WIPA in the dark about Digicel extension

Wed, Jul 18, '07

 

West Indies players are again in the dark about the details of a sponsorship contract extension between the WICB and Digicel.

"The MOU which both parties have signed make it quite clear under Article 11 that prior consultation with WIPA is necessary before any such sponsorship agreement is signed. This is yet another instance of the breach by the WICB of this MOU," the players' association said in a statement.

Full text of WIPA's statement:

Quote from Newsday of Tuesday July 17, 2007 as follows: "Aanensen said yesterday he expected no problems with the West Indies Players' Association regarding the extension of the contract and that WIPA will be forwarded a copy of the agreement for their perusal".

While WIPA is pleased to know that the West Indies Cricket Board is always looking for ways to improve its finances through its sponsors or any other company, it is this unilateral process that WICB continues to insist on taking in deciding what is to be or not to be, that WIPA cannot accept and which is erroneously construed in some quarters as "obstructionist".

The MOU which both parties have signed make it quite clear under Article 11 that prior consultation with WIPA is necessary before any such sponsorship agreement is signed. This is yet another instance of the breach by the WICB of this MOU.

I would like to take this opportunity to remind you of certain recommendations of the Lucky Committee in its consideration of submissions by WIPA. It stated, inter alia, as follows:

a) “ It is the view of the committee that WIPA, as the players’ representatives might have been able to make such a contribution which would facilitate a better understanding of one of our terms of reference: ‘ Is the new Digicel agreement in the best interest of West Indies Cricket’”, and

b) “We are of the view that the WICB might have been better served if the Board officials, specifically the negotiating committee had sought the views of WIPA prior (my emphasis) to concluding the new Sponsorship Agreement. Generally prescribed industrial relations procedures would indicate that employers, the WICB in this instance, would communicate fundamental and/or material changes in expected work practices and/or arrangements.”

As far as WIPA is concerned, history is repeating itself with the re-negotiated signing of this Agreement this week between WICB with Digicel! This (recent unilateral action/ absence of consultation) by the WICB continues to undermine the maintenance and strengthening of good relations between both parties. Furthermore, WIPA is now forced to pay more careful attention to the protection of the players’ intellectual property rights.

May I remind you of what the recent Arbitration Panel wrote on Page 14 of its ruling, namely: “The parties are two responsible organizations whose objectives must surely be the structured development of West Indies cricket. Agreements must be honoured; procedures must be followed; and an attitude of mutual respect and sincerity must pervade negotiations. Our experiences during the three arbitrations which we have conducted reveal a vast area of distrust between the parties. This needs to cease.”

While the above statement was written in the context of the particular issue of the Future Tours Programme, I like to think that the sentiments expressed by the learned panel, embrace the entire spectrum of relationships and communication between WICB and WIPA.

Therefore, in the case referred to by Newsday above, it would appear that WICB chose to ignore advising WIPA of its intention to re-negotiate with Digicel. Having come to an agreement without consulting with WIPA, the Board decided to make the deal public and as an afterthought, stated that WIPA would be forwarded a copy of the agreement for its perusal. My question is: “If after our perusal, WIPA takes exception or questions any part of the agreement, will WIPA then be seen as the villain and being disruptive?” Did it not occur to the WICB that a MOU exists and that WIPA should be included in discussions that affect players’ intellectual property rights and welfare? Does the WICB recognize WIPA as the MOU intended or does it not? The comment of Mr. Elliott Mottley Q.C., a member of the recent Arbitration Panel re determination of the FTP to England, is instructive and salutary: “EITHER WICB RECOGNISES WIPA OR IT DOES NOT!”

The Governance Committee headed by former Prime Minister of Jamaica, Honourable P.J. Patterson, quotes in its recent release a “learned contributor” to the Committee, “The players are the most valuable resources of West Indies Cricket…….The Board needs to demonstrate that it values the players as human and that it accepts WIPA as a full partner in West Indies Cricket”.

WIPA recognizes and respects the authority of WICB within agreed parameters, but will continue to insist that WICB operates in accordance with agreed procedures. It is possible that because other parties are of the opinion that the manner in which WICB has operated over the years and continues to do so, may not be conducive to the best interests of West Indies cricket, it may not be coincidental that on the same day (July 17) that Newsday announced the Digicel extended contract, another newspaper carried the headline:” SCRAP WICB”. This headline was in relation to the ‘aide memoiré’ submitted by the Governance Committee. The committee speaks about negative perceptions about West Indies Cricket, particularly relating to inefficient administration, flawed sponsorship deals, shambled finances etc. This should provide both WICB and WIPA with food for thought.

WIPA looks forward to receiving the copy of the new Digicel agreement for our perusal.

Please note: This letter was sent to WICB President, WICB CEO, President Designate, WICB Directors and Chairman of Governance Committee