Extracts of the Constitution

Objects

The object of the Confederation shall be:

1. The regulations between employees and employers, and the promotion of the interests of employers in Barbados, and in particular:-
   
   (I) To provide for consultation between members, to ascertain their views on matters of common concern, and to take steps to give effect thereto.
   (ii) To collect, collate, and circulate information for the guidance of members, and to keep them informed on national and international movements in industrial relations and where necessary, to represent them with regard to the operation of existing laws, legislative proposals and the activities of government which may affect the interests of employers.
   (iii) To undertake the functions of the industrial organisation most representation of employers in Barbados under the Constitution of the International Labour Office.
   (iv) To co-operate with, or be a member of, any organisation whose objects are consistent with those of the Confederation.
   (v) To encourage by negotiation and/or arbitration the settlement of differences and disputes between employees and any of the members of the Confederation.
   (vi) To make the Director’s advice available by his presence if required, at any industrial negotiation, conciliation, arbitration or Court of Inquiry affecting a member or members.
   (vii) To encourage mutual support and co-operation in dealing with demands and the equitable carrying out of agreements.
   
   AND PROVIDED ALSO that nothing shall be done or construed to have been done which in any way prejudices or effects the position of any member which is registered as a trade union in any of its statutory obligations or liabilities, and
     
2. To do all such other things as are in the opinion of the Council of the Confederation incidental or conducive to the objects of the Confederation.
   
   PROVIDED that nothing shall be done by the confederation in pursuance of its objects which would constitute an interference with any member in the conduct or management by that member of its own affairs, or which is inconsistent with the retention by all members of the Confederation of their individual autonomy and independence of action.

Membership

1. Members shall be individual employers or associations of employers.
2. Applications for full membership shall be in form shown in Appendix I hereto or as near thereto as circumstances shall permit.
3. Applications for associate membership shall be in the form shown in Appendix II or as near thereto as circumstances shall permit.
4. The Council shall consider and may accept or reject applications for membership.

Organisation

1. Full members shall be organised, in so far as possible, into branches to be known as Trade Groups.
2. Full members shall be registered separately in every Trade Group in respect of each type of trade or business in which the member is engaged as set out in the Application of Membership.
3. Each Trade Group shall bear the title of the trade or section of a trade represented by the Group.
4. An associate member shall not be registered in any particular Trade Group.

Council

1. The affairs of the Confederation shall be conducted by a general committee of management to be called "the Council" which shall include representatives of Trade Groups and of members which are employers’ associations and of full members and associate members.
2. The Council shall be comprised of the following:
   (I) The President, two Vice Presidents, Immediate Past Presidents of the Confederation and two Trustees.
   (ii) One representative for each Trade Group.
   (iii) At least one representative for every member which in an association of employers.
   (iv) As many representatives of individual members (not being members of Trade Group) as the Council may determine.
   (v) As many associate members as the Council may determine.
3. At the First General Meeting and every Annual General Meeting of the Confederation members shall elect a President, two Vice-Presidents and two Trustees who shall be eligible for re-election. Such officers shall not be officer of a Trade Group.
4. In addition to the officers elected at Section (5) paragraph (2) members shall elect at every Annual General Meeting one (1) representative for each of the constituent Trade Groups of the Confederation.
5. Council shall appoint a Nominations Committee which shall nominate a slate of candidates to be presented for election to Council at every Annual General Meeting but every member present at the Annual General shall have the right to nominate any other member in good standing for election to any office or for election as a representative of the member’s respective Trade Group.
6. The Secretary shall convene a meeting of the Council whenever requested to do so by the President or any Vice President or any five other members of the Council.
7. A quorum for the Council shall be five members.

Committees

The Council may appoint Standing Committees and Ad-hoc Committees and persons appointed to Ad-hoc Committees need not be members of the Council.

General Meetings

1. A First General Meeting may be held at any time during the first financial year of the Confederation.
2. Annual General Meetings shall be held within three months after the end of every financial year; and Extraordinary General Meeting may be called by the Council, or at the request of one-third of the members of the Confederation voting in proportions set out in Rule 9(b).
3. Fourteen days’ notice of the First, Annual and Extraordinary General Meetings shall be given to all members.
4. The Council may convene Special General Meetings on seven days’ notice and Emergency General Meetings on one day’s notice, to all members.
5. A quorum for a General Meeting shall be twenty-five (25) members entitled to vote.
   

Finance

1. The funds of the Confederation shall be under the control of the Council, and shall be applicable solely towards the promotion of the objects herein above set out.
2. The financial year shall be from 1^st January to 31^st December.
3. Annual subscription shall be arranged by the Council and confirmed by a General Meeting.
4. The Council shall have the right to make special levies on full members, associate members, Trade Groups or employers’ organisations with the consent of those concerned.
5. Rates of subscription may be varied at any General Meeting subject to fourteen days’ notice to those concerned.
6. Annual subscriptions shall become due and payable on the 1^st day of January and shall be paid by the 31^st day of March in each year, but if any member is admitted to membership after the 30^th day of June, the subscription will be pro rata for each calendar month of membership in that financial year inclusive of the calendar month in which membership was accepted.
7. An Auditor or Auditors shall be appointed by the Council and as audited general statement of the receipts, funds effects and expenditure for each financial year and certified balance sheet shall be laid before the members of the Comfederation at the Annual General Meeting. A copy shall be forwarded to each representative of each Trade Group and as required by other members.
8. All monies received shall be paid into a bank account in the name of the :Barbados Employers’ Confederation".
9. Cheques or other negotiable instruments shall be signed by the Secretary or the Director and any one of the following, or any two of the following, namely: the President, Vice President or a Trustee, and all cheques payable to the confederation shall be deposited in the bank account in the name of the Confederation.
10. No fines shall be imposed by the Confederation on any member.
11. The funds of the Confederation shall be invested in such manner as the Council may think fit.
12. The books and names of members of the Confederation may be inspected at all reasonable times by every person having an interest in its funds.

Voting

1. At meetings of the Council, members shall have one vote each and the Chairman shall have a casting vote.
2. Members of the Confederation present at General Meetings shall have one vote each and the Chairman shall have a casting vote.

Trustees

1. The property and funds of the Confederation shall be vested in the two Trustees for the use and benefit of the Confederation, and the members thereof and such trustees shall deal with such property and funds as directed by the Council.
2. The Council may from time to time appoint, change or replace the Trustees but any such appointment, change or replacement will be subject to approval at the next General Meeting without prejudice to the validity of anything done or omitted to be done prior to such General Meeting.
3. The Trustees and staff shall be indemnified against all actions, costs, charges, losses, damages and expenses which he or they may incur or sustain in dealing with the affairs of the Confederation otherwise than by or through his or their own respective wilful neglect or default, neither shall be answerable for the acts, neglect or defaults of the other.

Staff

1. The staff (including an Executive Director, Secretary and other Officers) shall be appointed by and may be removed by the Council on such terms and conditions as the Council may think proper.
2. The Secretary shall be the Treasurer of the Confederation.

Disputes, Strikes and Claims

Members should report to the Confederation:

1. Any strike or lock-out or apprehended difference or dispute.
2. Any general communication from employees, direct or through a trade union, which may effect other employers.

Objects of Trade Groups

1. The object of each Trade Group shall be:
   (I) To promote the interest of the Group and the objects of the Confederation.
   (ii) To take such action, after consultation with the Council of the Confederation to endeavour to provide for the settlement of differences or disputes between any member or members of a Trade Group or the Group as a whole and his, its or their employees, if requested to do so.
   (iv) To encourage cooperation between Groups and the Confederation in dealing with demands or action taken by employees and/or their representatives.
   (v) To encourage the honouring of agreements made in the name of an individual member or members.

Management of Trade Groups

1. The affairs of each Trade Group shall if necessary be managed by a Committee of Management and the Secretary of the Confederation shall be Secretary of each such Committee.
2. Each Group shall if necessary elect a Chairman, and one Vice-Chairman, but in the absence of the election of a Chairman or Vice-Chairman, the Trade Group representative to Council shall convene a meeting of the Trade Group as he considers necessary or as any three members of the Trade Group so request.
3. The Chairman, or in his absence the Vice-Chairman, or a member of the Committee of Management who shall be chosen by the Committee for that purpose, or in the absence of any such persons, any member of the Group and of the Committee of Management of the Group
4. Groups shall meet as often as may be necessary.
5. Each Group shall determine a quorum for meetings.
6. At any meeting each member shall have one vote and the Chairman shall have a casting vote.

Definitions

In the above objects, Constitution, Rules and Conditions of Membership:

1. The terms "individual member" and "individual employer" shall mean and include a member or employer who or which is not an association or union of employers.
2. The terms "association of employers" or "employers’ organisation" shall mean and include any such association, or organisation whether the same is a Union registered under the Trade Union Act 1964 or not.
3. The term "member" shall mean and include "full member" and "associate member" except where specifically stated otherwise.

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