to deal with the CWC2007 issues first and then to discuss the Tour of England 2007. Now that the Arbitration is concluded on the CWC 2007, we are fully prepared to meet with WIPA on any day from April 17 – 19 in Barbados to discuss the Itinerary and Arrangements for the Tour. Please feel free to discuss with us a suitable time and venue.

Regarding the proposed Twenty/20 Series in late August, we will schedule that as a separate meeting to be held by June 30, 2007, when we would have a much clearer idea about the specific arrangements.

April 14, 2007 -- Letter from WIPA president Dinanath Ramnarine to Tony Deyal:

I acknowledge receipt of the WICB’s letter dated April 13th, 2007 in response to my letter of March 6th 2007.

Let me state for the record WIPA is not aware of any agreement with the WICB to have this matter dealt with after the WC Arbitration since there is no direct relationship.

As a matter of fact, the response by the WICB President to my letter of March 6th (see below) would surely substantiate no such agreement.

As indicated in my numerous letters and telephone calls, WIPA has been asking to deal with this matter since September, 2006.

I am again forwarding copies of my letters to the WICB in which Mr. Gordon’s PA assured me he has received and also Mr. Murray.

I indicated that I am available to meet with the WICB on Monday in Trinidad from 10 am at the WICB President’s Office.

Unfortunately, we are not available for the remainder of the week because of another prior commitment which I articulated to both Mr. Murray and Mr. Gordon.

The two sides would eventually meet on April 22, 2007 and, after failing to find common ground, the dispute was sent to an arbitration panel for a ruling.

As can be seen from all the correspondence above, this last-minute drama could have been avoided if the board had responded to WIPA's pleadings and made it clear that arbitration was needed. This could have been sent to arbitration months ago and settled without the embarrassment of another eleventh hour quarrel.