WIPA/WICB Battle Over Clause 5, Again

The West Indies Cricket Board (WICB) has reintroduced the controversial Clause 5 into the match/tour contracts for the upcoming senior team tour of Sri Lanka, leading to yet another major disagreement with the players? association.

Both sides have agreed to an adjudication process to determine whether the individual player contracts with Cable & Wireless were private in nature but there are major disagreements on the terms of reference from the arbitration process.

On June 17, Justice Adrian Saunders met WIPA and the WICB to attempt to hammer out the terms of references but the WICB?s insistence on Clause 5 was a major sticking point, forcing the talks to break down.

At the session, WIPA was represented by president Dinanath Ramnarine and a legal team comprised of Mr. Leslie Haynes QC and Ms. Donna Symmonds, both from Barbados.

The WICB team, comprised of Mr. Roger Brathwaite CEO and Ms. Joyce Kentish attorney-at- law, participated via teleconference.

According to Ramnarine, WIPA articulated to Justice Saunders the ongoing difficulty in arriving at a negotiated agreement on Clause 5 of the Match/Tour Contract, and proposed in the event the mediation failed to immediately resolve that particular issue then Clause 5 should be submitted to Justice Saunders for his binding adjudication with regard to the Sri Lankan tour only.

?Legal Counsel has advised that Clause 5 as is presently drafted does not sufficiently protect the individual property rights of the players in accordance with Justice Saunders? earlier ruling,? Ramnarine said.

During the meeting, the WICB disagreed stated that they would have to first seek the agreement of its major sponsor ? Digicel.

?WIPA is disappointed by this turn of events as we firmly believe that having regard to the differences between parties the most appropriate solution would be for a process of mediation and adjudication. It is our view that the Board?s position continues to be influenced by it not wishing to have the Digicel contract subjected to scrutiny,? the WIPA president added.

Justice Saunders has submitted a report on the meeting to the Chairman of the Caricom Prime Ministerial Sub-Committee on Cricket, Dr Keith Mitchell.

CLAUSE 5 READS:

(a) The player acknowledges that the WICB has the sole and exclusive right to permit any person to represent that they, or their goods or services, have the sponsorship or approval of, or are in any way endorsed with the WICB or any WICB team.

(b) Without limiting clause 5.2, the Player agrees that at all times whilst representing the WICB (including whilst playing, training, attending official functions, attending media conferences and being present at a match venue) he will not do anything that constitutes a Player Endorsement in relation to a competitor of a WICB Major Sponsor unless he has a preexisting agreement with such a competitor that has been approved in writing by the WICB under this Contract or the Player's previous player contract with the WICB or the Player's agreement with such a competitor pre-dates any contract he has had with the WICB.

(c) The Player agrees that the WICB may permit the WICB Major Sponsors to use the Player's Attributes in promotional and advertising activities permitted by the WICB, provided that:

(1) the Player's Attributes will be given equal exposure with at least three (3) other players who are contracted by the WICB; and

(2) the WICB must give the Player at least three (3) days' notice of an intention to use the Player's Attributes in promotional and advertising activities.