WIPA chides board for delaying arbitration

The West Indies Players' Association (WIPA) has released a letter to the WICB that brings attention to the fact the board has not yet submitted its side of the argument to the arbitration panel.

The letter is in response to comments by WICB chief executive Bruce Aanensen that the arbitration proceedings cannot be concluded before the West Indies team leaves for the tour of England.

"We don't have a date yet from the Chief Justice. All the documents have been submitted to him," Aanen said. "He says he needs time to study them and that he doesn't believe there is any way that they can have this arbitration prior to the team leaving on the eighth."

However, according to WIPA, the Chief Justice says he is still waiting for the board's submission. 

Full text of letter from WIPA president Dinanath Ramnarine to WICB CEO Bruce Aanensen: 

Dear Mr. Aanensen,

I have just read a report of an interview you recently had with the Caribbean Media Corporation (CMC) regarding the situation of players for the proposed tour of England which commences next week.

I note with interest your comments that "it will be illegal for them (players) to strike because the MOU says you cannot stop playing, you cannot withhold services once it goes to arbitration". Furthermore, you are quoted as saying that "All the documents (re Arbitration) have been submitted to him (Arbitrator, Sir David Simmons, Chief Justice of Barbados)". According to the interview, you have indicated that the Arbitrator "doesn’t believe that there is any way that they can have this arbitration prior to the team leaving on the eighth (May, 2007)."

On the understanding that you were quoted accurately, there appears to be some inaccuracy in the statement that Sir David is in possession of the relevant documents that the WICB has submitted to him for the arbitration process to proceed. My enquiry with Sir David this morning (Tuesday May 1, 2007 at 9.30 a.m.) as to how soon a decision was expected on the matter has surprisingly revealed that he was not yet in receipt of the WICB’s documents and written submissions in this matter. The Arbitration Chairman has indicated to WIPA that once the panel is in receipt of the Board’s submission a decision will be forthcoming very shortly thereafter.

We at WIPA are at a loss to understand why you should mention in the interview any contemplated strike action by the players. We wish to make it categorically clear that neither have we communicated to the Board any strike action by the players nor issued any such threats. In fact, we have been asking the Board since September 2006 to settle all arrangements for this tour in accordance with our MOU.

You may wish to be advised that the Board and WIPA have not yet discussed any agreement pertaining to this tour, including any financial arrangements. The Board has delayed until as late as April 22nd 2007 to start the negotiations.

This tardiness on the part of the WICB in submitting the documents might have been responsible for the Arbitrator indicating an inability to guarantee a decision prior to the team’s departure for the England tour. The Chairman considered the matter very urgent and requested the submission to him of all relevant documents by both parties no later than Friday April 27, 2007. You will recall our conversation on Wednesday April 25, 2007, during which I conveyed the said information to you and further indicated that the other members of the Arbitration Panel—Mr. Elliott Mottley Q.C. and Dr. Aubrey Armstrong-- should be also provided with the documents.

It has been confirmed by the Chairman that he addressed an email to our two bodies today requesting us to exchange documents and send written submission as soon as possible. We have however, submitted our written submission and supporting documents on Friday April 27th 2007 which was indicated by the Chairman. In the interest of a speedy resolution of this matter I would urge WICB to comply with the Chairman’s request yet again and send their written submissions and supporting documents without further delay.

WIPA wishes once more to express its grave disappointment at the Board’s handling of this matter. Indeed, its delay in forwarding the documents in the context of the immediacy the situation warrants, represents, in our view, a perpetuation of the trend by the Board to drag on un-necessarily this matter for an inordinately long time, to frustrate the negotiation process and the players, and to threaten them by having the proverbial ‘Damocles Sword’ hanging over their heads by unethically referring to the MOU.

The employment of such dilatory tactics cannot be in the interest of anyone, particularly the players, the fans and cricket in the region! The almost constant uncertainty faced by players virtually every time a series is due to begin does not, you will agree, help the psyche of the players. Indeed, it is a totally demoralizing situation for them! The Board is fully aware that successful agreements require both parties to negotiate in good faith!

This un-cooperative and, at times, adversarial approach by the Board has, regretfully, contributed to the unfortunate situation in which both parties find themselves. It is WIPA’s hope that our future dealings will pay careful attention to accuracy of details and adopt a less confrontational approach.

We at WIPA want to assure you that we are very committed to having this matter resolved amicably and in the interest of all stakeholders, and look forward to the WICB's full cooperation.