INTERNATIONAL LABOUR OFFICE LABOUR POLICIES IN THE WEST INDIES GENEVA 1952 STUDIES AND EEPOBTS ÍTew Series, ïîo. 29 PUBLISHED BY THE INTERNATIONAL LABOUR OFFICE GENEVA, SWITZERLAND Published in the United Kingdom for the INTERNATIONAL by Staples Press Limited, London LABOUR OFFICE PRINTED BY " L A TRIBUNE DE G E N È V E " , GENEVA, SWITZERLAND CONTENTS Page INTRODUCTION 1 CHAPTER I : Pre-War Economic and Social Background Economic Factors Social Factors Conclusion CHAPTER II : Wartime and Post-War Trends Regional Co-operation—The Caribbean Commission Altering Patterns of Economic Policy Wartime and Post-War Economic Changes Expansion of Social Services , Political Organisation 3 3 18 33 ; . . . . . ; . . : , . CHAPTER III : Manpower General Government Policies Extent of the Employment Problem Action against Unemployment 34 34 41 51 61 66 72 75 84 105 CHAPTER I V : The Machinery of Industrial Relations British Territories United States Territories French Territories Netherlands Territories 127 129 161 169 170 CHAPTER V : Wages, Hours and Conditions of Work British Territories United States Territories French Territories Netherlands Territories 172 174 197 205 208 CHAPTER VI : Women, Children and Young Persons Children and Young Persons Women CHAPTER VII : Social Security and Related Provisions French Territories British, United States and Netherlands Territories Planning and Prospects 212 213 230 240 243 246 271 CHAPTER VIII : Labour Legislation British Territories United States Territories French Territories Netherlands Territories 275 276 304 324 334 CHAPTER IX : West Indian Labour Problems and the I.L.0 Some Major Problems of Labour Policy in the West Indies . . Some Aspects of the Application of International Labour Conventions to West Indian Territories The International Labour Organisation and the West Indies . . 343 343 348 352 IV LABOUR POLICIES IN THE WEST INDIES Apéndices I. Area and Population of West Indian Territories 361 II. Labour Force of British West Indian Territories at Latest Census . 362 HT. Puerto Rico : Civilian Population 14 Years of Age and Over, by Employment Status and Sex 363 IV. Jamaica : Data Regarding Wage Earners and Gainfully Occupied Population 364 V. Jamaica Sugar Industry : Underemployment and Seasonal Unemployment . . . . . . . 366 VI. Jamaica : Labour Union Organisation and Assets . 367 VII. Jamaica : Distribution of Organised Labour according to Major Industries in March 1948 368 VIII. Jamaica : Industrial Disputes involving Stoppage of Work according to Industry 369 ' IX. Puerto Rico : Wage Orders issued by the Minimum Wage Board up to November 1949 370 ' X . Jamaica : Employment, Working Hours and Wages in Selected Industries in the Kingston Area . 371 XI. Jamaica : Wage Rates and Hours in Principal Industries, 1950 . . XII. Trinidad : Wages ....,.-.. 373 375 X m . Puerto Rico : Average Hourly Wages by Industries, Fiscal Years 1934-1935 to August 1949 376 INTEODUCTION The present report is conceived as a broad survey of labour policies and problems in the West Indies. The territories covered comprise the British, French, Netherlands and United States territories in the Caribbean region falling within the terms of reference of the Caribbean Commission, together with the Bahamas and Bermuda. The study is essentially an analysis of documentary information available to the International Labour Office. Nevertheless, the official principally responsible for its preparation was afforded the possibility of visiting, in 1946 and 1948-1949, most of the territories concerned, for the purpose of checking the report and seeing conditions at first hand. The report was prepared by Mr. Cedric O. J. MATTHEWS of the Non-Metropolitan Territories Division of the Office, with the collaboration of Mr. K. L. VEESTEEG of the same Division in respect of the Netherlands territories. Since the International Labour Office provides advice and assistance to Governments only when requested to do so on specific questions, the conclusions to the present study do not attempt to provide solutions of the problems of policy noted. It has nevertheless been thought desirable to draw attention, in the final chapter, to the machinery through which the I.L.O. can provide appropriate services. The International Labour Office wishes to acknowledge the assistance it has received from the four metropolitan Governments and the Governments of a number of the non-metropolitan territories both in the form of documentation and in that of facilities for visits to the territories. CHAPTER I PRE-WAR ECONOMIC AND SOCIAL RACKGROUND ECONOMIC FACTORS The West Indies are essentially areas of primary production in which industrial development is very limited. Except in a few areas mineral resources are rare or are not exploited; agriculture forms the basis of economic life, and West Indian economies, whatever the degree of dependence on agriculture, generally lack diversification. The production of specialised export crops—of which sugar cane is the most important—and the importation of foodstuffs and manufactured goods are characteristic of the economy. The system is based on two related considerations. In the first place, industrial development is limited by the absence or deficiency of natural resources necessary for the development of modern industry. In the second place, it is considered that the production of relatively high-priced export crops offers the most economically sound means of exploiting the land resources of the area ; sugar cane production has best met this requirement in the region as a whole. The direction of capital investment, a typical Caribbean import, and the skills and experience of the labour force are primarily determined by these conditions and contribute to their continuation. At the same time almost exclusive dependence on export crops as the basis of economic life has its hazards in the fluctuation of world market prices, varying trade policies and the subsidisation of rival producers. But what is usually regarded as the alternative or the supplement, subsistence agriculture or production for internal markets, has discouraging features : low prices and returns and comparatively indifferent production methods. The high populationland ratio emphasises the difficulties of the latter policy. In normal years the level and character of economic activity in most of these territories has been too low to prevent a large degree of unemployment or underemployment. The limited 4 LABOUR POLICIES IN THE WEST INDIES extent of intra-Caribbean trade and the influence of political affiliations on the pattern of trade policies have also been of some consequence. Character of Production The general pattern described above varies from territory to territory. The following brief summary indicates the prevailing forms of economic activity in the different territories immediately before the outbreak of the second world war. British Territories. In the Bahamas sponge fishing, the principal industry, was suffering as a result of disease in the sponge beds ; by 1940 tomatoes had become the only important export. The economic life of this Dependency was, however, centred around the winter tourist trade from the United States, " the mainstay of the colony ". 1 The economy of Barbados was the most outstanding example among the British territories of dependence on sugar and sugar products ; in 1939 these comprised 98.75 per cent. of exports ; reliance on external trade for foodstuffs and manufactured goods was very marked and was a further indication of the character of local production. Bermuda was essentially a tourist resort ; agriculture, carried on largely by tenant farmers, consisted principally of the production of winter vegetables and lily bulbs. The economy of British Guiana, despite the undeveloped state of its interior, was more varied than that of most other territories. While the production of agricultural export crops, in particular sugar cane products, occupied the foremost place, mining (bauxite, gold and diamonds) was a major activity ; there was a substantial forest industry and, except for white flour, this territory was virtually self-sufficient in foodstuffs. I n British Honduras in 1939, chicle, timber and woods accounted for 74.4 per cent, of the colony's exports, even though forest industries employed only some 6,000 workers ; a considerable part of agricultural production was devoted to the growing of cash crops, but the territory was not selfsufficient in foodstuffs. 1 American Geographical Society : The European Possessions in the Caribbean Area (New York, N.Y., 1941), p. 7. PBE-WAR ECONOMIC AND SOCIAL BACKGROUND 5 In Jamaica production for internal markets had an important place beside the production of export crops, but the importation of foodstuffs was nevertheless on a large scale. Bananas and unrefined sugar constituted 65 per cent, of the island's exports in 1938. Disease was gravely affecting agricultural production and particularly the large number of smallscale growers of cash crops. Manufacturing industry, other than processing of agricultural products—in particular, rum— was minimal. In the Leeward Islands group, two distinct patterns existed ; Antigua and St. Christopher produced chiefly sugar cane products on the traditional estate lines ; in Montserrat and Nevis, sea island cotton was the chief product, produced primarily by small proprietors and share croppers, while in the British Virgin Islands cotton was the principal cultivated crop and beef cattle the principal item of export. In the Windward Islands group, Dominica exported principally lime products and also produced a good local food supply. In St. Lucia, estate-produced sugar was the principal export item ; the considerable peasant population was more particularly occupied with the cultivation of vegetables and fruit for home consumption than of products for export. St. Vincent's leading exports were arrowroot and sea island cotton ; small proprietors grew a substantial proportion of these and other crops, although the greater part of the island was still in large estates. The production of food crops was sufficient to permit a small export trade. In Grenada, cocoa and nutmegs were the principal exports ; food crops were grown fairly extensively. The mineral resources of Trinidad and its comparative progress in developing manufacturing industry, distinguished the island from the rest of the British West Indies. In 1938 petroleum products accounted for 68.4 per cent, of Trinidad's exports and there were more than 200 factories producing mainly for local consumption. Sugar cane and cocoa were the most important crops ; agricultural production was approximately evenly divided between the estates and small holders. French Territories. The economy of Martinique was based almost exclusively on sugar cane production. In 1939, sugar and its by-products represented 86.4 per cent, of total domestic exports. The 6 LABOTJB, POLICIES IN THE WEST INDIES banana industry and the pineapple industry had been recently introduced, but were still on a small scale. Local food production was at a level requiring substantial food imports. Guadeloupe was also completely dependent on agriculture but had a more varied agricultural production because of the differing soil and climatic conditions of Grande-Terre and Basse-Terre. In the former, sugar cane was the basic crop ; in the latter, the principal agricultural commodities grown were bananas, coffee, cocoa and vanilla. Gold mining was the principal industry of French Guiana. Forest products were not, despite the resources of the territory, of major significance. Coffee, sugar, cocoa and bananas were the only agricultural products of commercial importance, but production was below the level of local needs in the case of the first two commodities and the exportation of the two latter was of slight importance. Netherlands Territories. The basis of the Netherlands territories economy was the refining of Venezuelan petroleum products ; other forms of economic activity were of minor significance though it should be noted that large tracts of land were given over to the raising of livestock. The following table indicates the relative value of the principal export commodities of Surinam in 1937. 1 Commodity Bauxite Gold Sugar products Coffee Bice Value in thousands of guilders 4,904 744 682 529 414 United States Territories. The dependence of Puerto Rico on sugar cane production was reflected in part by the occupational distribution of the employed labour force and by the fact that during the years 1936-1939 sugar accounted for an average of $58.9 million of an average total of $95.7 million of export trade. 2 About 25 per cent, of the total number of employables and 1 American Geographical Society : op. cit., p. 33. Erich W. ZIMMEKMAN : Staff Report to the Inter-departmental Committee on Puerto Rico (Washington, D.O.), 1940, p. 132. 2 PBE-WAE ECONOMIC A N » SOCIAL BACKGROUND 7 about 48 per cent, of all agricultural workers were directly employed in the production of cane and sugar and about 40 per cent, of the total payroll of Puerto Eican agriculture was paid by the cane and sugar industries. 1 Rum distilling and the needlework industry were the only significant manufacturing industries. The production of coffee, tobacco, crop fruit, vegetables and pineapples was on a substantial scale. The United States Virgin Islands economy presented differing patterns in the separate islands. St. Thomas was essentially dependent upon the activity of its harbour and the related coal and oil bunkering ; St. Croix was largely dependent upon cattle raising and the growing and milling of sugar cane. Level of Production and National Income The question of existing levels of national income and of production is examined in more detail in Chapters I I and V below. Data is lacking for even a general estimate of national income levels before 1939 in the territories under consideration ; the few national income studies made in the region have been undertaken since 1939 though in some instances the attempt has been made to project estimates backwards to the pre-1939 period. Nevertheless, certain available data may serve as some indication even though the period of analysis is later than the period examined in the present chapter. A study made of the national income of Jamaica for the period 1929-1938 provides, inter alia, the following figures 2 : Residents' income per head £ 19.2 18.6 17.5 15.8 15.0 14.7 14.9 15.0 16.4 16.9 Year 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 1 2 ZIMMERMAN, op. cit., p. 157. Phyllis D E A N E : The Measurement University Press, 1948), p. 141. of Colonial National Incomes (Cambridge 8 , LABOUR POLICIES IN THE WEST INDIES A study of the national income of Puerto Rico includes the following findings1 : Year ending 30 June 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 Per capita net income U.S. $ 122 107 97 85 106 . 103 114 118 119 112 Studies made by the Economic Adviser to Development and Welfare in the British West Indies for a number of territories for the year 1942 provide the following figures : Territory Barbados British Guiana Grenada Jamaica St. Vincent Average per capita income £ s. d. 27 0 0 28 15 0 23 0 0 26 0 0 14 5 0 It may be assumed that, in view of the rise in prices between 1939 and 1942, national income levels in 1939 in these territories were markedly lower than the figures cited. Miscellaneous estimates that have from time to time been made in regard to the national incomes of the West Indian territories and the per capita revenues and expenditures of the different territories, suggest that their per capita national incomes tend to be about one fifth of those of the metropolitan countries respectively responsible for their administration and that among the territories themselves there is a scale in this respect which their general economic circumstances indicate. The Netherlands territories occupy the highest position; production is essentially industrial and wage levels at the refineries are well above general West Indian levels. The Pan American Union estimated per capita income in the Netherlands territories in 1940 at $190. The two other areas least dependent on agriculture, Bermuda and the Bahamas, would both be high up in the scale. Puerto Eico, largely because of its relation to the United States economy and price system, would be placed somewhat above Trinidad and British Guiana, which, owing largely to their diversified economy and mineral 1 Daniel CREAMER : The Net Income of the Puerto Rican Economy, 1940-1944 (Rio Piedras, P.R., Social Science Research Centre, University of Puerto Rico, 1947). PBE-WAR ECONOMIC AND SOCIAL BACKGROUND 9 resources, have a higher living level than such areas as Jamaica, Barbados or the French territories. At the bottom of the national income scale would come the territories largely dependent on small-scale agricultural production. Import Trade of the West Indies In the present context the import trade of the West Indies is of interest as illustrating the character of the West Indian economies through the groups of commodities which the different territories do not produce in sufficient quantity for local needs. The particular relevance of this question is the inclusion in the workers' living costs of such essential imported items as wearing apparel and food. The position immediately before the outbreak of the second world war in regard to a few territories is summarised in the following table, which provides data relating to the year 1938. While the percentages given may appear at first sight small, they cover some of the principal categories of imports in the territories concerned. 1 Selected imported commodities Percentage of total imports Barbados. Grain and flour Meat, fish and butter . . . Apparel, including boots and shoes Cotton manufactures . . . Iron and steel manufactures. Selected imported commodities Martinique. Flour and rice Boots and shoes Cotton manufactures Machinery 10.7 9.4 5.0 6.8 4.8 Percentage of total imports . . . 8.5 5.0 4.5 4.9 Selected imported Percentage of commodities total imports Jamaica. Grain and flour 10.1 Machinery 8.0 Cotton manufactures . . . 7.0 Fish, milk and meat . . . 8.1 Apparel, including boots and shoes 6.3 Iron and steel manufactures. 5.4 Selected imported Percentage of commodities total imports Trinidad. Iron and steel manufactures. 18.2 Machinery 10.0 Grain and flour 7.8 Apparel, including boots and shoes 4.2 Milk, fish, butter, m e a t . . . 7.0 Cotton manufactures . . . 3.9 1 Compiled on the basis of information contained in the United States Tariff Commission Report 151, Second Series : Commercial Policies and Trade Relations of European Possessions in the Caribbean Area (Washington, 1943). 10 LABOUR POLICIES IN THE WEST INDIES Pre-War Tariff Policies No detailed examination of the tariff policies applied in the various territories 1 can be undertaken in the present study, but a brief account of the relevant general policies of the four metropolitan countries concerned will elucidate the extent to which the trade relations of the territories were influenced during the period by these policies. In the British territories, after the Imperial Economic Conference at Ottawa in 1932, tariff schedules were adopted to increase the margin of preference for Empire goods on which the reductions usually ranged from 25 to 30 per cent, of the general rates. In the period 1930-1939, reciprocal arrangements by the United Kingdom, Canada and other British countries were made. The trade agreement between the United States and the United Kingdom, effective 1 January 1939, resulted in Caribbean legislation providing for a reduction in imperial preference on the products specified in the agreement. Imperial preference is granted by levying lower import duties on commodities of Empire origin than on like articles from foreign countries. Duties are levied on all imports except those specifically exempted ; the free lists are composed principally of articles, whose importation is expected to promote the agricultural and industrial development of the territories. One authority, referring to the system of imperial preference and its effects has stated—• It is, of course, a system of mutual preferences, not of definite discriminations against foreign imports . . . The system of preferences has been an undoubted advantage to British trade but it has not had the effect of creating a closely protected market for United Kingdom production. That is best shown by the fact that, shortly before the war, 24% per cent, of the total imports into the colonies came from the United Kingdom and the latter took.35% per cent, of their exports. An analysis shows, indeed, that there is actually very little difference between the trade with those territories which have a preferential tariff and those which have not.2 Martinique, Guadeloupe and French Guiana were, for the purposes of French commercial policy, " assimilated " territories. Their tariffs in general were the tariffs of France 1 For a detailed account, cf. the United States Tariff Commission, op. cit. Lord HAILEY : The Future of Colonial Peoples (Oxford University Press, 1944), p. 49. 2 PKE-WAE ECONOMIC AND SOCIAL BACKGROUND 11 with certain exceptions made in the light of local conditions. In practice, free trade did not exist between the assimilated territories of France since local consumption duties, and in later years, quota systems, were in effect. Decrees changing rates for individual territories introduced a variety between territory and territory in tariffs, since the local legislative authorities might pass resolutions asking for exceptions from the metropolitan tariffs and the French Council of State was authorised to establish special free lists for each area and schedules of special digressions from the French tariff rates. The special tariffs of the assimilated French territories were for the most part designed to promote local industries, to lower the cost of living, or for revenue. Martinique and Guadeloupe prohibit the importation of sugar, molasses and certain alcohols but admit free, or at rates considerably lower than the French tariff, many 1types of foodstuffs, lumber, coal, petroleum products and fertilisers. The tariff of the Netherlands territories was entirely fiscal in character. Because of the position of Curaçao as an entrepot, any attempt to adjust the tariff of Curaçao so as greatly to favour the products of the home country would be neither profitable nor practicable. The provision that the tariff shall not be framed in any way injurious to the trade of the Netherlands or its other territories applies in Curaçao, however, as it. does in Surinam.8 Import duties ranged from 10 to 20 per cent, ad valorem on enumerated articles and were 3 per cent, on all unenumerated articles. The free list included such commodities as fertilisers, tools, plant, machinery and pit coal. I n Surinam there was also a large free list including machinery, iron, steel, and other metals, plants and manures and pit coal. The ad valorem duty on unenumerated items was 10 per cent. For tariff purposes, Puerto Eico was a part of the United. States. In general, the United States tariff encourages trade with the mainland and discourages trade with foreign countries . . .since. . .. the tariff is primarily an expression of continental economic policy. It reflects changing conditions on the mainland and requires adjustment of the Puerto Eican economy to mainland interests.3 1 2 3 United States Tariff Commission : op. cit., p . 311. Ibid., p . 77. ZIMMERMAN, op. cit., p. 107. 12 LABOUR POLICIES IN THE WEST INDIES The general position of the Virgin Islands was similar, but, while the federal Government returned to Puerto Eico the internal revenue taxes on products of Puerto Eico imported into the continental United States, the same principle did not apply to the Virgin Islands. The following table gives a broad picture of the extent to which the trade relations of some West Indian territories were divided as between the metropolitan country and other areas in 1939. In regard to the British territories, it is necessary to note that the figures do not take into account trade with other areas within the imperial preference system, e.g., CanadaBritish West Indies trade is considerable. Territory Puerto Rico Trinidad Percentage by value of Percentage by value of imports from metropolitan exports from metropolitan countries countries 37 63 28 35 66 92 34 26 41 98 63 69 99 98 17 56 Source : Commercial Policies and Trade Relations of European Possessions in the Caribbean Area, op. cit., and Thirty-Ninth Annual Report of the Governor of Puerto Rico (San Juan. P.R., 1939). Organisation of Production The organisation of productive enterprise in the West Indies is closely inter-related with a variety of other social and economic factors to which reference is made elsewhere in this study. In particular, in the all-important field of agricultural enterprise, its connection with questions of land tenure, ownership and use is fundamental. Consideration of the situation is here confined to brief notes on the organisation of production of the principal agricultural commodities and manufactured products and on land settlement policies. The agricultural phase of the sugar industry was and is organised mainly on the plantation or estate system, though in several territories such as Trinidad and Puerto Eico the cane PEE-WAB ECONOMIC AND SOCIAL BACKGROUND 13 farmer operating on a family basis or with the help of a few hired hands provides a significant percentage of the cane grown. In Trinidad in 1939, for example, cane farmers produced 44 per cent, of the cane crop. In British Guiana, on the other hand, the corresponding proportion was very small. Studies of comparative efficiency in production 1 have reached conclusions indicating the economies of large-scale production : (a) higher productivity on estates than on peasant holdings because of a higher level of organisation, management and capital resources, better access to research findings, better cultural practices, greater readiness and ability to utilise in practice the results of scientific investigation and (b) higher productivity on the larger than on the smaller estates for similar reasons, differing only in degree. One authority has stated in regard to the situation existing in 1939— Setting aside a few commendable exceptions in other branches, sugar estates are the only elements in British West Indian agriculture2 in which sound organisation and efficient working are to be found. The basis of the sugar cane industry in Puerto Eico in prewar years was a high level of Government protection and assistance, capitalisation from the United States and a high degree of rationalisation. The extent to which control of the industry was centralised was indicated by the P.E.E.A. 3 census of 1935, which showed that four large American-owned corporations owned or leased 24 per cent, of all cane land and that 31 per cent, of the production of sugar resulted from their operations. The view in the Zimmerman report was also that large-scale operation requiring large investments was necessary to maintain the competitive position of the industry. 4 In the industrial phase of the sugar industry, local conditions have created wide diversity. For example, generalisations about optimum production units in sugar manufacture are hazardous because of differences in local circumstances, 1 Cf. Colonial Development and Welfare in the West Indies : Agriculture in the West Indies (London, H.M. Stationery Office, 1942), Colonial No. 182. 2 West India Royal Commission : Report on Agriculture, Fisheries, Forestry and Veterinary Matters by F. L. EKGLEDOW (London, H.M. Stationery Office, 1945), Cmd. 6608, p. 91. 3 Puerto Rico Reconstruction Administration. 4 ZIMMERMAN, op. cit., p. 162. 2 14 LABOUR POLICIES I N THE WEST INDIES such as variation in existing means of transportation to mills. It is considered in general that a factory of 30,000 tons capacity is technologically necessary for maximum saving on mechanical equipment and internal operation, but in Barbados small factories of 5,000 tons capacity operated successfully. The estate system was and is also utilised in respect of virtually all the major agricultural products of the area, for example, bananas, cocoa, coconuts, rice, cotton, coffee, limes and arrowroot. Compared with the sugar estates, however, estates producing other crops tend to be on a small scale and do not occupy an all-important place in the crop economy, nor is there to the same extent the very wide difference of efficiency of production as between estate and peasant producer. Share-cropping was not very extensive in the area but was adopted on a few estates, for example, in ÏJevis for cane and cotton, in Montserrat for cotton and in Puerto Eico. A survey of agricultural production in general in the British West Indies essentially based on a study of conditions immediately prior to the outbreak of the second world war provides comparative data of interest. The report x stated with regard to Trinidad— The sugar industry is well organised and efficiently worked on the estate side, standards of estate cultivation are high and are further improving, while the factories are for the most part large, modern, and highly efficient . . . On cane farms the standard of production is much lower. There is both scope and great need for the combination of cane farming with the growth of food crops and the evolution of a better balanced system of agriculture. By comparison, the larger Trinidad coconut estates are termed " reasonably efficient ", and the cocoa industry is said to be in need of " better cultural practices ". In Jamaica, " cultivation on (sugar estates) is rather below the standard of other colonies . . . sugar factories are also less efficient, cultural conditions on coconut estates are . . . on the whole, poor. Peasant cultivation is of low standard ", and, in regard to livestock, " husbandry methods and management are poor, while the trade in animals is badly organised ". In British Guiana, " sugar estates have survived on the best lands and are efficiently worked, while the factories are modern and the 1 Agriculture in the West Indies, op. cit., pp. 46, 47, 83, 116, 136, 232, 233. PEE-WAE ECONOMIC AND SOCIAL BACKGROUND 15 level of technical operation high . . . Standards of rice cultivation are fairly good in comparison with rice growing in general and yields are high ". In Barbados, " the cultivation of sugar cane is at a high standard . . . agricultural practice on small holdings is less efficient than on estates ". In the Leeward Islands, " cultural standards on sugar estates are in general good ". In St. Kitts and parts of Antigua, " they have improved considerably of recent years . . . There are two sugar factories . . . both are modern, well equipped and efficiently run ". In regard to peasant cane, " cultivation is poor, husbandry indifferent, and yields low ". With regard to cotton, " cultivation standards vary, they are better on estates than on small holdings . . . there are ginneries in all presidencies, their efficiency varies considerably . . . animal husbandry standards are rather low ". Brief reference may be made for purposes of comparison with pre-war conditions in the Puerto Eican coffee and tobacco industries. The general state of the coffee industry was depressed. Costs of production were unusually high, the reasons assigned being : (a) location of the coffee crops on the hilly slopes of the mountainous interior resulting in added labour costs ; (b) soil depletion ; (c) indifferent methods of cultivation ; (d) decline in average yield per acre and (e) hurricanes. x Tobacco was a small operator's crop in which insular as against mainland capital played an important part. Of the tobacco farmers, 65 per cent, cultivated less than one acre, 26 per cent. 1 to 3 acres and 4 per cent. 3 to 5 acres. Grading and marketing difficulties were emphasised by the contrast between the large number of small producers and the small number of manufacturers. An important part of the tobacco crop was financed, handled and warehoused by growers' co-operatives. ÏTo detailed reference is required to the organisation of the bauxite industry of the Guianas and the petroleum industry of the Netherlands territories and Trinidad. These were and are highly capitalised industries and are considered by authoritative opinion as being conducted at a high level of rationalisation and efficiency with assured markets. The needlework industry of Puerto Eico, a home work industry, requires special mention. It was and is different in character from other important items of production in the ZIMMERMAN, op. cit., p. 178. 16 LABOUR POLICIES IN THE WEST INDIES West Indies, being based on imported materials. There are two essential sets of divisions in the industry : machine-work in shops and handwork ; home work, hand sewing, embroidery and the like and " inside " work—preparatory work, finishing and shipping. The following is a tabular picture of the industry in 1935.x Mainland wholesale or retail stores or selling organisations which either own plants in Puerto Eico or buy from Puerto Eican manufacturers Mainland manufacturers or principals who supply materials to Puerto Eican contractors to be processed on contract . . . Manufacturing operations conducted in Puerto Eico by concerns on mainland or by Puerto Eican manufacturers Puerto Eican contractors: receive material from mainland principals, process material in own shops or by homeworkers and return material to States. Usually distribute work through subcontractors . . Puerto Eican agents or Number About 15 concerns About 160 concerns About 15 concerns About 100 subagents : receive goods from contractors or manufacturers, distributing to home workers for sewing, collect processed garments and articles, hire and pay home workers. Work on commission of from 10 to 20 per cent, of payroll. Intermediary between contractors and home workers . . About 3,000 Puerto Eican factory and home needleworkers. Usually piece-rate workers. Home workers hired by subcontractors and ordinarily never come in contact with contractors. Process goods for subcontractor. Principally female and 16 per cent, (estimated) are less than 16 years of age. Home workers are principally handworkers or sewers . . . About 70,000 Framework of Economic Policy The altered patterns of economic policy in the West Indies during the period since 1939 are examined in detail in Chapter I I . To afford a basis for comparison a brief note on the 1 ZIMMERMAN, op. cit., p. 271, quoting Evidence Study No. 27 of the Needlework Industry in Puerto Rico. The Zimmerman report states that in 1940 this structure in general applied, although numbers in general had decreased. PBE-WAB ECONOMIC AND SOCIAL BACKGROUND 17 major premises of policy in the period immediately preceding 1939 seems desirable. The West Indian economies suffered severely during the depression years, and in 1939 recovery was incomplete. World market prices of their export products had dropped sharply and even the preference arrangements with metropolitan countries, where such arrangements existed, did not basically alter the fact that the purchasing power of the customers of the West Indies had greatly diminished. Unemployment and underemployment, for reasons to be noted in Chapter I I I , reached unusually high levels. Nevertheless, during the 'thirties, the major pre-supposition of economic policy was that the West Indian territories, like other colonial territories, ought to solve their economic problems by drawing on their own resources within the framework of existing international trade and commodity agreements and on the assumption that Government planning for social and economic development should remain within the narrowest possible limits. Financial assistance was provided by the metropolitan country for territories chronically unable to balance their budgets. In the American territories, federal assistance was provided through a variety of federal agencies. The passing of the British Colonial Development and Welfare Act of 1940 may be regarded as marking the inauguration of a new framework of economic policy. The statement of policy on colonial development and welfare of February 1940 1 set out clearly distinctions of principle as between the pre-1939 period and the post-1939 period which were subsequently to find application to other West Indian territories as well as the British— Much has already been accomplished but there is room for further active development of financial resources of the various territories so as to provide their people with improved standards of life. Some of the colonies can make, and have made, great progress in strengthening their economic positions without recourse to outside help ; and they are improving as time goes on the social services that minister to the well-being of the people as a whole. In some territories, larger revenues could be raised without injustice by adjustment of taxation ; and considerably heavier local taxation has, in fact, been accepted in most of the colonies since the outbreak of war. An improvement of the Government machinery and a reinforcement of the personnel of the development services would, in many colonies, result in a more successful economic expansion. 1 Statement of Policy on Colonial Development and Welfare Policy (London, H.M. Stationery Office, 1940), Cmd. 6175. 18 LABOUR POLICIES IN THE WEST INDIES Nevertheless, if full and balanced development is to be obtained and if colonial Governments are to be placed in a position to maintain administrative, technical and social services at proper standards, some assistance from outside is necessary at this stage. Few of the colonies have the good fortune to possess substantial material wealth and in comparatively few are there manufacturing industries of any magnitude . . . However able their Government, however efficient their economic administration, many colonies cannot finance out of their own resources the research and survey work, the schemes of major capital enterprise and the expansion of administrative or technical staffs which are necessary for their full and vigorous development. Nor can they always afford in the absence of such1 development an adequate standard of health and education services. After adumbrating proposals later incorporated in the Colonial Development and Welfare Act, 1940, the statement went on to add— The first emphasis in this much-enlarged policy of colonial development will be on the improvement of the economic position of the colonies. That is the primary requirement upon which advance in other directions is largely consequential. It is by economic development that colonies will be placed in a position to devote their resources to the maximum extent possible to the provision of those Government and other services which the interests of their people demand. Assistance from United Kingdom funds should be effectively related to what the colonies can do for themselves. For this purpose it is essential that there should be co-ordination of effort on the part both of the Government at home and of the colonial Governments. . . . There must be wide recognition that conditions vary greatly from colony to colony and that colonial Governments should best know the needs of their own territories and enjoy a wide latitude in the initiation and execution of policies, the primary purpose of which is to promote2 the prosperity and happiness of the peoples of the colonial empire. SOCIAL FACTORS No attempt can here be made to give a general picture of the over-all patterns of West Indian society. There are, however, certain aspects of the social structure and of social standards which have a sufficiently close bearing on the scope of the study to necessitate a sketch oí their characteristics in the circumstances of the West Indies. Some appreciation of the family structure and of race relations is a pre-requisite for any understanding of some of the factors which must inevitably shape labour policies in West Indian territories. Information regarding general standards of nutrition, housing, 1 a Ibid., p . 4. Ibid., p p . 6-8. PBE-WAE ECONOMIC AND SOCIAL BACKGROUND 19 health and education in these areas is equally a pre-requisite for setting in perspective the living conditions of wage earners. The information here provided does not refer exclusively to the pre-1939 period, but, where it relates to a subsequent period, the picture may nevertheless be regarded as equally descriptive in general of the earlier period. British Territories Family Relations. One of the recommendations of the British West India Royal Commission, 1938-1939, was— . . . that an organised campaign should be undertaken against the social, moral and economic evils of promiscuity, the success of which will mainly depend on the extent to which the combined authority of the Churches is behind it.1 The background of the Commission's recommendations was the existence of " more or less faithful extra-legal unions and illegitimacy rates of between 60-70 per cent." 2 This pattern includes, at the one end of the scale, permanent cohabitation between the unmarried which leads to a home life and the establishment of a family group little different from the married state and, at the other, irregular unions which may be broken off either after a short period or even after the birth of two or three children and promiscuity without birth control. The historical antecedents of this situation are a matter of common knowledge. The Africans brought to the West Indies as slaves did not bring with them, or were not allowed to retain in their new environment, the social disciplines obtaining in the community from which they came. In general, their owners were strongly opposed to their Christianisation, and marriage among slaves was actively discouraged, if not completely forbidden. Emancipation, while bringing with it efforts on the part of the Government and the Churches to improve the condition of the emancipated, meant also a long period of economic disruption and the development of a peasant class often physically inaccessible. 1 West India Royal Commission, 1938-1939 : Recommendations (London, H.M. Stationery Office, 1940), Cmd. 6174, p. 17. 8 West India Royal Commission : Report (London, H.M. Stationery Office, 1945), Cmd. 6607, p. 31. 20 LABOUB POLICIES IN THE WEST INDIES The best endeavours of the Churches, together with what Governments saw fit to do from time to time, did not reach the bulk of the population, and it is not surprising that . . . the institution of marriage continued to be exceptional.1 Enough consideration does not seem, however, to have been given to a number of factors in the existing social environment which tend to favour the continuation of this situation. In particular, where the earning of a livelihood is usually precarious, owing to the level of earnings and the irregularity of employment, the parties concerned must often regard lasting commitments as undesirable. One consequence of the position described above is the relative frequency with which women have the major responsibility for the maintenance of a family. In these circumstances, the conditions, in the widest sense, under which women are employed are a question of particular consequence. 2 Information analysed in Chapter VI of the present study suggests that the family structure in other parts of the West Indies presents broadly similar features. Race Relations. Much has been written about race relations in the British West Indian area, but little that is based on adequate experience. The Boyal Commission, 1938-1939, found colour prejudice sufficiently grave to recommend— . . . that the active assistance of all persons of standing and of all available means of publicity . . . should be enlisted in an organised attempt to prevent any further extension of colour prejudice.3 Stating the position negatively, there is no legal colour bar or racial discrimination sanctioned by law. ÏTor do the social sanctions which obtain constitute more than an element in British West Indian patterns of social stratification. There are approximately three principal directions in which tension makes itself felt. In labour relations its existence is evident, even if the primary explanation is that offered by the Eoyal Commission— 1 Ibid. Cf. Chapter VI. 3 Recommendations, op. cit., pp. 26-27. 2 PEB-WAE ECONOMIC AND SOCIAL BACKGROUND 21 Where people of one colour are predominant among employers and the workers are found almost wholly from those of another colour, it is perhaps inevitable in times of labour troubles that racial and economic issues should be confused. During the pre-1939 period, European appointments to senior posts in the public service, as well as to better paid posts in commercial and industrial undertakings, were frequently the cause of bitterness. Subsequently, there has been to some extent a change of policy, particularly in regard to the public service. The third feature is the tendency of the different racially demarcated groups to confine intimate social contacts to members of the same group. One further point in regard to race relations was stressed by the Royal Commission— The racial or colour problem would be completely misunderstood if it were supposed to arise simply from the differences between a racially homogeneous white people and a racially homogeneous coloured people. In every West Indian colony the population shows a wide racial heterogeneity, that is a wide range from completely white to completely coloured. Moreover, degree of wealth and degree of colour are by no means completely associated, and exceptions to even their general correspondence are frequent and striking. Between racially intermediate grades and the two extremes of racial homogeneity there are prejudice and clash of interest at least as strong as those to be found between the two racial or colour extremes themselves. The existence of this very marked racial heterogeneity is, in itself, one of the most powerful reasons why complete renunciation of colour prejudice is fundamentally necessary to social progress.1 Nutrition. The relevance of some examination of standards of nutrition in a study of labour policies hardly needs emphasising. In the West Indies a general complaint of employers is that labour is inefficient and is prepared to work only enough hours to earn a bare subsistence. A recent report on nutrition in the British West Indies indicates that what has long been regarded on a priori grounds to be a fundamental cause does satisfy the closer scrutiny of field study— In an interesting sociological study of an East Indian village in Trinidad, . . . it was found that the working day was limited by fatigue. After working all morning and into the early afternoon, the labourer and his wife returned home so tired that, even if they 1 Report, op. cit., p. 61. 22 LABOUB, POLICIES IN THE WEST INDIES had cultivable land, they left it almost entirely untouched because, they said, they had no energy left to tackle it. 1 The report directly related this situation to malnutrition. In a report published in 1939 2, the Committee of the Economic Advisory Council on JSFutrition in the Colonial Empire found that the general situation as to nutrition in British dependencies was as follows. Judged by European standards, few of the constituents considered necessary for a nutritionally adequate diet were generally available in sufficient quantities. The effects of malnutrition were not only revealed by the incidence of recognised deficiency diseases but presumably were the explanation of deficiency states which, while not resulting in manifest disease, prevented the full enjoyment ,of health and lowered resistance to every kind of disease. Abundant evidence was found to prove that, in some occupations where it was not customary to provide the employee and his family with food, the wages earned were not sufficient to provide adequate nutrition. I t was considered that increased wages might well be justifiable as a purely economic proposition on the ground that they would lead to a more than proportionate increase in efficiency. The Committee further considered that, in areas where the labourer was expected to find his own food, the employer would find it profitable to give appropriate assistance, for example, by enabling workers to have their own gardens or by the provision, either free or at reduced rates, of food of special nutritive value. In regard to the British West Indies in particular, the following were the Committee's main findings. Only in the Virgin Islands were nutritional diseases rare. Throughout the area the problem of malnutrition was regarded as having economic foundation. In Jamaica— . . . the nutritional state of a distressingly large proportion of the labouring classes and of children is considered by some observers to be definitely bad, the chief causes being adverse economic conditions, poverty,3 low wages, unemployment, illegitimacy and overlarge families. 1 Nutrition in the British West Indies. Report by B. S. PLATT (London, H.M. Stationery Office, 1946), Colonial No. 195, p. 2. 2 Economic Advisory Council, Committee on Nutrition in the Colonial Empire : Nutrition in the Colonial Empire, First Report, Parts I and II (London, H.M. Stationery Office, 1939), Cmd. 6050 and 6051. 3 Ibid., Part II, p. 130. PRE-WAR ECONOMIC AND SOCIAL BACKGROUND 23 In Barbados the great shortage of milk, eggs and fresh vegetables in the diets of the working classes was stressed. The poor physique of the average labourer, the high incidence of tuberculosis and dental caries, and the prevalence of pellagra provide sufficient evidence that diets are seriously deficient.1 A particularly high level of malnutrition was found among East Indians. A survey conducted in 1944-1945 revealed that the problem of immediate practical importance was to recommend measures designed to bring the nutrient intake in the British West Indies up to the level at which such evidences of malnutrition as could be detected clinically would no longer occur. The improvement in the present situation necessary to produce a high level of physiological efficiency was sufficiently extensive to necessitate programmes with this objective to be regarded as long-term in character. 2 Housing. Housing conditions in the British West Indies have long been regarded as highly unsatisfactory and the 1938-1939 Eoyal Commission was outspoken in its criticism of existing conditions : In both town and country the present housing of the large majority of the working people in the West Indian colonies leaves much to be desired ; in many places it is deplorable ; in some the conditions are such that any human habitation of buildings now occupied by large families must seem impossible to a newcomer . . . These decrepit homes, more often than not, are seriously overcrowded, and it is not surprising that some of them are dirty and verminous in spite of the praiseworthy efforts of the inhabitants to keep them clean. In short, every condition 3 that tends to produce disease is here to be found in a serious form. In considering housing problems in these dependencies, a clear distinction must be drawn between urban housing problems and those posed by peasant housing and company housing. In urban areas, the problems of policy are essentially those of slum clearance and town-planning. It is hardly to be expected that the major improvements required can be effected by other means than direct Government action. At the time of the Eoyal Commission's survey, the essential basis for such 1 Ibid., p . 129. 2 P L A T T : op. 3 Report, op. cit., p . 174. cit. 24 LABOUR POLICIES IN THE WEST INDIES action, namely legislation affording Government the necessary powers, was entirely lacking in some territories ; the position in this respect is now, however, much more satisfactory. The expenditures involved in such action are likewise a decisive limiting factor particularly since the meagre earnings of the presumed beneficiaries of any slum clearance schemes are usually so inadequate as generally to necessitate the letting of the new buildings at uneconomic rents ; otherwise it is likely that the new occupants will not be the former slum dwellers but an entirely different and better-off class able to afford the economic rent. Another problem in urban areas is that of houses in a state of disrepair. The policy has been to aim at fixing standards to which owners would be required to conform. This presents comparatively slight enforcement difficulties if owners are men of substance, but in many cases a few let tenements are an owner's only means of subsistence and no capital is available for improvements. Where peasants own their own houses, a different set of problems arises. In the first place, where they do not own the land on which the house stands and do not enjoy reasonable security of tenure, it is not unusual to construct buildings readily capable of demolition and re-erection elsewhere. In any case the meagre funds available to peasant owners for construction purposes tends to make the standard of this type of housing low. The standards of estate housing and company housing generally vary widely. Some workers on estates are still housed in the objectionable barracks erected during the period when, in some territories, the estates were required to provide housing free of charge to indentured immigrant workers. There still remains a resident labour force on a large number of such estates, and the workers concerned still expect the employer to provide them with accommodation. But, since there no longer exists any legal obligation on the employer in this respect, there is little inducement to improve housing conditions. Nevertheless, in a number of cases, radical improvement has been effected. In regard to other company housing, one statement of the Boyal Commission may be used as a general appraisal— In the majority of cases in which a firm of substance and repute employing resident labour in considerable numbers is making, or PRE-WAR ECONOMIC AND SOCIAL BACKGROUND 25 hopes to make, a reasonable profit from its activities, a greater realisation is now being shown of the responsibility for seeing that workers are properly housed.1 More precise information can be given on the situation revealed by housing surveys in one territory. A housing committee appointed in Barbados in 1943 prefaced its recommendations with the following comment : The general housing situation must, in our opinion, be regarded as unsatisfactory, to use no stronger adjective. In certain of its aspects it is deplorable. In regard to some individual cases it is disgraceful. There is no doubt that the bulk of the poorer classes live in houses which are either inadequately sited or contain insufficient accommodation, or are in an indifferent state of repair, or are grossly deficient in essential sanitary requirements. In more than a few cases all these defects are combined.2 The committee noted a general condition of serious overcrowding which the average of 4 1 / 3 persons per house did not sufficiently indicate. It found that the majority of urban houses— . . . contain not more than two living rooms in which a family of four or five persons . . . must eat, sleep and perform all their more intimate bodily functions. Sometimes there is a small lean-to shed which serves as a kitchen, but as often as not cooking is done in the open air. Bathrooms are non-existent, and what is called " toilet " accommodation consists of an outside open-pit closet which, in many cases, is shared with a neighbour. The general state of repair was described as indifferent ; the ravages of termites made many houses which seemed to be waterproof unfit for human habitation. Even where houses were structurally sound, their design and lack of ventilation might be such as to justify condemnation. Figures quoted in the report reveal an advanced stage of urban congestion. Nearly all house occupiers outside the urban district owned their own houses. In the case of peasant proprietors, overbuilding frequently resulted from the subdivision of their small parcels of land among their heirs. Workers living on plantations who did not own the sites on which they built their houses lacked security of tenure and usually set up houses 1 Report, op. cit., p. 176. Housing in Barbados. Report of a Committee appointed by His Excellency the Governor to submit recommendations for the general improvement of housing and domestic sanitation in Barbados, including proposals for assistance under the Colonial Development and Welfare Act (Bridgetown, 1943), pp. 13-14. 2 26 LABOUR POLICIES IN THE WEST INDIES on rented land which were easily removable but generally unsatisfactory. A 1944-1945 survey of eight slum tenantries in Bridgetown revealed that of 2,510 houses in the area, 1,116 or over 44 per cent, were unfit for human habitation, and the 588 families were overcrowded. 1 Health. The Eoyal Commission of 1938-1939 found the health of the people in the West Indies on the whole better than in some other British colonies but nevertheless unsatisfactory. The two most serious aspects of ill-health were a very high infant mortality rate and a large amount of chronic sickness. Preventive medicine received too little emphasis. Facilities for the cure of the sick were at the same time inadequate, particularly in the rural areas. The poverty alike of the individual, the medical departments and the local governments was an important factor in keeping health standards low. Another was ignorance and adverse social conditions— deplorable housing accommodation, illegitimacy coupled with a restricted sense of parental responsibility. The training of all classes of medical personnel in the prevention of disease was inadequate. There was a great need for better education of the general public and of school children in health matters. Medical departments in the different territories had played an important part in the lowering of the death rate, obtaining control of several of the more serious epidemic diseases and providing a curative medical service of a valuable standard. Nevertheless, existing medical services suffered from serious defects including inadequate emphasis on preventive medicine, insufficient attention to rural as compared with urban areas, too extensive a dispersion of medical institutions, too low a proportion of trained subordinate medical staff in relation to fully qualified doctors and insufficient attention to research into the causation, distribution and control of disease. The Commission considered that expert advice and financial assistance from outside the territories was needed in order to reorganise medical work on a better preventive basis and to assist in correcting adverse social conditions. 2 1 Housing Board Office, Bridgetown, Barbados : Report on a Housing Survey of Eight Slum Tenantries in Bridgetown, June 1944-April 1945. Appendix I . 2 Cf. Report, op. cit., p p . 134 et seq. PRE-WAR ECONOMIC AND SOCIAL BACKGROUND 27 Education. Educational problems in the British West Indies may be considered for convenience under the following three heads : elementary education, secondary and vocational education, and post-secondary and adult education. The table on the following page summarises the position in 1945 in regard to attendance in elementary and secondary schools. In the field of elementary education, exiguous finances may be said to constitute the crux of the problem. The means for the payment of enough teachers to reduce classes to a reasonable size cannot be found. But, if this is perhaps the most significant problem, there are many others : insufficiency and inadequacy of buildings and teaching equipment, denominational problems, and economic conditions which discourage some parents from sending their children to school regularly. Nor is the content of West Indian education always acceptable. One Education Commission wrote in 1939— Our survey shows three general characteristics common to all the (Leeward and Windward) islands. It seemed to us (a) that education is in the main external to the real life of the people, affecting it from without rather than from within ; (b) that its resources are, and will on present lines continue to be, wholly inadequate to its task ; and (c) that even the resources it has are largely wasted.1 Whatever the defects of elementary schooling facilities in the British West Indies, the deficiencies at other levels are greater. The proportion of children and young persons receiving any form of post-primary education is small as the table indicates. The University College of the West Indies in Jamaica is a very recent development which is not yet operating in all faculties and was only a far-off project in 1939. Of adult education, the Royal Commission said : " Very little is attempted at present and what is done in various fields is unco-ordinated and of no very deep effect ". Vocational training facilities are very limited. 1 United Kingdom, Colonial Office : Education in the Windward and Leeward Islands : Report of the Education Commission (London, H.M. Stationery Office, 1938). EDUCATIONAL FACILITIES IN THE BRITISH WEST INDIES IN 1945 Leeward Islands Elementary school age limits . . . Estimated population of elementary school age . . . Barbados British Guiana 5-14 5-16 British Hondu- Jamaica ras 5-16 7-15 34,281 92,641 16,974 248,880 Windward Islands Antigua St. KittsNevis Trinidad Mont- Virgin serrat Is. 1 Dominica Grenada St. Lucia 5-16 5-16 5-15 5-15 5-17 4-15 5-15 5-15 Turks Cayand St. Caicos man Vincent l Islands Islands '7-14 7-14 125,709 12,589 24,869 18,800 18,551 1,137 1,228 8,856 3,244 1,289 91,426 9,645 17,922 10,114 11,720 10,500 11,225 4,000 1,450 5-15 Roll, elementary 28,975 61,734 11,619 171,455 6,735 941 883 Number of elementary schools . . 126 251 112 669 22 33 12 12 292 33 54 45 37 11 13 Number of secondary schools. . . 11 3 5 23 3 3 1 1 10 4 4 2 4 1 — Number of pupils in secondary schools : (a) boys . . . . (b) girls . . . . 1,543 878 500 303 323 404 1,837 2,160 187 193 131 105 60 56 15 35 2,428 1,565 140 233 319 468 124 133 215 213 18 18 — Number of pupils in secondary schools aged 11-18 y e a r s : (a) boys . . . . (b) girls . . . . 1,402 729 434 262 211 307 1,629 1,915 143 146 118 78 51 44 15 35 2,107 1,357 140 183 221 341 95 80 188 187 18 18 — Source : Communication to the I.L.O. from Colonial Development and Welfare in the West Indies. 1 Figures for 1944. PEE-WAB ECONOMIC AND SOCIAL BACKGROUND 29 United States Territories Family Relations. The average size of Puerto Eican families is 5.4 persons. At the time of the 1940 census, 42.4 per cent, of men were single; 39.2 married; 14.1 consensually married ; 3.8 widowers and 0.5 divorced; the percentages for women in the corresponding categories were respectively 31.4, 40.2, 15.1, 11.6 and 1.7. While illegitimacy rates are not as high as in the British West Indies, they are considerable ; in 1942, 35.1 per cent, of total births were illegitimate. Census figures for 1940 in the Virgin Islands reveal that 46.2 per cent, of men were single, 36.6 per cent, married, 12.1 per cent, consensually married, 4.5 per cent, widowed, 0.6 per cent, divorced ; the corresponding figures for women were 43.3, 33.3, 10.9, 12.0 and 0.5. Race Relations. In Puerto Eico and the Virgin Islands, the pattern of race relations bears many points of resemblance in its broad features to those in the British West Indies. No legal discrimination exists; on the other hand, it was found necessary in 1943 to enact a Civil Eights Act in Puerto Eico guaranteeing the right of all persons irrespective of differences of race, creed or political affiliation to enjoy the facilities afforded by public places, businesses and any agency of the Insular Government. Similar legislation was enacted in the Virgin Islands in 1945. One observer has thus summarised the existing situation : The constituents of the race problem in Puerto Eico and the Virgin Islands are, in short, a historical background that emphasises class rather than race ; an economic setting in which the problem of the Negro is merged in the larger problem of the community ; the absence of legal discrimination against the black masses ; and the pressure of social discrimination on the lighter-skinned middle class minority.1 Nevertheless, in this respect, conditions differ substantially from those in the British areas. In particular, in Puerto Eico the composition of the population does not make for the tension in industrial relations noted above in regard to the British dependencies. 1 Eric WILLIAMS : " Race Relations in Puerto Rico and the Virgin Islands ", in Foreign Affairs, Jan. 1945, p. 316. 30 LABOUR POLICIES IN THE WEST INDIES Nutrition. A1945 study on Puerto Eico stated the nutritional problems of the island in the following terms : It is estimated that the diets of no less than 75 per cent, of the Puerto Eican people are not providing the minimum daily requirements in the basic foodstuffs necessary for health and physical efficiency. The main cause of this situation is lack of funds to purchase adequate diets, and its contributing causes are ignorance and poor food habits . . . . A vast majority of the Puerto Eican families are living on incomes lower than the amount necessary for food only, as shown by the cost of an adequate diet for an average family in Puerto Eico determined on several occasions on the basis of prevailing prices.1 The consumption habits of the Puerto Eican have been thus described : The staple foods of the majority of the population consist of rice, beans, codfish, bread, and black coffee, and only 50 per cent, of the total food requirements are grown on the island. The actual caloric intake is low, and the diet is deficient in protein, fat, mineral and vitamin content. Among the low income families, few fresh fruits and green vegetables are ordinarily used. Both the supply and the distribution of the locally produced fruits and vegetables . . . is poor. Milk is consumed by only 40 per cent, of the families and the average amount is approximately three ounces per person per day. The result : a state 2of general debility, malnutrition and great susceptibility to diseases. While recognised deficiency diseases do occur in Puerto Eico, their incidence is not high. Clinical indications of malnutrition are, however, extensive. Housing. The National Resources Planning Board estimated in 1942 that some 75 per cent, of families in Puerto Eico lived in substandard dwellings lacking the essential facilities for health and decency. The points of similarity with conditions in the British areas are considerable. Low income rural families usually construct readily removable shacks on land which they do not own ; ownership of house sites by this class is in fact rare. Low income urban families are usually also shack owners, but, unlike their counterparts in the country, they usually have to pay ground rent. 1 Insular Board for Vocational Education, Home Economics Division : SocioEconomie Conditions in Pwrto Rico Affecting Family Life (San Juan, May 1945), pp. 3-4. 2 Jacob CRANE : " Workers' Housing in Puerto Rico ", in International Labour Review, Vol. XLIX, No. 6, June 1944, p. 610. PBE-WAR ECONOMIC AND SOCIAL BACKGROUND 31 The following summary of housing conditions further illustrates the similarity : Eighty-six per cent, of the agregado 1 families do not have piped water available, but use supplies from streams and shallow wells ; 50 per cent, have no sanitary conveniences ; 46 per cent, have pit privies ; and only 2 per cent, have water closet installations. Urban shacks are usually built within short walking distance of a public water faucet, and one third of the families have piped water available in the house ; 43 per cent, have no sanitary facilities, 50 per cent, have pit privies, and about 5 per cent, have water closets. Ordinarily no attempt is made to construct streets or sidewalks in urban slums, and the arrangement of shacks in many slum areas appears accidental, precluding decent general drainage or access for even minimum fire protection, refuse collection, and policing services. Community parks or playgrounds are rare, inadequate, and poorly maintained. The enforcement of building regulations is a function of the Department of Health and Sanitation. The Eegulations cover such items as room size, ventilation, access, rat-proofing, etc., but little control is exercised over structural design or safety. Shack building can be characterised as an improvisation, and no attempt is made to enforce compliance with the regulations. Occasionally there are convictions for building on public lands without a permit, but the fines imposed are nominal. No solution has been found to the problem of the control of shack building under existing economic conditions. In general, the houses of the low income group, both rural and urban, are traditionally owner-buüt, on rented or rent-free land. The land is owned in large tracts by individuals or companies who have little or no responsibility for improvements, or it is public land on which there is no enforcement of such regulations as do exist. Sanitary facilities are practically non-existent, although usually untreated water is available to those living in urban shack settlements. In 1940, 73 per cent, of all urban and rural renting units had rents of between $1 and $6.99 monthly ; 76.62 per cent, of all owner-occupied houses had tax values under $200. In the Virgin Islands, the fact that the population is not as high as it has once been means that cumulative overcrowding is rare. But, while no adequate housing surveys have been undertaken, it is generally conceded that available dwelling space requires considerable rehabilitation. Education. A survey in Puerto Eico by the Insular Department of Education indicated that of over 280,000 children and young persons aged 5-19 years not in school, some 121,000 had never been to school and 119,000 had left before completing the sixth 1 The head of an agricultural tenant family. 2 GRANE, op. cit., p. 612. 32 LABOUR POLICIES IN THE WEST INDIES grade. In 1940 it was found that only 48 per cent, of the population aged 5-17 years were enrolled in public schools. The following excerpt further illustrates the deficiencies of educational facilities in Puerto Rico : As of September 1, 1944, the total enrolment in the schools of Puerto Eico amounted to 319,428 pupils. About two-thirds of these children (69.95 per cent.) studied under the double session or interlocking system, which offers only half a day of class. The rural zone had at that time 154,131 pupils, 119,153 (77.31 per cent.) of which attended half a day only, while the urban zone had 165,297 pupils of which 91,509 (55.36 per cent.) attended school on the same basis. It has been estimated that 2,300 additional school rooms would be necessary to furnish full-time schooling to all the children who are at present attending school half a day only.1 The University of Puerto Rico is, however, well established and technical and vocational education facilities are more highly developed than in the British West Indies. In the Virgin Islands, facilities for rudimentary schooling are relatively good ; in 1940, literacy in Puerto Rico was 68.8 per cent., while in the Virgin Islands it was 86.6 per cent. An extension of vocational training arrangements was, however, strongly recommended in the Development Plan of the National Resources Planning Board. Netherlands Territories In 1882, a medical school was set up in Surinam. This school provides training in the medical profession for residents of Surinam. Most of the doctors graduating from the school belong to the local population of Surinam and for this reason are of great service in the promotion of better sanitary and health conditions in the territory. This partly explains why those conditions are relatively good in Surinam. In the Netherlands Antilles, with a total population of 148,530, there are 799 teachers of whom 352 are local and 447 from abroad. In Surinam, with a total population of 181,984, the corresponding figures are 613, 573 and 40. The proportion of teachers to children attending school is 1 : 42. A lack of teachers and school buildings is particularly noticeable in the more isolated districts of Surinam. Figures regarding literacy in the Netherlands Antilles are not available. 1 Socio-Economie Conditions in Puerto Meo Affecting Family Life, op. eu., p . 52. PB.E-WAR ECONOMIC AND SOCIAL BACKGROUND 33 CONCLUSION The above notes on social and economic problems and policies have been necessarily limited in scope. The political organisation of the territories has been reserved for comparative treatment in Chapter I I . Nevertheless, a number of general comments on the pre-1939 economic and social background may be made on the basis of the facts above noted. West Indian social and economic conditions resemble those of a large number of other tropical underdeveloped areas. The material content of living is of the characteristically low level which marks most countries with as predominantly an agricultural economy. In most of the territories the prerequisites for industrialisation on a scale commensurate with the problems of the area are absent. The problem of productivity must always be considered in the light of the size and rate of increase of the communities concerned ; in the Caribbean, the land-ratio problem and the rate of population increase are matters for concern. Outlets for migration for settlement are inadequate, both within and outside the region, assuming the continuance of present policies. Despite plans for international trade stabilisation, the precariousness of an export economy will remain. Production on an increased scale for local markets has many limitations ; where land areas are as limited as in the island territories, it is understandable that the tendency should be to grow the crops producing the highest monetary returns ; this tendency is even more clear where large-scale corporate undertakings are involved. Clearly, more is needed than a more equitable distribution of returns from production. While, for example, proportional benefit undertakings or co-operative methods may serve this more limited purpose, they do not in themselves raise the level of productivity. Not even socially valuable techniques designed to retain the economies of large-scale undertakings while preventing concentration of ownership are enough. The period immediately before 1939 was one in which no direct attack was made on the essentials of these problems. The ensuing period has, by comparison, been one in which Governments and people have made efforts in a more positive way to alleviate conditions. CEAPTEE I I WARTIME AND POST-WAR TRENDS The changes which have been effected in West Indian social and economic policies since the outbreak of the second world war have been extensive even if their implementation has seemed to bear fruit somewhat slowly. This is indeed inevitable in respect of economic policies designed to broaden the bases of support of any community ; in the present context, wartime and post-war shortages of material and personnel have created additional difficulties for the execution of plans formulated just before and during the period. And expansion of social services and most projects of social betterment, if they are not to involve increased and continuous dependence on external aid, need to be correlated with the pace of economic development. The present chapter devotes particular attention to five characteristics of the period under consideration, characteristics which have varied widely from territory to territory in their incidence: (a) the beginnings of regional co-operation in the planning of economic and social policy ; (b) emphasis on economic development planning ; (c) wartime and postwar economic changes, whether structural or temporary ; (d) development of the social services ; and (e) increased participation of the peoples of the area in the framing and execution of policies affecting them. REGIONAL CO-OPERATION—THE CARIBBEAN COMMISSION The chief long-term instrument of co-operation between France, the Netherlands, the United Kingdom and the United States in the area is the Caribbean Commission, which has developed from the Anglo-American Caribbean Commission created on 9 March 1942 by an exchange of notes between the two latter Governments. WABTIME AND POST-WAB TBENDS 35 The purposes of the Anglo-American Caribbean Commission were stated as follows in the joint communiqué issued at the time : For the purpose of encouraging and strengthening social and economic co-operation between the United States of America and its possessions and bases in the area known geographically and politically as the Caribbean and the United Kingdom and the British colonies in the same area, and to avoid unnecessary duplication of research in these fields, a commission, to be known as the AngloAmerican Caribbean Commission, has been jointly created by the two Governments. The Commission will consist of six members, three from each country, to be appointed respectively by the President of the United States and His Majesty's Government in the United Kingdom—who will designate one member from each country as a co-chairman. Members of the Commission will concern themselves primarily with matters pertaining to labor, agriculture, housing, health, education, social welfare, finance, economics and related subjects in the territories under the British and United States flags within this territory, and on these matters will advise their respective Governments. The Anglo-American Caribbean Commission in its studies and in the formulation of its recommendations will necessarily bear in mind the desirability of close co-operation in social and economic matters between all regions adjacent to the Caribbean.1 I t has been pointed out that— . . . The joint communiqué gives no indication that the Commission is to be other than a permanent agency . . . the communiqué makes no reference of any kind to the war or to the relationship of the new agency to war needs, with the2 sole exception of the mention of United States bases in the region. The American and British sections of this Commission operated as separate entities under their respective co-chairmen ; a further dichotomy arose from the fact that the British co-chairman was also the Comptroller for West Indian Development and Welfare and was consequently stationed in Barbados, while the American co-chairman had his headquarters in Washington. In addition, the two sections were not responsible to any common authority but to the relevant executive branches of their own Governments. Eeports on the Commission's work have been published annually since 1943. Points of particular interest are the outline of the functions and mechanism of the Commission and the 1 The Department of State Bulletin, Vol. VI, Mar. 1942, p . 229. Ralph J . BtTNCHB : The Anglo-American Caribbean Commission : An Experiment in Regional Co-operation, American Council Paper No. 7, 9th Conference of the Institute of Pacific Relations (Hot Springs, Virginia, J a n . 1945). 2 36 LABOUR POLICIES IN THE WEST INDIES information provided on the immediate and long-range aspects of the Commission's programme. Pressing problems which the Commission had to face included the questions of local food production, fisheries, sugar, transportation, the emergency landwater highway, the West Indies schooner pool and Caribbean labour for the United States ; the long-range aspects of its programme cover trade and communications, public works, health, plant and animal quarantine, tourist possibilities, and radio broadcasting. A joint communiqué of 4 January 1944 established a West Indian Conference system which would provide a means of consultation between the Commission and representatives of the territories, each of which were entitled to send two delegates to the Conference. The first Conference was held in Barbados from 21 to 30 March 1944. The items on the agenda were (1) means for raising the nutritional level : increased local food production ; (2) means for raising the nutritional level, expansion of fisheries ; (3) re-absorption into civil Ufe of persons engaged in war employment ; (4) planning of public works for the improvement of agriculture, education, housing and public health ; (5) health protection and quarantine ; (6) industrial development, and (7) the Caribbean Research Council— possibilities for expansion. These questions were considered by a series of committees, the recommendations of which were endorsed by the Conference, which also adopted a resolution urging that— . . . the Governments of Great Britain and of the United States and the Governments of the territories represented at the Conference should be asked to use their utmost endeavours to give immediate consideration and early effect to such of our recommendations as may be transmitted to them with the support of the Anglo-American Caribbean Commission. The significance of the first meeting was threefold. Admittedly the Conference was of a purely advisory character, conducted under the aegis of the Anglo-American Caribbean Commission, itself only an advisory body. But, for the first time in the Caribbean, representatives of a high level, both official and unofficial, from all the territories of the AngloAmerican Caribbean area, consulted together on general policies of common interest. The recommendations the Conference made were closely studied by the two metropolitan Governments concerned and a joint statement of policy issued. WARTIME AND POST-WAR TRENDS 37 In a broader perspective, the meeting was significant as the first experiment of an international regional Commission concerned with dependent territories in consulting on an organised basis with local representatives. Eegional co-operation in the field of research was effected through the establishment by the Anglo-American Caribbean Commission in August 1943 of the Caribbean Eesearch Council as an advisory body to the Commission. The objectives of the Eesearch Council are to survey needs, determine what research has been done, arrange for dissemination and exchange of the results of research, provide for conferences between research workers or extension workers and recommend what further research and co-operation should be undertaken for the benefit öf peoples of the Caribbean.1 Its function is, therefore, seen to be advisory, directive and co-ordinating. A programme to initiate its work was contained in a retrospect of the research needs of the Caribbean area prepared by the Commission.2 Within the Council, five Sectional Committees were set up concerned with (a) agriculture, nutrition, fisheries and forestry; (b) public health and medicine; (c) industry; (d) building and engineering research, and (e) social sciences. Even before the Trench and Netherlands Governments joined the Commission, participation in the work of the Eesearch Council proved a question of real interest to Caribbean areas other than the British or American territories ; there was at an early date a Netherlands representative on the Provisional Committee for the Council ; and a Land Tenure Symposium was also attended by experts from Cuba, Haiti, and the Dominican Eepublic. With the adherence of France and the Netherlands, the Anglo-American Caribbean Commission became from December 1945 the Caribbean Commission. An important change in the composition of the Commission itself was also effected by the understanding reached that Commission members should include representatives of the peoples of the West Indian territories. 1 Anglo-American Caribbean Commission : Caribbean Research Council (Barbados, Feb. 1944), p. 1. 2 Cf. Nutrition, Agriculture, Fisheries and Forestry, Report of the Meeting of the Anglo-American Caribbean Commission, Virgin Islands of the United States (Washington and Barbados, 17-21 Aug. 1943). 38 LABOUR POLICIES IN THE WEST INDIES The second session of the West Indian Conference met from 21 February to 13 March 1946 with an extensive agenda covering, inter alia, organisational questions, agricultural diversification, industrial diversification, trade within the Caribbean, transportation, health, research and the possibility of a general sociological survey. I t was attended by Commissioners from the four metropolitan powers and consisted of representatives from all the areas in the Caribbean under the flags of these States. The delegates from the British areas consisted of an equal number of official nominees and of unofficial representatives selected by the elected members of the legislatures of the different territories. One interesting feature was the election of an additional British Commissioner of West Indian origin by the unofficial representatives. The original Commission met in Washington from 8 to 14 July 1946 to consider plans for remodelling its own organisation and on 30 October 1946 representatives of the Governments of France, the Netherlands, the United Kingdom and the United States signed a formal agreement for the establishment of the present Caribbean Commission. The purposes for which the Commission was created were stated in the Preamble to the Agreement as being : (a) the desire to encourage and strengthen co-operation between the signatory powers and their territories, with a view to improving the economic and social well-being of the people of those territories, and (b) the desire to promote scientific, technological and economic development in the Caribbean area, to facilitate the use of resources and concerted treatment of mutual problems, to avoid duplication in the work of existing research agencies, to survey needs, to ascertain what research had been done, to facilitate research on a co-operative basis and to recommend further research. The machinery established for these purposes by the Agreement consisted of the Caribbean Commission and two auxiliary bodies—the Caribbean Eesearch Council and the West Indian Conference. The Commission consists of not more than sixteen commissioners appointed by the signatory Governments, each Government having the right to appoint four commissioners one of whom would be nominated as a co-chairman. The WABTIME AND POST-WAß TRENDS 39 powers of the Commission are of a consultative and advisory character. The Commission is required— (1) To concern itself with economic and social matters of common interest to the Caribbean area, particularly agriculture, communications, education, fisheries, health, housing, industry, labour, social welfare and trade. (2) To study, formulate and recommend on its own initiative, or as may be proposed by any of the Member or Territorial Governments, by the Eesearch Council or the Conference, measures, programmes and policies with respect to social and economic problems designed to contribute to the well-being of the Caribbean area. It shall advise the Member and Territorial Governments on all such matters and make recommendations for the carrying into effect of all action necessary or desirable in this connection. (3) To assist in co-ordinating local projects which have regional significance and provide technical guidance from a wide field not otherwise available. (4) To direct and review the activities of the Eesearch Council and formulate its rules of procedure. (5) To provide for the convening of the sessions of the Conference, formulate its rules of procedure and to report to the Member Governments on Conference Eesolutions and Becommendations. The Commission is required by the terms of the Agreement to convene at least two Commission meetings every year. I t is empowered to determine the method of arriving at its decisions on the understanding that no decisions other than those relating to procedure shall be taken without the concurrence of the respective co-chairmen or their designated alternates. The Besearch Council serves as an auxiliary body of the Commission with respect to scientific, technological, social and economic research for the Caribbean area. It is to consist of not less than seven and not more than 15 members appointed by the Commission having special regard to their scientific competence. The Council is empowered to elect its own chairman. Its detailed functions are stated in the following terms : (a) To recommend to the Commission the number and functions of the technical Eesearch Committees necessary to provide specialised scientific consideration of Caribbean research problems. (b) In the interest of the Caribbean area to ascertain what research has been done, to survey needs, to advise concerning desirable research projects, to arrange and facilitate co-operative research, to undertake research assignments of a special nature which no other agency is able and willing to carry out, and to collect and disseminate information concerning research. 4 40 LABOUR POLICIES IN THE WEST INDIES (c) To recommend to the Commission the holding of Eeseareh Council and Committee meetings and also meetings of scientific, specialist and extension workers, and to facilitate an interchange of experience among the research workers of the Caribbean. The functions of the West Indian Conference under the Agreement are to provide a regular means of consultation with and between delegates from the territories on matters of common interest within the terms of reference of the Commission and to afford the opportunity to present to the Commission recommendations on such matters. Each territorial Government is entitled to send to each session of the Conference not more than two delegates and as many advisers as it may consider necessary. Provision is also made for the establishment of a central secretariat at a place within the Caribbean area to be agreed upon by the Member Governments. The structure, competence and special rights and duties of the secretariat are outlined. The Commission and Eeseareh Council are required in their research projects and in the formulation of recommendations to bear in mind the desirability of co-operation in social and economic matters with other Governments of the Caribbean area which are not members of the Commission. I t is provided that the Commission and its auxiliary bodies shall co-operate as fully as possible with the United Nations and with appropriate specialised agencies on matters of mutual concern within the terms of reference of the Commission. The Member Governments undertake to consult with the United Nations and the appropriate specialised agencies at such times and in such manner as may be considered desirable with a view to defining the relationship which shall exist and to ensuring effective co-operation between the Commission and its auxiliary bodies and the appropriate organs of the United Nations and specialised agencies, dealing with economic and social matters. The Agreement entered into force on 6 August 1948, having at that date been ratified by the four signatory Governments. The central secretariat was established in Trinidad. The third session of the West Indian Conference, the theme of which was industrial development, was held in Guadeloupe in December 1948. In addition to the territorial delegations and the Commission, the meeting was attended by observers WABTIME AND POST-WAE TBENDS 41 from Canada, a number of the Caribbean independent republics, the United Nations and the International Labour Office. The fourth session, held in Curaçao in 1950, was concerned with various aspects of West Indian agricultural problems. The fifth session, scheduled for 1952, will have as its main theme, " industrialisation and vocational training ". Since its establishment, the central secretariat has had an active life both in relation to the organisation of the various meetings of the Commission and its associate bodies and in the technical work involved in the preparation for such meetings and in connection with the publications issued under the aegis of the Commission. While the operational problems of the Commission are still considerable and the scope of its activities in relation to the territorial Governments, the metropolitan Governments and world international organisations are not yet fully defined, the machinery established and the purposes that machinery is designed to serve represent a positive contribution to the detailed and empirical study of West Indian social and economic problems, a pre-requisite of social progress at a satisfactory pace in the area. The collaboration which has been worked out between the Commission, on the one hand, and the United Nations and the specialised agencies, on the other, particularly in respect of the Expanded Programme of Technical Assistance 1 should be of direct value in this sense. ALTERING PATTERNS OP ECONOMIC POLICY As has been noted previously, the principal broad distinction in the field of West Indian economic policy as between the period before the second world war and the subsequent period has been the inception of economic planning based on the premise that capital assistance from external sources was necessary to prime the pump of economic development in most West Indian territories if an adequate standard of living was to be provided for their inhabitants. While this increased sense of the urgency of raising living levels in the territories may be regarded as a principal motive in such planning, a number of concurrent factors have also been involved. Development planning for the West Indies and 1 Cf. Chapter IX. 42 LABOUR POLICIES IN THE WEST INDIES other non-metropolitan areas has clearly been promoted by the post-war reconstruction difficulties of some of the metropolitan countries concerned, in particular the need for limiting expenditures in hard currency and expanding the sources of such currency. The long-term economic programmes of the O.E.E.C. countries include development programmes for their non-metropolitan territories. There is also the incentive of securing financial and technical assistance from such sources as the International Bank, E.O.A. and the United Nations and specialised agencies in appropriate cases. Regional Economic Policies The recommendations on economic policy formulated by the West Indian Conference at the four sessions which have been held up to the time of writing represent agreement on a regional basis. These recommendations are in turn studied by the Commission which .may accept, modify or exclude them from consideration. Recommendations for action are then made to the metropolitan Governments concerned and action taken is on a national basis. Only the first stage need here be taken into account. 1 As has been noted above, the first session of the West Indian Conference examined and made recommendations on the following subjects, inter alia: industrial development, re-absorption into civil life of persons engaged in war employment, means of increasing local food production, expansion of fisheries and the planning of public works. The recommendations of the second session covered, inter alia, aspects of the following questions : agricultural diversification, industrial diversification, transportation and trade within the Caribbean. The third session's recommendations covered a wide field, though all were related to the central theme of industrial development. The Conference made recommendations regarding (a) study and action to promote industrial development, paying special attention to the problems of tariff policies and capital investment ; fb) the regional development of tourism ; 1 For an authoritative account of the action taken on recommendations of the first two sessions of the West Indian Conference and Commission action on the recommendations of the third session cf. Caribbean Commission, Central Secretariat : West Indian Conference, Third Session (Port of Spain, Trinidad, 1949). WABTIME AND POST-WAB, TRENDS 43 (c) transport and communications; and (d) migration and labour conditions in the area. The fourth session has had agricultural development as its theme. The body of recommendations on economic policy emerging from the first four sessions of the West Indian Conference are of interest and value largely because of their origin. The questions on which recommendations have been made have in many cases not been clearly delimited and the same question has been in some instances treated by different sessions with somewhat contradictory results. It is hardly to be expected that the Conference will be in a position to work out recommendations capable of being translated into direct and early action until the Conference agenda is of a kind which permits the Conference at any given session to give its views on precise and specific delimited issues. Provision of Financial British Assistance Territories. The pattern of United Kingdom assistance to the British West Indian territories is best understood in the light of the arrangements and policies worked out for the British colonial empire as a whole. Two categories of development schemes are to be distinguished : those connected with the Colonial Development and Welfare Acts of 1940 and 1945 and those connected with the Overseas Eesources Act of 1948. The development planning connected with the Development and Welfare Acts assumes the form of ten-year development plans, prepared by the territories concerned and financed partly from free grants or loans from the United Kingdom Government under the Acts and partly from local resources. Part of the financial assistance provided under the Acts is used for central services and not allocated to particular territories. In all, 21 long-term development plans had been drawn up for the colonies by the middle of 1949 envisaging an expenditure of over £199 million of which £64 million would be paid by the United Kingdom taxpayer out of the funds set aside under the Colonial Development and WeKare Act. Of this expenditure approximately 21 per cent, is earmarked for economic development including agricultural and industrial development, 17 per cent, for basic services such as communications, and 43 per cent, for the social services 44 LABOTJB POLICIES IN THE WEST INDIES such as better health and educational facilities which must go hand in hand with development. The Overseas Eesources Act of 1948 was designed more specifically to increase production levels. I t established the Overseas Food Corporation and the Colonial Development Corporation. The former has borrowing powers up to £55 million and is concerned with the raising of world production of foodstuffs. The task of the Colonial Development Corporation, with borrowing powers up to £110 million, is to study, formulate, and execute plans for the development of the resources of the British territories. In the West Indies, although many projects are under consideration or under way, the impact of the Overseas Food Corporation and the Colonial Development Corporation is still in its early stages. For the implementation of the Colonial Development and Welfare Acts, however, regional machinery for the West Indies has been established for a long time and - action has been extensive. An early result of the British West India Royal Commission, 1938-1939, was the appointment on 1 September 1940 of a Comptroller for Development and Welfare in the British West Indies. The Commission had considered that there was a pressing need for large expenditure on social welfare and development which not even the least poor of the West Indian colonies could hope to undertake from their own resources and had recommended the establishment of a special organisation under the charge of a comptroller to administer any United Kingdom funds so allocated. Such funds should be— . . . to finance schemes for the general improvement of education, the health services, housing and slum clearance, the creation of labour departments, the provision of social welfare facilities, and land settlement, apart from the cost of purchase of land.1 Such activities were to be worked out by the Comptroller with the aid of experts to be attached to him and in consultation with the local governments concerned. The proposed Development and Welfare Organisation should be available to advise colonial administrations in the West Indies and annual reports should be prepared which would help to focus attention in the United Kingdom on progress in the West Indies. Recommendations, op. cit., p . 9. WARTIME AND POST-WAR TRENDS 45 This has been the framework of policy within which Development and Welfare in the West Indies has pursued its function. Only one change of substance was made by the United Kingdom Government in the Commission's original plan in this regard. The Commission recommended the institution of a separate West Indian Welfare Fund to be financed by an annual grant of £1 million from the United Kingdom for a period of twenty years. Instead, the arrangement adopted has been to deal with expenditures on schemes of development and welfare in the West Indies under the Colonial Development and Welfare Act. This Act, as originally enacted in 1940, was intended to provide a sum of £5 million for development and welfare and a sum of £500,000 for research annually over a period of ten years from 1941 to 1951. There was a system of annual accounting by which any part of the £5 million not actually spent during a given year was returned to the British Treasury. Because of wartime developments only about £2 % million of the £20 million provided for the first four years was actually spent and the unspent part ceased to be available. The 1940 Act was amended and supplemented in several important particulars by an Act passed in 1945. Over the ten-year period from 1946 to 1956, £120 million is to be provided for development and welfare ; the maximum annual allocation for research is increased from £500,000 to £1 million ; the system by which unspent balances were returned to the Treasury is terminated and the sole limitation on expenditure is provision that not more than £17% million may be spent on development and welfare in any one year. No specific proportion of the Colonial Development and Welfare Fund was at first allocated to the West Indies. However— from the passing of the Colonial Development and Welfare Act in July 1940 until 31 March 1944 the grants and loans approved under the Act amounted . . . . to £8,019,849 . . .; more than half the sums approved were for the Caribbean, and other grants to a larger amount for this area have been submitted to the Secretary of State or are under negotiation with the local Governors.1 Subsequent, however, to the 1945 amendment to the Colonial Development and Welfare Act, the Secretary of 1 International Labour Office, Studies and Reports, Series B, No. 39 : Social Policy in Dependent Territories (Montreal, 1944), p. 70. 4 46 LABOUR POLICIES IN THE WEST INDIES State prepared a scheme for the division of the £120 million made available. This step was designed to enable the various territories to prepare comprehensive plans of development and welfare with a general knowledge of the sums which might be put at their disposal under the Act. The first group of allocations covered those services which could best be provided for centrally ; the total set aside for this purpose was £23 million, including £4% million for higher education. The allocations to the West Indies were as follows : Thousands of £ 800 2,500 600 6,S00 1,200 1,200 1,850 850 Barbados British Guiana British Honduras Jamaica Leeward Islands Trinidad Windward Islands West Indies — General Total . . . 15,500 The Comptroller's reports for the years 1940-1950 provide a full account of the Organisation's activities during those years. In addition to the work entailed in the preparation of schemes for assistance under the Development and Welfare Act, the experts on the Comptroller's staff have by special studies and by participation in the work of local committees made a real contribution to the solution of West Indian problems both of short-term urgency and of long-range fundamental importance. Thus, to cite the activity of only one expert, the first Economic Adviser's published studies on the national income of four territories and on intercolonial trade as well as his participation in the work of the Trinidad Sugar Industry Committee and of the Jamaica Economic Policy Committee are illustrative of the contribution being made by Development and Welfare. French Territories. Guadeloupe, Martinique and Guiana participate in the very complex arrangements established for social and economic development funds for the overseas territories of the French Union. A Decree of 3 January 1946 set up a general planning board for the modernisation and equipment of the overseas territories of the French Union. The board was made respon- WARTIME AND P0ST-WAK TBENDS 47 sible both for the task of drawing up a comprehensive development plan, embracing all French territories, and for the execution of the plan. The plan presupposes investment of 280,000 million metropolitan French francs over a period of ten years for development and welfare, of which 150,000 million should be expended during the first five years, comprising approximately 100,000 million in the public sector and 50,000 million in the private sector of the plan. The central fund for Overseas France administers a single account consolidating all financial operations in the public sector of the plan. Metropolitan France and the overseas territories make contributions to this account, known as the investment fund for the economic and social development of overseas territories. The metropolitan contribution is not laid down in advance as in the case of the British Development and Welfare Acts, but is provided for through French budgetary machinery. The scope of the plan extends to the entire field of economic and social action in the territories and a number of organisations have been set up which are responsible for special branches of activity financed from public funds or by mixed public and private capital. Because of the recent date at which these arrangements were instituted, little clear information is available as to their practical impact on the French West Indian Departments. A difficulty common to all the territories at the outset was delay in the delivery of materials for the execution of equipment works, which resulted in the special 1947 budgets of the territories being extended to 1 July 1948. The Eeport of the General Planning Board for the first half of 1948 includes among the developments ensuing from application of the Plan the construction of deep-water piers at Fort-de-France, town improvements at Fort-de-France and enlargement of the lepers' hospital in French Guiana. Netherlands Territories. No special assistance has been provided for the Netherlands territories but in 1947 a Surinam development fund was created by the Netherlands Government to assist the development of Surinam. 1 1 Oouvernement8blad, No. 152 of 1947. 48 LABOUR POLICIES IN THE WEST INDIES The sum of 40 million Netherlands florins has been provided to be spent in the five years 1947-1951. The purpose of the fund is to promote economic development and a greater degree of economic self-sufficiency. The development of small and medium-sized agricultural undertakings is a primary aim of policy. Other objectives include the promotion of industrial development, fisheries, cattle breeding, mining and forestry. United Btates Territories. No special funds have been created by the United States Government for providing financial assistance to Puerto Eico and the Virgin Islands since the constitutional relationship existing between the United States and these areas permits federal agencies to operate directly in them. The financial assistance afforded by the United States to its West Indian territories has therefore been channelled through these agencies in accordance with varying needs and policies and has been very substantial in volume. 1 From the date -when Puerto Eico first became an American territory to June 30, 1945, direct financial aid from the federal Government amounted to about $580,000,000. Of this total, 94 per cent, was appropriated in the 1943-1944 decade. 2 Loans from federal agencies amounted to $82 million during the period 1929 to 30 June 1944. The general rule has been that federal appropriations for these territories are administered by federal agencies, although, in some instances, local agencies, for example, the Child Bureau of the Puerto Eican Department of Health, are beginning to administer them. The basic approach to the problem of assistance to Puerto Eico is well defined in the following remarks made by the United States Secretary of the Interior in a general statement before the House Committee on Insular Affairs regarding the objectives of economic policy in Puerto Eico : The federal Government should pay particular heed to the economic program adopted by the insular Government on the theory that local people know best how to meet local needs. The Puerto Bicans should be expected to cope with their local issues to the 1 For a very full account of the operation of Federal Agencies in Puerto Rico, cf. Investigation of Political, Economic and Social Conditions in Puerto Rico Pursuant to H. Res. 159. Part 19, Federal A gencies Operating in Puerto Rico (Washington, 1944). 2 A. B. Fox : Freedom and Welfare in the Caribbean (New York, 1949)', p. 97. WABTIME AND POST-WAB TBENDS 49 extent that their resources permit, but, where local resources are not adequate, federal funds should be used to give supplementary aid in the development of a broad-gauge, continuous, positive program of education, health, agriculture and industry . . . . Puerto Eico should participate in any post-war public works program that the Congress may authorise and in this Puerto Bieo should receive comparable treatment with mainland areas. It already has well developed plans for a program initiated on its own account and a federal program should supplement that. It is believed that, whatever the federal Government does in or for Puerto Eico, the population there will remain too large to be entirely supported by the meager agricultural resources of the island and that it will be necessary for the island to industrialise. The island has a large potential labor force which should be put to productive work. The industries that are started should be economically sound and should not be enterprises which have to rely upon trade barriers in order to survive. The Puerto Eican Government is now pressing an industrialisation program. It is seeking to persuade private capital to enter the field. It has established a development company with somewhat the same function as the Eeconstruction Finance Corporation.1 Territorial Development Planning While a detailed account of the work of the local governments and the effort at the territorial level to achieve better co-ordination of utilisation of resources and of the external financial assistance made available is beyond the scope of the present study, certain broad trends need to be noted. The principal incentive for economic planning at the territorial level has been-the provision of external financial assistance for social and economic development. The terms of such assistance have usually required the preparation of plans, such as the ten-year development plans of the British territories, to indicate the needs of the territories and to justify the expenditures proposed. In general, little new permanent machinery has been created for this purpose, though in Trinidad, British Guiana and Jamaica, for example, special staff to deal with economic planning questions has been introduced and Puerto Eico has established planning arrangements which will be separately treated. Territorial planning has been done principally through ad hoc committees and commissions dealing with particular aspects of economic problems and often assisted and guided by outside experts. The number of such committees 1 General statement of the Secretary of the Interior before the House Committee on Insular Affairs, 11 May 1944. 50 LABOUR POLICIES IN THE WEST INDIES and commissions has been considerable in the West Indies during the past decade. Mention should also be made of the incentives offered by a number of local governments to promote industrial development by providing tax exemptions for certain new industries. Apart from Puerto Eico, where much concrete achievement through such provision is already evident, similar legislation exists, for example, in Trinidad 1 and Jamaica 2, and a Bill for this purpose was introduced in Barbados in 1949. One difficulty in the British territories in respect of this legislation deserves to be noted : it offers no direct incentive to United Kingdom capital since the United Kingdom Treasury has not established arrangements to ensure that such tax relief is not reabsorbed by United Kingdom taxes. Puerto Eico has gone much further than other territories in the area in the direction of providing machinery for planning economic and social development. Planning operations are centralised in the Puerto Eico Planning, Urbanising and Zoning Board which was created by law in May 1942 and began its work towards the end of that year. Among its principal functions is the annual drafting of a six-year financial programme to be laid before the insular Legislature. The field of activity incumbent upon the board in pursuance of this function is extensive. Its task is not in practice confined to a consideration of projects and expenditures submitted to it by other governmental agencies ; much of the necessary research inherent in making the decisions as to the relative social utility of different projects and avenues of expenditure implied by planning are undertaken under the aegis of the board. Two of the principal instruments of the Government of Puerto Eico for promoting economic and industrial development are the Development Bank and the Industrial Development Company. The Bank is authorised by law to issue loans subject to certain safeguards for the expansion of existing undertakings and for assisting the establishment of new undertakings. The Company was created— . . . to develop the resources of Puerto Eico and to investigate the possibilities and effective methods of promoting their proper utilisation through the establishment of industrial, mining, com1 2 The Income Tax (In Aid of Industry) Ordinance, 1947, No. 27 of 1947. The Pioneer Industries (Encouragement) Law, 1949, No. 13 of 1949. WARTIME AND POST-WAR TRENDS 51 merce and co-operative enterprises and educational programs, as well as to conduct research and experimentation in the marketing, distribution, advertising and exporting of all products of Puerto Eico and the needs and desires of the consumers for such products. In addition, the Company was authorised to own, establish and operate new enterprises for the purpose of exploiting and distributing products manufactured from raw materials available on the island.1 The Company's range of operation was subsequently enlarged to cover undertakings utilising specified raw materials whether or not the raw materials required were obtained in Puerto Eico. The Company has built and operated several factories. Its present emphasis is on encouragement of new industries operated by private capital and it is planning to dispose of some of the plants which have demonstrated the practicability of the establishment in Puerto Eico of undertakings carrying on the particular processes involved. The Puerto Eican Development Program has also involved the creation of a number of governmental corporations such as the Land Authority and the Water Eesources Authority. WARTIME AND POST-WAR ECONOMIC CHANGES The changes which wartime problems and policies effected in West Indian economic conditions fall principally under the following heads : (a) effect of the war on the production and sale of commodities normally entering in the export trade ; (b) increase of food production and the promotion of fisheries ; (o) industrial expansion ; (d) economic effects of the construction of United States bases ; (e) wartime migration for employment ; (f) enlistment in the armed forces ; and (g) increase in trade within the West Indian area. In so far as these changes concern the utilisation of manpower, they are treated in more detail in Chapter I I I . Shipping difficulties constituted the crux of the problems created. The importation of foodstuffs to support life and facilities for disposal of specialised exports to provide purchasing power are vital to the Caribbean country. A variety of strategic materials of importance for the war effort was produced in the area. This set of circumstances underlay the whole range of problems to which the war gave rise. 1 Anglo-American Caribbean Commission : Industrial Development of Puerto Rico and the Virgin Islands of the United States. United States Section (Washington, United States Government Printing Office, July 1948), pp. 29-30. 52 LABOUR POLICIES IN THE WEST INDIES The Anglo-American Caribbean Commission participated in the shaping of policy to meet wartime economic problems in the British and American territories. The relationships between the British Section, the Colonial Office, the British Colonies Supply Mission in Washington and the West Indian Development and Welfare Organisation on the one hand, and between the American Section of the Caribbean Office in tha Office of Lend-Lease Administration, the Department of State and other agencies facilitated both inter-agency and international co-ordination. Of importance for meeting the shipping problem were the organisation of the West Indian schooner pool and the inauguration of the emergency land-water highway ; the former " to operate in inter-island trade from the Leeward Islands in the north to British Guiana in the south ", the latter to provide a " safe transportation service from the mainland of the United States on the west to Puerto Eico on the east ". 1 A variety of measures were introduced in the different territories to increase local food production. Undertakings were entered into for the purchase and storing of crops, the removal of which was precluded by shipping shortages. Economic controls were instituted, notably rationing, price control, subsidisation and the regulation of imports and exports. Since 1940, the United Kingdom Government has been purchasing the entire British West Indies sugar crop. On 26 January 1944 the following Government statement was made in the House of Commons : In order to encourage sugar producers in the colonies and to afford them security, H.M. Government authorise the Ministry of Pood to undertake to purchase the total exportable surpluses up to the end of 1946 in return for undertaking to make those surpluses in their entirety available to the Ministry . . . . H.M. Government wish to acknowledge the co-operation which they have received throughout the war from sugar producers and they are glad, by means of the three-year contracts, to afford the industry a considerable degree of security and thereby enable them to make their full contribution to immediate and post-war needs.2 Subsequent undertakings have extended the arrangements to 1952 and the entire question of long-term bulk purchasing 1 United States Section, Anglo-American Caribbean Commission : The Caribbean Islands and the War (United States Government Printing Office, Washington, 1943), p. 26. 8 Cf. Parliamentary Debates, House of Commons, London, 26 Jan. 1944. WARTIME AND POST-WAR TRENDS 53 of the West Indian sugar crop is again under review at the time of writing. Since the purchase of the sugar crop has not been conditional on the availability of shipping, the British West Indian sugar industry was not affected by the shipping shortage. Its main difficulties were : loss of manpower to more lucrative forms of employment such as the United States bases ; the requirement to devote land to the growing of local foods ; inability to obtain the necessary quantity of fertilisers, and inability to replace machinery and rolling stock as necessary. In Jamaica, the banana industry was seriously affected by the decision of the British Government on 26 November 1940 to prohibit the export of bananas to the United Kingdom because of the shortage of shipping. The British Government, however, guaranteed annually the purchase of a limited number of stems without regard to the availability of shipping ; surpluses entered into expanded local consumption. All cocoa and coffee intended for shipment abroad were purchased by the Government of Jamaica ; the citrus fruit crop was purchased by the British Government. Under war conditions the sugar industry has continued to expand. Not only has there been an increase in the total acreage in cane, but a very much higher yield per acre has been obtained.1 In Trinidad, because of the opportunities of employment offered by the United States bases, there was a labour shortage in the sugar industry and a reduction in planting, and the local government found it necessary to take steps to afford the industry special assistance. Conversion of some cocoa lands to sugar cane occurred. The citrus crop was purchased by the United Kingdom Government as in Jamaica and elsewhere. In British Guiana, shipping difficulties in 1942 led the Secretary of State to issue instructions for a " drastic and immediate adjustment " of the sugar position— . . . while all steps should be taken to safeguard as much as possible the economic position of the industry by payment for such part of the crop which may have to be sacrificed during 1943, the imphcation was clear and definite that curtailment of production must be envisaged and priority given 2to food production and the employment of labour in that capacity. 1 Annual Report of the Department of Agriculture for the Year ended 31 March 1942 (Jamaica, 1943). 2 Report of the Department of Agriculture, British Chiiana (Georgetown, 1943), p. 2. 54 LABOUR POLICIES IN THE WEST INDIES In the rice industry, there was an expansion of production for export to other Caribbean areas to replace the rice previously imported from the Far East. Bauxite production expanded greatly ; in 1943 1,901,393 tons of bauxite were exported as compared with 476,040 tons in 1939, but during 1944 the figure dropped to 873,969 tons. By 1948 the export level had risen again to 1,873,166 tons. In the smaller British territories, wartime conditions had widely varying effects on the pattern of production. I n the Leeward Islands, the entire cotton crop as well as the sugar crop was purchased by the British Government. In Dominica, most export items continued to be produced at approximately pre-war levels ; the Government of Dominica was, however, obliged to purchase a certain quantity of unexportable bananas. In St. Lucia, employment opportunities on the United States bases occasioned a shortage of estate labour. In Grenada, the banana industry suffered considerably. Because of the shortage of shipping, the wartime exports of Puerto Bico and the Virgin Islands to the continent of the United States were— . . . limited to commodities regarded as necessary by the War Production Board and the War Food Administration . . . but, in order to ensure the continuance of all the industries necessary to employment in Puerto Eico, authority has been given to the Government of Puerto Eico to designate the use to be made of 10 per cent, of the space available in vessels which are controlled by the War Shipping Administration and which sail between the Caribbean and the United States.1 During the first years after 1939 Puerto Eico did not suffer markedly from change of conditions and 1941 was even a relatively prosperous year because of the defence programme. Subsequently the situation deteriorated and the sugar and needlework industries suffered a severe setback during the war period. Increasing local food production was essential to the adaptation of Caribbean economies to wartime conditions. I n Barbados, Jamaica and Trinidad compulsory measures to this end were adopted ; in other British and American territories, the same policy was forwarded by less stringent methods. The results of some of these programmes are of interest. The Caribbean Islands and the War, op. cit., p. 37. WAETIME AND POST-WAK TRENDS 55 . . . Puerto Eico's 23 per cent, increase in food production in 1942 as compared with the pre-war period ; the conversion of 15,000 acres to food production in Trinidad ; the abolition of the need of Jamaica (normally a large rice-importing island) to import rice, in view of the sufficiency of home-grown carbohydrates ; . . . in Barbados, the planting of ground provisions on 35 per cent, of the land of the sugar cane growers, resulting in a total production of carbohydrates sufficient to offset all of Barbados' pre-war import of rice and 50 per cent, of its pre-war import of flour. 1 In British Guiana an expansion of rice production for export and extensions of ground provisions, and an increase in food production for export in Dominica and St. Lucia have been noteworthy. Direct incentives to increased food production ranged from the United States Government's guarantee to purchase at fair prices the exportable surplus of certain foods from some of the islands for distribution in others to the municipal appropriations on the island of St. Thomas which were used to provide a direct labour subsidy intended to encourage increased production of vegetables and locally grown products. 2 Salted fish has been a significant import into the Caribbean ever since the slavery period. When shipping difficulties precluded importation, steps were taken to investigate the possibilities of increasing supply from local sources. Eesearch into fishery resources by the Anglo-American Fishery Survey —under the aegis of the Anglo-American Caribbean Commission—was undertaken in south eastern Caribbean waters. Local governments showed considerable activity in facing this problem : in Puerto Bico, for example, considerable funds were appropriated for the purchase of fishing-gear replacements for resale to fishermen at cost, the provision of refrigeration machinery, and the construction of cold-storage depots and docking facilities. T h e . Government of Puerto Rico also assisted in the organisation of co-operatives in the fishing communities. 3 In the circumstances, it was to be expected that the expansion of local food production and fisheries were among the points examined at the 1944 West Indian Conference. Among the measures recommended for providing for the increased local production of foods were the encouragement ilbid., pp. 30-31. Of. Annual Report of the Governor of the Virgin Islands, Fiscal Year ended 30 June 1943 (Washington, 1943), p. 2. 3 Ibid., p. 54. 2 56 LABOUR POLICIES IIS* THE WEST INDIES of mixed farming, the provision of land holdings for small settlers, and facilities for processing and storing perishable foodstuffs. Governments should be empowered to acquire land where it was not being put to its best use, and should consider the possibility of supplying the needs of other territories in the Caribbean area. Incentives were suggested for increasing the production of foods having a high nutritional value. I t should be an aim of policy to ensure that the necessary food was available at all income levels. Stress was laid on the promotion of inter-island trade agreements and shipping facilities, and on the inculcation of healthy food habits through education and experience. The Caribbean Eesearch Council should undertake research into the development and adaptation of foods of high nutritional and protective value. The Caribbean territories should aim at achieving, during the war, the maximum possible degree of self-sufficiency. The recommendations covered, inter alia, technical means of expansion ; the continuation of support to the Anglo-American Fishery Survey ; the application and extension of co-operative principles with regard to marketing, credit and savings, purchase of gear, and insurance ; the provision of educational facilities for fishermen ; the appointment and training of fishery officers ; the establishment of a Fishery Eesearch Institute in the British West Indies ; suggestions for special detailed investigations ; and the investigation of the potentialities of freshwater fisheries. The industrial development which took place in the West Indies, limited as it has been in scope, fell into three clearlydefined classes. On the one hand, industries whose products were of marked importance to the war effort, such as the bauxite industry in British Guiana and Surinam, developed under war conditions. Other industries developed because of the shipping situation and import restrictions. To this second class belong such developments as the expansion of the cement industry and the construction of a plant for the production of bottles in Puerto Eico ; production of cassava flour and increased production of soap and vegetable oils in Barbados ; expansion of copra products 1, of production of cassava flour and banana flour in Jamaica and increased manufacture of matches, soap, margarine and jellies in British Guiana. Finally, 1 The export of copra products from the British West Indies was prohibited during the war so as to promote the self-sufficiency of the area in fats and oils. WARTIME AND POST-WAR TRENDS 57 in Puerto Eico, industrial development under the Development Company was and has been essentially deliberate general Government policy. The construction of bases by the United States Government in British, Netherlands and American territories had considerable effect on the economic life of the areas concerned. In most areas these effects were limited to raising temporarily the level of employment in a region in which unemployment and under-employment are chronic, and in which war conditions had had a further adverse effect on employment in staple industries. But in others these effects were of more questionable value. One report on conditions in Trinidad 1 refers to— . . . the artificial position created by the inflated purchasing power of the United States personnel stationed in the heart of the northern sugar area. This extraordinary increase in currency is exchanged in concentrated areas for a variety of satisfactions, which are widely demanded by United States personnel, and as widely supplied by local residents who would otherwise be available for work in the sugar industry. In this connection we are of the opinion that everything we might recommend or anything which the sugar industry might do to induce sugar workers to accept employment in the industry, or to increase output, could not possibly compete with such an artificial and disturbing economic feature. In St. Lucia, the Administrator at the end of 1943 said— Increasing numbers of labourers are now being discharged from employment at the bases, and very large numbers of persons formerly engaged in whole-time and part-time food production, including fishing, and on the estates will, it is hoped and believed, return to their former occupations.2 I t was also revealed that— . . . peasant agriculture has suffered from considerable neglect and most estates have been unable to obtain sufficient labour to carry on their work.3 A more detailed account is provided later of the migration from the British dependencies for employment which has occurred. But in any general picture of economic conditions 1 Trinidad and Tobago, Council Paper No. 1 of 1944, Report of the Committee Appointed to Enquire into the Sugar Industry (Port of Spain, Government Printer, 1944), p. 39. 2 Address to the Legislative Council, 18 Dec. 1943 (Castries, Government Printing Office, 1944), p. 2. 3 Review of the Operation of Government Departments, St. Lucia, up to 31 Oct. 1942 (Castries, Government Printing Office, 1943), p. 2. 58 LABOUR POLICIES IN THE WEST INDIES reference must be made to the increased purchasing power accruing from remittances from the employment of British West Indian workers on the Panama Canal, on construction work in the American Virgin Islands, as agricultural workers in the United States, in forestry and industry in Britain. The absorption of men into the armed forces, though on a relatively small scale, is also of relevance through its relation to present and future employment questions. The problem which now looms is that of the renewal of the migration movement. Increase in trade among the West Indian territories themselves has always been limited by the shortage of transport facilities and the fact that the products of the different territories are competitive rather than complementary ; to some degree also by import and export restrictions. But trade with the independent islands in the Caribbean showed a notable increase and other developments included the increased export of rice and matches from British Guiana to neighbouring territories. Less information on wartime changes in the economies of the Netherlands and French territories is available than for the British and American areas. In Curaçao, the refining of petroleum products had greatly developed between 1933 and 1937, until in the latter year petroleum and products accounted for 98.9 per cent, of the territory's exports ; agricultural production was minimal and foodstuffs were for the most part imported from the United States. Under war conditions, according to one account— . . . the decrease in the output of oil following the first torpedoings has been succeeded by a new programme of modernisation and by greatly accelerated production in the . . . refineries 1, and Venezuela supplies a substantial part of the food consumed. In Surinam, bauxite was easily the most important export ; sugar products, tobacco, coffee and gold were also of some consequence ; one third of the cultivated area was in large plantations and the rest in small holdings. War conditions did not create a serious food problem, since the territory was virtually self-sufficient in essential foodstuffs, but— . . . the agriculture of Surinam . . . has suffered from the loss of its European markets, and markets in the United States could not be developed because of the curtailment of shipping space. The 1 Hiss : op. cit., p. 171. WARTIME AND POST-WAR TRENDS 59 production of bauxite also has been limited 1by the available shipping rather than by the capacities of the plants. As a result of the increased production of bauxite, the labour force was concentrated on this industry and agricultural production decreased. I n 1943, the production of bauxite was at its maximum and after that year agricultural production increased. SURINAM : AGRICULTURAL PRODUCTION, 1939-1946 (in metric tons) Year 1939 1940 1941 1942 1943 1944 1945 1946 . . . . . . . . . . Rice Coffee Sugar 40,902 32,064 50,451 40,856 32,632 33,577 37,144 51,470 4,136 877 1,283 799 660 325 414 364 11,154 9,185 15,008 14,125 7,263 3,368 4,315 4,653 Source: Economisch-Statistisch Kwartaalbericht, Mar. 1948, p. 11. The dependence of Martinique and Guadeloupe on the export of sugar products to metropolitan France was virtually complete in pre-war years, and the impact of the war was especially severe as the territories were blockaded for part of the war. A former member of the administration of one of the islands wrote in 1943— The economic situation of the islands is almost desperate . . . the sharp reduction of exports to France since 1940 has caused widespread unemployment.2 A high percentage of workers formerly engaged in agricultural production for export had to resort to subsistence farming, in view of the critical food situation and the former dependence of these territories on imported food. The above account has been devoted primarily to wartime conditions, though some developments have been followed into the post-war period. A few notes on post-war trends will serve to complete the picture. 1 Hiss : op. cit., p. 172. J. C. de la BOCHE : " Tension in the R-ench West Indies " , in Foreign Affairs, Apr. 1943, p. 564. 8 60 LABOUR POLICIES IN THE WEST INDIES I t should be noted, in the first place, that world monetary problems have had a very direct impact on the West Indies. While avoiding any detailed analysis of a situation which cannot possibly be regarded as permanent, hard currency shortages, inconvertibility and the measures employed, for example, in the sterling areas, to limit purchases from hardcurrency areas have done a good deal, inter alia, to alter earlier trade patterns and to create new difficulties in the procurement of manufactured goods in short supply. The devaluation of a number of currencies is beginning to be reflected in price trends, but its effect has to some extent been limited by the import restrictions to which reference has been made above. The difficulties of the all-important sugar industry during the war period have to a large extent been eliminated in the post-war period, and in many territories, for example, British Guiana, mechanisation has made considerable progress. I n Puerto Eico, the Land Authority has proceeded with the reorganisation of the industry along the lines required by the 500-Acre Law and in accordance with the policies it has worked out in regard to proportional profit-farming and resettlement. In general, production levels in other export industries have at least regained their post-war levels, though a few structural changes are to be noted such as the reduction of banana production and the increase of sugar production in Jamaica. Difficulties remain, however, for many territories in renewing and increasing capital equipment because of the sellers' market existing during the immediate post-war years and shortages of hard currency. I t cannot be said that much progress has been made in the development of new industry except in Puerto Bico. There have been a number of sporadic developments in other territories, for example the building of a textile mill in Jamaica, but it is only in Puerto Eico that fundamental developments on a noticeable scale have taken place. The success of the Development Company is marked not only by the plants which it has established and operated but by the rapidly increasing number of undertakings which have been induced to begin operations in Puerto Eico. The general Government policy of Puerto Eico has provided in this respect valuable assistance notably through tax exemption legislation for new industries and a largescale technical and vocational training programme to provide the skills required for the establishment of new undertakings. WARTIME AND POST-WAR TRENDS 61 Population and manpower problems are examined in Chapter I I I . Here reference need be made only to the situation in its broadest aspects. The population in the area as a whole continues to rise at a relatively rapid rate ; the pace of economic development in virtually all territories is inadequate to cope with the increase while at the same time the demand for higher living standards becomes more insistent ; the outlets for migration are few in present circumstanees and cannot be regarded as offering a solution to population pressure. One further factor of basic significance requires to be noted—the fact that the terms of trade of most West Indian territories have become much less favourable than before the outbreak of the second world war. This question is dealt with in detail in Chapter V in relation to remuneration and the cost of living, but the following figures reveal the situation in one territory and is indicative of a general pattern. 1 In Trinidad in 1948, t h e price of sugar was 174 per cent, of t h e 1939 price ; corresponding indices of some items which Trinidad imports were : rice 180 ; salt fish 338 ; cotton prints 525 ; cotton shirtings 480 ; galvanised sheets 200 ; lumber (fir) 283 and lumber (pitch pine) 206. EXPANSION OP SOCIAL SERVICES I t is not proposed to examine in detail the development of the social services in the West Indies since 1939, particularly since a number of the questions involved are dealt with elsewhere in the study ; for example, public health facilities and social welfare organisation and activities in Chapter VII. The limited field of reference here will be to general trends and to certain specific developments in the fields of housing and education. The first point of general interest is the fact that a considerable proportion of the special funds for social' and economic development which have been made available to the West Indian territories have been utilised in the provision of social services. The expenditures of most territories in this field have therefore considerably expanded during the period studied in the present chapter. 1 Figures taken from : Report of the Commission Appointed to Enquire into the Working of the Sugar Industry in Trinidad (Trinidad, Government Printer, 1949), pp. 87 et seq. 62 LABOUR POLICIES IN THE WEST INDIES Secondly, expert assistance for the reorganisation of the social services and the training of the staff required to operate these services has been a significant aspect of the help provided by the metropolitan countries. The advisory function of Development and Welfare in the W.est Indies is perhaps the most striking example of this form of technical assistance, but its counterpart is found in the operation of federal agencies in the United States territories and the provision of experts from the Netherlands to assist Surinam to utilise effectively the Surinam Development Fund. Scholarships have been provided on a much wider scale than formerly for the purpose of training local personnel, and a number of courses designed for this purpose have been held both in the West Indies and in the metropolitan countries concerned. Thirdly, it should be noted that, while there is much concrete evidence of progress in some territories, the impact of expanded social services on everyday Ufe in the territories is not yet far-reaching. The different pace at which developments have taken place in different territories and the apparently slow general rate of change is partly to be explained by difficulties in the way of carrying out planned expenditures, either because of general wartime and post-war shortages of equipment and personnel or because of the more specific financial difficulty of securing the necessary exchange for purchases from hard-currency areas. During the period, comprehensive building programmes for schools and teachers' houses in the British territories have been outlined and a number of grants for this purpose approved from Development and Welfare funds ; the amount so allocated during the period 1939-1945 was £ 1 % million. Other grants have been made for school equipment. Funds have been provided for Government assistance in the provision of school meals, free where warranted by circumstances, though extensive gaps in regard to such provision remain. The recommendations of the Eoyal Commission, 1938-1939, are being largely followed in educational reorganisation and the revision of curricula but, owing to the expense which otherwise would be incurred, the pupil-teacher system has been retained. Grants for building purposes, equipment and books have been applicable to secondary as well as to primary schools. The establishment of the University College of the (British) West Indies has been one of the achievements of the period. WAETIMB AJÍ» POST-WAE TRENDS 63 Benewed attention and financial assistance have been directed to vocational and technical education, though on a modest scale. A Town Planning Adviser to Development and Welfare in the West Indies was appointed in 1944 in accordance with the Eoyal Commission's recommendations. Legislation has been enacted or is under consideration in most territories to provide Government with powers to control the siting of new housing with regard to considerations of health, sanitation and water supply, for condemning and clearing bad slum housing and for the compulsory acquisition of land for housing. In Barbados, British Guiana and Trinidad, local Housing Committees or Commissions have been surveying the field and have made recommendations. The Eoyal Commission recommended that " in the case of estate housing, estates should provide the land, including vegetable plots, and give reasonable security of tenure, and the houses should be built under approved schemes financed by Government at low rates of interest, rent being charged against a corresponding increase in wages in those where, as is usual, rent is now only nominal ". A Development and Welfare memorandum on housing suggests, in regard to this type of housing, that the following methods be used : (1) the estate might make available land for housing, either free or on long lease or by sale to the Colonial Government ; the labourer then to be assisted by the Colonial Government to provide a house for himself on this land ; (2) the Colonial Government might issue loans at low rates of interest to estate owners to enable them to repair such housing as they already provide for their workers. Governments have been somewhat slow in implementing their side of these proposed arrangements, even though in a number of cases employers have provided land for carrying out the first set of arrangements. Expansion of educational facilities and large increases in Government expenditure on education have marked the past decade in Puerto Eico. The Department of Education prepared in 1944 a six-year plan covering the years 1944-1945 to 19491950 designed to extend equal educational facilities to the entire school population between the ages of five and seventeen years at an estimated cost of $135 million. This emphasis in education planning derives from the inequality of educational 64 LABOUR POLICIES IN THE WEST INDIES opportunities prevailing not only between urban communities but also within particular communities— Of the total school population of the island, only 50.1 per cent. attended school during the year (1943-1944). In the rural zones, 22.16 per cent, of the pupils attended only half-days under the double enrolment plan. In the urban zones, the situation was somewhat better, although 44.32 per cent, of the total urban enrolment attended school for only half a day or less. More than 50 per cent, of the children who enrol in the first grade of the urban schools complete their elementary education. Approximately the same proportion1 of those entering rural schools stay only through the fourth grade. In the first six-year financial programme submitted to the insular legislature, provision was made for a total expenditure of $12,876,000 for the expansion of educational facilities, exclusive of the University of Puerto Eico. Almost all of this was to be used for the construction of 9,300 additional classrooms and the acquisition of land for school sites. In addition, something over a million dollars was included for vocational education. Since the war, special attention has been given to an educational programme for veterans. Further impetus was given to this programme by Government allocation of $500,000 on 1 July 1948 to the Department of Education for further expansion of educational facilities, especially as regards vocational training for veterans. During the financial year 1947-1948, 48 school buildings with 224 classrooms were constructed and 26 other such buildings were under construction. During the same period, 21 school farms and 52 new school building sites were purchased and construction of three new vocational schools with an enrolment capacity of 1,000 each was due to begin shortly, the sites having been selected and the building materials secured. During the same year, 1,413 school lunchrooms were functioning, serving free meals to an average of 158,000 children a day. 2 Both insular and federal funds have contributed to the large-scale rehousing programme undertaken in Puerto Eico 1 Meinorandum on Item 1 on the Agenda of the Second Session, West Indian Conference, 1946 (Washington, Anglo-American Caribbean, Jan. 1946), p. 30. 2 Forty-Eighth Annual Report of the Governor of Puerto Rico for the Fiscal Tear 1947-1948 (San Juan, P.R., 1949), pp. 20-21. WARTIME AND POST-WAR TRENDS 65 during the past decade. The Public Housing Administration represents the purely federal side of the machinery established in Puerto Eico to administer these funds. Locally, the financial means provided by both federal and insular funds have been channelled through the Housing Authorities set up under the Insular Housing Act of 1938 : the Ponce Authority, the San Juan Authority, the Mayaguez Authority, the Arecibo Authority and the Puerto Eico Housing Authority. During the ten years 1938-1948, the P.E.H.A.'s operations involved the construction of 21 housing projects with 3,295 dwelling units for over 16,000 persons and four land and utilities projects with 209 lots for over 1,000 persons. The Authority's responsibilities involve not only the provision of housing facilities for low income families transferred from slum areas but also efforts to improve the social and civic standards of its tenants by a programme of community social activities. 1 In Surinam, one of the earliest developments in connection with the Surinam Development Fund was the construction at Paramaribo of 700 houses in stone, subsidised by the Fund. The information available on housing conditions in the French territories suggests that less progress has been made here than elsewhere in improving housing conditions during the period under consideration. The Eeport of a Commission of the French Council of the Eepublic which visited the territories in 1947 includes very severe strictures on existing housing conditions and summarised the situation in the following terms : To state the facts with brutal frankness, the slave's hut must be eliminated and everyone assured the normal living quarters of free men.2 The Commission also expressed dissatisfaction with educational facilities and noted the following illiteracy figures s : Martinique Guadeloupe Guiana 1 2 per cent. 24 29 41 Cf. also CRANE : op. cit., p . 608. Conseil de la République : Rapport d'Information Fait au Nom de la Commission du Travail et de la Sécurité Sociale sur l'Extension aux Départements d'Outre-Mer de la Legislation de /Sécurité Sociale Applicable à la Métropole. Annexe au procèsverbal de la séance du 25 octobre 1949, p . 48. 3 Ibid., p . 146. 66 LABOUR POLICIES IN THE WEST INDIES POLITICAL ORGANISATION During the period 1939-1949, important changes in the political organisation of most West Indian territories took place and further developments seem likely in the early future. Some reference to the character of these changes is here desirable for the purposes of (a) clarifying the position as to the relative spheres of competence of the local governments and metropolitan Governments respectively and (b) examining the situation in regard to voting rights. The first question is of direct interest to the International Labour Organisation in view of the extent of development of local self-government in non-metropolitan territories. The main issue is that of the situation which arises when a metropolitan power, as a Member State, is called upon to implement obligations in regard to territories it administers, even when these obligations cover issues in respect of which the local governments of these territories are, in fact, the competent authorities, and when in some of these territories there is a representative or a responsible form of government. 1 The relevance of the second question is the clear relation in societies with democratic objectives between the composition of the electorate and the interests represented in elected councils ; in the present context, the extent to which workers have voting rights is the pertinent issue. The relative degrees of internal autonomy of the British West Indies are in part indicated by their constitutional status. The historic form of representative government is to be found in the Bahamas, Barbados and Bermuda—bicameral legislatures, of which the lower Houses are composed entirely of elected members. In these territories, except in unusual circumstances, neither the local Governor nor the British metropolitan authorities can require the adoption of legislation except through persuasion of a majority of members (elected on a limited franchise), and in two of these territories labour legislation lags behind general standards. In Jamaica a new Constitution came into force in 1945. Under its terms, a bicameral legislature was set up comprising (1) a Legislative 1 The Constitution of the International Labour Organisation now makes provision both for a form of representation for the more advanced non-metropolitan territories at the International Labour Conference and provides a more elastic formula for the application, and reports on the application, of Conventions to such territories. WARTIME AND POST-WAR TRENDS 67 Council consisting of three ex officio members, not more than two official members and not less than ten unofficial members, and (2) a House of Eepresentatives of 32 members, all elected. Of special interest is the composition of the Executive Council which, under the British system, is the principal instrument of policy : it consists of the Governor as chairman, three official members, two nominated unofficial members and five members of the House of Eepresentatives, the five last-named being elected by the House itself. This latter arrangement in effect sets up a quasi-ministerial system, a substantial advance. In the other British dependencies, the legislature consists of one House, usually termed the Legislative Council, which includes official members, nominated unofficial members and elected members in varying proportions. In British Guiana and British Honduras there is a clear majority of elected members. In the other territories (taking into account only the federal legislatures in the Leeward and Windward Islands), the number of unofficial members, nominated and elected taken together, exceed the number of official members (with the exception of the Leeward Islands), and the nominated group (official and unofficial taken together) approximately balances the elected group, with some provision to ensure the passage of measures considered by the Government to be of paramount importance. In the American Virgin Islands there is a legislative assembly made up of the membership of the two municipal councils *, which also retain considerable powers. All members of these legislatures are elected. The report of the Governor of the Virgin Islands for 1940 2 states : (The Organic Act) . . . conferred a large degree of local autonomy on the inhabitants of the Virgin Islands and has introduced the basic concepts of democratic government into the framework of local political organisation. In Puerto Eico there is a bicameral legislature composed of a Senate and House of Eepresentatives. The terms of the Organic Act of Puerto Eico provide that the Senate shall consist of nineteen members elected for terms of four years and the 1 The Council of the Municipality of St. Thomas and St. John and the Council of the Municipality of St. Croix. 2 Annual Report of the Governor of the Virgin Islands to the Secretary of the Interior, for the Fiscal Year ended 30 June 1940 (Washington, U.S. Government Printing Office, 1940), p. 48. 68 LABOUR POLICIES IN THE WEST INDIES House of Eepresentatives of 39 members elected quadrennially. The respective spheres of competence of the insular and federal Governments are only delimited through various controls exercised by the latter. The most relevant of these are : (a) the authority of the United States Congress to amend any law enacted by the Legislature of Puerto Eico, a power which has in practice never been exercised ; (b) the ability of the United States Congress to pass legislation binding on and enforceable in Puerto Eico, and (c) a system of judicial review similar to that obtaining under the United States Constitution in accordance with the principle of the " division of powers " and in regard to which the United States Supreme Court is the highest authority for Puerto Eico. A number of Bills to amend the Organic Act so as to lessen these limitations on Puerto Bican sovereignty have been recently and are still under consideration in the United States Congress ; a recent advance has been the passage of legislation under which the Governor is now elected by the people of Puerto Eico ; formerly he was nominated by the President of the United States. One important difference between the British and American systems needs to be underlined. In British territories the executive functions of government in all cases operate through the local authorities. The senior public officers are members of the British Colonial Civil Service and subject to appointment, transfer, promotion and retirement according to the instructions of the Secretary of State for the Colonies. During their service in any territory, however, they are responsible to the authorities in the territories up to the Governors. In the American territories, while there are insular officers similarly responsible to the Governors, agencies of the federal Government also operate in executive capacities. Before the outbreak of the second world war, Martinique, Guadeloupe and French Guiana all had direct representation in the central French legislature ; Martinique and Guadeloupe each sent one senator and two deputies. French Guiana had one deputy. In both Martinique and Guadeloupe the local legislatures, called General Councils, had an entirely elected composition. In French Guiana, a smaller General Council was elected by resident French citizens. On 16 March 1946, the French legislature adopted a Decree under which the French West Indies attained the status of Departments. WAKTIME AND POST-WAR TRENDS 69 Constitutions introduced recently into the Netherlands territories make provision for wider local powers and an important extension of the suffrage. A system of quasiministerial responsibility has been introduced, under which members of the Executive Council are appointed in consultation with the legislature and need to retain its confidence. Legislation requires the signature of the responsible member of the Executive Council. The two territories now have their own independent budgets, which need no longer be approved by the Netherlands Government. The Legislative Assembly consists of 21 members, elected by all residents who are Netherlands subjects and over 23 years of age. The internal and external constitutional structure of the territories and their relations with the Netherlands Kingdom and the Netherlands Indonesian Union are at present being re-examined. In the British West Indies, voting qualifications have till recently limited the vote to a small percentage of the population. These qualifications were and in all but a few cases still are invariably on the basis of property or income, but in some instances possession of certain educational qualifications confers the right to vote. Higher qualifications are necessary for elected members of the legislatures. In 1937 it was estimated that the number of electors expressed as a percentage of the total population was 3.4 per cent, in Barbados, 2.9 per cent, in British Guiana, 5.5 per cent, in Jamaica, 2.2 per cent. in St. Lucia, and 6.5 per cent, in Trinidad. These were typical figures. Since that date, steps have been taken to broaden the basis of political representation. Under Jamaica's new Constitution, voting is on the basis of universal adult suffrage. Women have been given the vote in Bermuda on the same terms as men. In Barbados the income qualification has been reduced from £50 to £20 per annum. Eeductions in the income qualifications have also been made in British Honduras. In Trinidad, after consideration of the 1944 Eeport of a local Franchise Commission, the necessary measures were taken for the introduction of adult suffrage and the first elections under the new system were held in 1946. In British Guiana, a Franchise Commission reported also in 1944. Universal adult suffrage was opposed by both the majority Commission Eeport and the British Guiana legislature ; instead, a reduction 70 LABOUR POLICIES IN THE WEST INDIES of the qualifications for exercise of the franchise, calculated to provide a substantial extension of the electorate, was proposed and adopted. In Puerto Eico, citizens of the United States (in which category the people of Puerto Eico are included) being men of 21 years or over and women of 18 years and over, are enfranchised, subject to a residential qualification of one year. From the above general sketch, many important considerations have been almost entirely omitted : examination of the attitudes of the dependent peoples themselves ; the increasing extent to which peoples of these dependent territories are occupying the higher administrative posts in their own countries ; the details and underlying relationships which give form to the superficial constitutional patterns. But the body of evidence indicates a developing political situation in which legislative institutions are becoming more representative, and in which the local populations are participating more effectively in government. The growth of local influence and representation in industrial relations will be examined later. Broadly speaking, however, it requires mention here as a part of the development of political responsibilities. One of the problems which may become more acute with further constitutional development is that of the relations between the territories themselves. So long as the metropolitan power had complete responsibility for the shaping of economic policies, a considerable degree of uniformity in this sphere was normal. The development of local self-government implies the progressive elimination of this centralising and coordinating authority. Opinion is awakening to the position in which the small territories of the Caribbean may find themselves if local self-government means isolation and attempted self-sufficiency. This problem is significant in regard to the question of British West Indian federation, where important advances have been registered. A despatch of the Secretary of State on 14 March 1945 referred to the desirability of such federation as an aim of policy and asked the legislature of the different units of the British West Indies to give their views on this question. As a result of the favourable replies received, a Conference on the closer association of the British West Indian Colonies was held in Jamaica from 11 to 19 September 1947, with the Secretary of State for the Colonies in the chair. The WABTIME AND POST-WAR TRENDS 71 Conference adopted a number of resolutions in favour of closer association, the form such association should take and the steps which should be taken to promote it. As a result of its recommendations, a Standing Closer Association Committee was constituted, composed of delegates appointed by the legislatures of the different units in the British West Indies, under the chairmanship of a United Kingdom official specially appointed for the purpose and who is also responsible for the operation of Development and Welfare in the West Indies. The Committee has completed its deliberations and its conclusions have been published. Examination by the Governments of these conclusions is the next stage. There are three foundations for a certain degree of cautious optimism as to the possibilities of progress in coming years in the West Indies : the increased financial resources available, the increased extent of study, research and planning in the utilisation of available resources and the development of regional and international machinery, a major task of which must necessarily be an effort to improve conditions such as exist in the West Indies. A more positive conception of the functions of governmental and inter-governmental action in promoting the improvement of economic and social conditions is receiving emphasis. Further, these trends have the active support of a body of local public opinion which is to an ever greater extent being associated in the tasks of government and which is clearly aware of the need for improving those conditions. Nevertheless, in the field of social and economic policy, the decade under consideration was one of promise rather than of fulfilment, of study and planning even more than of effective action. In most of the territories, the two major economic problems remain so far substantially unaffected : population pressure and a level and character of production inadequate to support a satisfactory standard of living. CHAPTEE I I I MANPOWER Manpower problems reflect the entire range of social and economic problems in the territories studied in the present report. In the area as a whole, the rate of population increase is high ; manpower requirements in the principal form of employment, agriculture, present wide seasonal variations ; the level of technical skills is low; placement services have only recently begun operating on any significant scale ; migration opportunities are extremely limited ; evidence of Government policies designed to promote actively a high level of employment as a norm is rare. While existing statistical evidence is inadequate for a satisfactory analysis of manpower problems in the West Indies, sufficient is available to indicate the extent of the problems involved and to assess the policies utilised to deal with those problems. The present manpower position, particularly in respect of agriculture, has its background in the sugar plantation cultivated by slave labour. Some of the characteristics of the existing structure are best elucidated in terms of that background. In the British territories, two periods may be distinguished under slavery. During the first, and by far the longer period, up to the abolition of the slave trade, the labour force was maintained and replenished both by importation and by natural increase ; in the period between the abolition of the slave trade and the abolition of slavery, only the latter means was available. The individual plantation had a stabilised labour force which, in general, offered few problems differing from the problems set by any item of capital machinery ; purchase and maintenance were in the first place necessary ; then, according to the circumstances of the particular plantation, the labour supply could be diminished by sale or failure to procure replacements, or increased by purchase. After the MANPOWEE 73 1833 abolition measure, the former slaves were kept tied to their respective plantations for several years under a so-called system of " apprenticeship " designed as a technique of transition from the state of slavery to a state of complete " freedom of labour ". This system was abandoned before the date scheduled for its termination. In the period that immediately followed, the plantations lost a considerable proportion of their former labour force, especially in territories where facilities were widely available for ex-slaves to purchase land, to settle or to squat. It was in any case clear that, under a wage system, and with the loss of protection in the British market, the seasonal character of employment in sugar production would result in a lower level of employment in the out-of-crop season ; it could not in those circumstances be expected that, where the possibility of peasant farming existed, the ex-slaves would care for plantation work with its unpleasant associations. The general outcome was that the planters were unable to get the type of labour they wanted, at the time they wanted, in sufficient quantity and at the rates they were prepared, or able, to pay. Immigration seemed to them to be the only remedy, and for this they were able to obtain Government support. At different times and in different territories, contract labour was imported from China, Germany, Portugal, Malta and elsewhere, but eventually the solution was found in East Indian indentured labour. The planters thus once again secured a relatively stabilised labour force, which could be expanded by further importations, and which was periodically reduced by repatriations. The employer under this system provided his workers with housing, medical care and the like, and the plantation became again almost a self-contained social unit. It is only from 1917, the year in which the system of Indian indentured labour was terminated, that modern employment problems date in those territories, in particular British Guiana and Trinidad, in which Indian indentured labour had been a significant element. But everywhere the depression years from 1930 had serious repercussions ; in this period the gravity of the problems of persistent population increase, the enforced return of emigrant workers from other parts of the Americas, notably Panama and Cuba, low prices for crops, the prevalence of plant diseases in the more important agricultural crops and the new problem of a stabilised labour force became most evident. 74 LABOUR POLICIES IN THE WEST INDIES In Surinam, the partial abolition of slavery in 1863 and its complete abolition in 1873 gave rise to similar manpower problems. Portuguese and Chinese immigrant workers were first tried, but, as elsewhere, recourse was had mainly to the Indian indentured worker during the period 1873-1917. With the end of the importation of Indian indentured labour, Javanese immigration substantially increased ; already, in the period 1894-1914, some 11,000 Javanese had migrated to the territory. In Puerto Eico, the antecedents of the present situation have been different. Chattel slavery, abolished in 1873, never assumed the significance it did in the British areas, as a comparison of population composition readily reveals ; further, the status of slaves under the Spanish law was markedly dissimilar. In 1898, just before the American annexation, coffee, not sugar, was the chief crop. The shift to a predominantly sugar economy, with modern machinery and laboursaving devices, the widespread substitution of sugar cane for subsistence crops, i.e., of a " commercial " for a " subsistence " economy, the vicissitudes of the sugar industry, the effects of the depression years, and, above all, rapid, continued and cumulative population increase have been the chief influences contributing to the present position. In the Virgin Islands, production was by slave labour and, after abolition in 1848, the sugar economy virtually collapsed : For centuries the islands based their economy on specialised commercial agriculture—the raising and processing of sugar-cane— in exchange for which they have obtained "corn meal and rice" from the markets of the world. Based on this economy St. Croix, St. Thomas and St. John gave riches to a few when prices for sugar were high and the cost of labor was merely enough food to keep a person working. At one time nearly every tillable acre of land was devoted to this crop and the islands were literally cultivated from seashore to mountain top. But this economy was responsible for the present basic dilemma which faces the islands. It encouraged a population which could produce sugar profitably only under conditions of slave labor. When prices fell and the former slaves became wage earners, they could not1 produce cheaply enough to justify the effort of growing the crop. These antecedents of the present situation have to a marked extent left their trace. Arising from them there have been a succession of problems : either the local com1 National Resources Planning Board, Region XI : A Development Plan for the Virgin Islands of the United States (San Juan, P.R., 1943), p. 17. MANPOWER 75 munities have had to find immediate palliatives ; or, when an improved price was obtained for a basic crop, the very legacy of the past has hindered effective use of what would later be proved to be only another breathing space. In short, the employment problems of the West Indies as a whole persistently reflect the gravity of social and economic problems in general. More, it is the study of employment problems which annotates most effectively the disparity between, on the one hand, the needs of a rapidly expanding population, whose standards of living present policies are designed to raise, and, on the other, the resources available and the level of social and economic organisation which determines the utilisation of those resources. GENEBAI, GOVERNMENT POLICIES No general analysis is made of the effect of trade, fiscal and industrialisation policies on employment opportunities in view of the practical difficulties of determining the extent to which the promotion of employment was an important consideration in the framing of these policies. With this reservation, it may be said that until recently authorities in the British West Indies have been concerned primarily with the immediate problems of unemployment rather than with raising the level of productive employment. Belief works rather than development works have been characteristic. Longer-term proposals, such as the promotion of land settlement and of migration either for settlement or for employment have on the whole been designed to provide livelihood for those actually underemployed or unemployed rather than to widen the productive capacities of the communities. Although there can be no clear distinction between the two types of approach, the impression given by many recent authoritative pronouncements is that, while attention is drawn to longrange policies for the creation of employment, more limited proposals, often for no more than the sharing of employment, still receive the greatest practical attention. In a 1939 report, the Labour Adviser to the Secretary of State for the Colonies drew attention to the wider issues. His task, however, was to advise on labour problems in the narrower sense, and in consequence he was concerned with discouraging the worst features of the relief systems and with 76 LABOUR POLICIES IN THE WEST INDIES broadening t h e resources of individual families b y encouraging activities s u p p l e m e n t a r y to wage earning. This emerges from t h e following s t a t e m e n t on l a n d settlement a n d relief : The problems of unemployment have a close connection with land settlement, since the latter promises at least a partial solution of the difficulty. As has already been explained, the outstanding evil is partial employment rather than an entire lack of work ; the utilisation of this spare time now wasted is thus an important object. If the worker who at present depends for his living entirely upon wage-earning can be offered the alternative of the cultivation of a garden he will find occupation for hours at present wasted and he will have a supplementary means of support. Furthermore, in growing at least a proportion of his family's sustenance, he will reduce the sum of money now sent overseas to buy food and will keep it in the colony instead ; and additional benefit will accrue from the improvement in health due to the use of fresh food in place of the preserved article. The draining of swamps or the reconditioning of derelict land is work well suited for an unemployment relief scheme . . . . In the past very considerable sums of money have been spent in certain West Indian colonies in the making of roads which were really largely undertaken in order to provide work ; while these may have their uses they are not directly remunerative nor do they provide any permanent employment except for upkeep. Such expenditure must therefore be regarded as palliative rather than a cure and for this reason it is far less desirable than a scheme which will provide gainful employment even if only for a limited number. 1 I n regard to t h e position on estates t h r o u g h o u t t h e area his general view was similar— The most promising remedy appears to be a broadening of the basis of support ; in other words, the provision of some alternative means of subsistence other than the plantation for the partially employed. This can best be achieved by the establishment of these people as independent peasant proprietors owning a few acres on which they can build a house and grow a large part of the food needed by their families. In such circumstances, a considerable proportion of the time now wasted would be spent in producing some of the provisions which at present have to be bought at the shop ; in which case a contribution towards the use of local produce in place of imported supplies will have been made. Six months' wages will no longer have to afford support for a year and the worker will have moved towards an independent self-respecting position in place of that of a grudgingly supported retainer. Since the produce of their land will not supply all the requirements of the family the owner will probably be glad to earn some money as a part-time worker ; alternatively, some cash crop could be added, work on the plantation being correspondingly reduced. 2 1 Labour Conditions in the West Indies, Report by Major G. St. J . O R D E BROWNE, O.B.E., J u l y 1939 (London, H.M. Stationery Office, 1939), Cmd. 6070, p . 31. 2 Ibid., p . 18. MANPOWER 77 For particular territories, however, more specific recommendations were made. Major Orde Browne considered that in the circumstances of Barbados only emigration on a large scale could afford adequate improvement. In regard to Jamaica he recommended that an end be put to the system of rotational employment adopted by the Public Works Department and the Municipality (of Kingston and St. Andrew), a system designed to provide a modicum of employment for the largest possible number ; instead— . . . any important scheme of public works should be carried out by employees who can feel reasonably assured of their future, and who realise that good service rendered will be appreciated and rewarded, in place of the present arrangement entailing discharge at the end of a fortnight, whatever the deserts of a worker may be. Beyond these, there will remain a considerable number of inferior performers merging into the unemployable. For these, relief might be provided at a figure which for steady employment is rather above the minimum figure arrived at in the section on the cost of living. Men engaged on these conditions should clearly understand that good work would give them a claim to any vacancy for a permanent employee.1 In Grenada, an undertaking was given to approach the Secretary of State for the Colonies for financial aid to assist in providing relief work in the form of productive projects, such as reclamation of swampland for land settlement. In British Honduras, where a rotation system was prevalent, changes similar to those recommended for Jamaica were advised ; in particular, it was stressed that " relief work proper should be recognised as such rather than disguised as normal enterprise ". 2 The West India Eoyal Commission recommended that— The governments of the larger colonies should examine carefully the possibility of establishing some arrangements for unemployment insurance in the case of those undertakings which are organised on a system of regular employment and with exemptions for those industries where, owing to the intermittent character of employment, a scheme based on that obtaining in Great Britain would be impracticable.3 While this was its sole specific recommendation in regard to unemployment, the Commission's recommendation of the need for increased employment opportunities to meet the 1 O R D E B R O W N E : op. 2 Ibid., p . 200. Report, op. cit., p . 196. 3 cit., p. 83. 78 LABOUR POLICIES IN THE WEST INDIES requirements of a rapidly growing population greatly influenced the lines of general economic and social policy it advocated. In its report, the Commission drew particular attention to the effects of the annual natural increase of population in the West Indies of 1 % to 2 per cent. At a rate of 2 per cent. a population doubles itself every 35 years. The Conference of Labour Officers of British West Indian Colonies held in Trinidad in April 1942 came to the following conclusions in regard to unemployment and underemployment : (a) The Conference considered that this would be a major problem in all the British West Indian colonies after the war and work on the United States bases is completed, (b) It appeared that a solution might be found in increased land settlement under proper control, (c) The Conference considered that colonial Governments should endeavour to evolve some schemes for spreading employment over the West Indian area to meet the position which will arise after the work on the United States bases is completed. In this connection, attention was drawn to the need for precautions in those colonies, such as Trinidad, where a temporary boom exists and which has led to a large influx of labour from other colonies. The different West Indian administrations were invited to comment on these proposals. The replies from the various Governments in substance proposed no action beyond land settlement and relief or development works ; and two Governments stated that the lack of adequate statistics precluded precise planning. Later, at the end of 1943, the British advisory authorities in the Caribbean drew attention to the employment problems which the reabsorption of personnel, both military and civilian, engaged in war service would create. Eeference was made to the action being taken by the Government of Jamaica to meet the expected situation ; more specifically to the expansion of relief or development work schemes on a wide scale. No more comprehensive proposal was offered. Nevertheless, in recent years it has become clear that a wider view is being taken in the search for policies designed to promote productive employment by re-examining the economic foundations of Caribbean life. The general responsibilities of Government were in particular underlined in an address to the Legislative Council by the Governor of British Guiana as early as November 1942— What has developed in these last few years is a complete reorientation of colonial policy. The older one was that Government was mainly concerned with the elementary needs of public MANPOWER 79 order and administration of the law, the prevention of abuses, and matters of that kind, coupled with a desire to promote advance by gradual stages in the direction of self-government. The idea of Government responsibility in economic development or in social services generally was at that time completely in the background. Today, parallel with developments in the United Kingdom and other advanced countries, a far more positive view of the functions of the State has come into being, once looked at askance but now almost universal, and it is now generally admitted that a primary obligation is the extension of social services and the raising of the general standard of living. This has brought with it the admission that the State must assume control over organisation of industry and the use of capital or land. There is some substantial opinion that would say that expansion of constitutional independence will be completely unreal unless accompanied by or even preceded by the raising of the social and living standards generally. 1 The report of a Committee appointed b y t h e Government of J a m a i c a in J u n e 1944— . . .to conduct a systematic economic survey and, after examination and investigation, to report on the economic prospects of Jamaica and, in particular, on the possibilities of ensuring full employment without detriment to the general standard of living ; to recommend to the Government the lines which its future economic policy should follow ; and to consider the best ways to meet the cost of Government schemes for developing the colony and providing employment, is also of interest. While this report cannot be regarded as a n expression of official policy, t h e terms of reference of t h e Committee which prepared i t represented a novel approach on t h e p a r t of a British W e s t I n d i a n Government. The conclusions on e m p l o y m e n t policy contained in t h e report a n d c o m m e n t on present methods of dealing with employment problems a r e for this reason here cited : I t is the duty of Government in our opinion to do three things : (a) to try to create conditions under which full employment is possible ; (b) to prevent workers from being exploited ; and (c) to see that no citizen starves. We later make recommendations to which we may refer now in the hope of achieving these aims. (a) The main way to do this within a social framework of private enterprise is to see that there is a sufficient incentive for private investment which gives employment, both directly and indirectly. Our suggestions towards that end include machinery for regulating trade disputes, the provision of tax-relief during the first five years for investment in approved fields ; and actual subsidies to certain types of capital expenditure in agriculture, such measures against soil erosion which will maintain or increase the productivity of the land and, at the same time, provide useful employment, (b) However, we wish wage earners to get as large a share as is possible without 1 British Guiana : Legislative Council Paper, No. 1SB/1942. 80 LABOUR POLICIES IN THE WEST INDIES discouraging employers from maintaining or expanding their businesses ; therefore, we favour democratic trade unions and Wages Boards for certain industries where the bargaining power of the workers is weak, (c) We consider that all who need it should be provided with a minimum for subsistence. We recommend therefore that everybody, whether able-bodied or not, who is without means of support and is unable to obtain work should be entitled to poor relief. This may involve a change in the existing law. The hospital cases and the aged, however, should be taken out of the sphere of poor relief . . . . Persons over 70 and without adequate means of support should receive old-age pensions. The Committee decisively condemned existing arrangements for providing relief work— We consider that relief works are bad in principle. In our view, the only public works which should be undertaken are developmental works which are really worthwhile. They should be carried out in the most efficient manner, even if this means using more mechanical devices and less labour. Workers should be paid at the regular rates prevailing in the district, and, where possible, by results. The case against relief works is as follows. In the first place, they cost large sums of money which Jamaica cannot afford to spend without getting value in return . . . . In the second place, they provide no real solution to the employment problem. On the contrary, relief works get numbers of workers attached to them who look upon them as their means of livelihood and who make therefore no serious attempt to find employment elsewhere. In the third place, they may actually diminish the total output of the country by drawing workers away from their own little holdings or their regular occupations. This will happen only if rates of pay and conditions of employment on relief works are relatively attractive. This has, in fact, been the case in Jamaica. As a rule, those in charge have been more anxious to keep the workers relatively quiet and contented than to make sure that they gave a fair return for their pay . . . . The argument for relief work rests on the assumption that it is the duty of Government to provide work for all who need it. The Government of Jamaica has always denied any such obligation, and, indeed, it is an obligation which no Government could possibly accept. An important development in respect to manpower problems in the British territories was the appointment in 1947 of the Evans Settlement Commission with the following terms of reference : 1. Having regard to the recommendations made by the West Indian Conference in 1944 and 1946 regarding the need for study of the Guianas and British Honduras as an aid to the solution of the problem of over-population in the West Indian island territories, and further to the need to assist in solving the problem of persons displaced as a result of the world war, to investigate and report to the Secretary of State for the Colonies upon the possibilities of MANPOWER 81 settlement in British Guiana and British Honduras, with the following considerations in mind : (a) the future needs of the population of those territories, (b) the need to provide outlets for the surplus populations in the British West Indies, (c) the needs of surplus populations in other West Indian islands, (d) the need to provide for the resettlement and rehabilitation of persons displaced from their homes in European countries as a result of the war. 2. In the case of British Guiana, the Commission will have regard especially to the area of the Kanuku and other mountain ranges bordering the interior savannahs and to the points indicated as requiring clarification in the Summary of the Eeport of the British Guiana Eefugee Commission, May, 1939 (Cmd. 6014). The Commission's report* was issued in September 1948 and contained a very large number of recommendations of detail in regard to the way in which settlement problems might be approached. In the present context, the point of particular interest is the extent to which the Commission envisaged that the population pressure in the island territories might be reduced if their recommendations were adopted—• We can make no precise estimate of the number of people who might be enabled to migrate to the two colonies (of British Guiana and British Honduras) for employment on the schemes which we propose, but we believe that if our plans can be accepted it should be possible over a period of some ten years for the two colonies to absorb about 100,000 2men, women and children, including about 25,000 adult workers. While it is clear that arrangements on this scale are not adequate to provide a full solution, they clearly represent one outlet and preliminary steps to implement the Commission's recommendations are being taken by the United Kingdom Government. A more complex constitutional relationship renders the task of summarising Government policy more difficult for the American territories than for the British West Indies. Nevertheless, in Puerto Eico, for example, a fairly clear pattern can be traced of Government policy affecting employment problems as a particular manifestation of a maladjustment between population and productive capacity, while, in the programmes designed to remedy this maladjustment, at one and the same time there are indications of the approach to the 1 Report of the British Guiana and British Honduras Settlement Commission (London, H.M. Stationery Office, 1948), Cmd. 7533. 2 Ibid., p. 2. 82 LABOUR, POLICIES IN THE WEST INDIES long-term basic problem and the short-term problem is being alleviated by the employment afforded on development work. The effect of federal Government action has in the main been that of increasing the totality of jobs available through the expenditures of its different agencies on the island. Between 1933 and 1944, the United States spent $350 million in the attempt to make the island what has been described as " both an impregnable fortress for national defense and a good exhibit of American policy ". On a general view, the trend of policy seems to be following the lines suggested by a high United States official as the most desirable principles on which federal and insular programmes in relation to Puerto Riean economic problems should be co-ordinated— The federal Government should pay particular heed to the economic program adopted by the insular Government on the theory that local people best know how to meet local needs. The Puerto Eicans should be expected to cope with their local issues to the extent that their resources permit. But, where local resources are not adequate, federal funds should be used to give supplementary aid in the development of a broad gauge, continuous, positive program.1 Some account has already been provided above of various aspects of the economic programme of the insular Government since 1940, of the instruments it has created for furthering its policies, notably a number of Authorities, the Development Company and the Puerto Eico Planning, Urbanizing and Zoning Board, of the Six-Year Financial Plan and of federal Government action. 2 The relation of these points to the questions at present under examination has to be borne in mind. The basic problem which they have been designed to meet has been emphasised in a number of official or semi-official studies and surveys on population from which the following general conclusions are cited 3 : The economic problem of Puerto Eico, in so far as the bulk of its people is concerned, may be reduced to the simple terms of progressive landlessness, chronic unemployment and implacable growth of the population. A policy of fundamental reconstruction should, therefore, contemplate the definite reduction of unemployment to a point, at least where it may be adequately dealt with 1 General statement of the Secretary of the Interior before the House Committee on Insular Affairs, 11 May 1944. 2 Cf. Chapters I and II above, passim. 3 Cf. also Frederick P. BARTLETT and Brandon HOWELL : The Population Problem in Puerto Rico (Puerto Rico Planning, Urbanizing and Zoning Board, Santurce, Aug. 1944), pp. 1-3. MANPOWER 83 by normal relief agencies ; the achievement of this, largely by restoration of the land to the people that cultivate it, and by the fullest development of the industrial possibilities of the island. These achievements will be unavailing, however, if population growth cannot be checked, or at least reduced. This last factor is of very great importance because, even if a parity between population and employment—as to farming or to industrial jobs—can be approximately achieved, it cannot be maintained unless the rate of population growth can be kept within the scope of further economic development. I t therefore seems to be highly desirable, probably imperative, that a land restoration and industrial development programme, combined with a policy of emigration to suitable environments, be fully worked out as soon as possible. 1 The effects of population pressure and of the lack of balance between population and resources are observed everywhere : high unemployment, cheap labor, low productivity per man, high morbidity and mortality rates, unsatisfactory living conditions in general. 2 The most important underlying economic factor in Puerto Eico is the tremendous density of population. The effects of the lack of balance between population and resources are noticeable everywhere. Labor is cheap, productivity per man is low. The margin of cultivation has been pushed to lands of little productivity. On good lands cultivation is very intensive. The low per capita incomes of a large part of the population do not permit the maintenance even in large cities of the same standards in such services as education, sanitation, recreation, store facilities, and restaurants found in small urban centers in the United States. 3 So long as present trends of population growth continue, there is little or no prospect whatsoever of so increasing the supply of available resources, or of so improving the sum total of commercial opportunities of the island—agriculture, industry, and trade—that a satisfactory balance between social needs and means of support can be struck; the necessity of turning, of " bending ", these trends becomes the most vital issue in Puerto Rico. That does not mean that a single stone should be left unturned in the attempt to improve and enlarge the earning power of the people of Puerto Eico ; but it does mean that, no matter how many stones are turned, a balance between needs and means cannot be struck without a drastic change in present population trends . . . .* I n t h e Virgin Islands t h e problem, numerically so m u c h smaller b u t proportionately t o t h e islands' population a n d resources u n d o u b t e d l y greater, has m e a n t t h a t in practice t h e population has been largely supported b y defence construction a n d o t h e r federal expenditure. 1 Carlos E . CHABDON and Associates : Report of the Puerto Rico Policy Commission (San J u a n , P . E . , 1939), p . 1. 2 Manuel A. PEREZ : Economic Background of Puerto Rico as an Essential Determinant in Health and Social Problems, Puerto Rico Health Bulletin, Vol. VI, No. 12, Dec. 1942. 3 E . B . H I L L and S. L. DESCASTES : An Economic Background for Agricultural Research in Puerto Rico (Bulletin SI, Agricultural Experiment Station, Río Piedras, P.R., Dec. 1939), p . 13. 4 ZIMMERMAN, op, cit., p. 21. 84 LABOTJE POLICIES IN THE WEST INDIES The view put forward in a study prepared by the National Eesources Planning Board 1 , that considerable emigration coupled with a programme for utilising existing resources more effectively is, taking a long-term view, a necessity for this territory, appears to be accepted by most serious students of the employment problems of the Virgin Islands. Homesteading is regarded as an effective means of improving the economic situation and has been stressed in the past. In practice, however, it seems that the immediate problem of providing work for those actually unemployed has received most consideration. Clearly the above description of policy in relation to employment problems applies primarily to the over-populated West Indian islands whose economy is based almost exclusively on agriculture. In Surinam and French Guiana, the primary pre-occupation of policy is with increasing labour supply; in the Netherlands Antilles, in which oil refining is the major aspect of economic life, different factors are again involved. The most urgent problems in regard to employment arise, however, in the first group of territories. The details which follow refer primarily to the British and American territories ; they illustrate the basic character of the employment situation before the outbreak of the second world war, the temporary alleviation afforded by wartime conditions and the problems which have been met in the change-over to post-war economic conditions. EXTENT OF THE EMPLOYMENT PROBLEM The gravity of the problem of intermittent employment in the years prior to the second world war led the Eoyal Commission of 1938-1939 to characterise it as " the most serious problem in the labour situation and consequently the life of the people of the (British) West Indies ".2 Some of the causes and implications of this situation have been outlined in the Commission's Beport in the following terms : The actual wages paid may or may not be reasonably satisfactory for persons in full employment . . . but at the present time 1 Frederick P. BABTLETT and Associates : A Development Plan for the Virgin Islands (San Juan, P.R., 1943), a mimeographed study by the National Eesources Planning Board. 2 Beport, op. cit., p. 32. MANPOWEB 85 the question does not arise for a tragically large proportion of the labouring population : full employment and regular wages are not available for them. I t may be possible for a Jamaican wharf labourer, for example, to earn lOd. or l i d . per hour, but he cannot rely on working on more than one steamer a week, and t h a t for a period from 6 to 14 hours. Similarly, in Barbados, a stevedore may earn from 8s. 4d. to 10s. for a 9-hour day ; but it must be remembered that by far the greater proportion of the island's export of sugar is snipped in a period of a few weeks, apart from which there is little or no work for the army of labourers needed to handle it. This problem of intermittent labour is traditional in the towns and ports : to it has recently been added an equally serious problem of rural underemployment. The effects of low prices and limitation of output under the International Sugar Agreement, and of the rise in wage rates itself, calling for economy of management and the curtailment of activity, have restricted the volume of work available for the estate labourer, and the difficulty of securing an adequate cash income from the cultivation of export crops has caused many more peasants than before to seek to supplement their incomes by wage labour in a labour market already overcrowded. Eural conditions of employment have thus tended to approximate more closely to those prevailing in the towns with the important difference that, even taking into account recent wage increases, there remains a large disparity between the town rate and the country rate. The more regular employment which in the past tended to equalise actual earnings as between town and country is becoming a thing of the past. The consequences of this depression in rural areas are obvious. I t is next to impossible for the men to earn enough to support a family with the result that the women have also to work and cannot devote themselves to the maintenance of the home and the care of their children. The children themselves may be set to work to supplement the family's income when they should be at school, or the older children of school age are kept at home to look after their younger brothers and sisters. Only the prevalence of foodgardens even among estate labourers mitigates the severity of conditions in rural areas. 1 A more detailed survey a n d analysis is provided in Major Orde Browne's report entitled Labour Conditions in the West Indies. The report's assessment of t h e situation in 1939 in regard to u n e m p l o y m e n t a n d underemployment in general m a y be t h u s summarised. Agriculture, chiefly on t h e p l a n t a t i o n system, is t h e m a i n s t a y of t h e British W e s t Indies. The relev a n t p l a n t a t i o n s h a v e not y e t a d a p t e d themselves t o t h e facts of a changing situation, in particular t h e end of t h e i n d e n t u r e d labour system, increased population a n d falling m a r k e t prices. A larger n u m b e r of persons regard t h e estates as their h o m e a n d means of subsistence t h a n t h e estates can 1 Report, op. cit., p p . 32-33. 86 LABOTJB, POLICIES IN THE WEST INDIES provide with full-time employment economically. The estates h a v e a d o p t e d t h e policy of sharing t h e available work so t h a t all these workers m a y earn some wages a t a n y r a t e . A t a t i m e w h e n t h e changing circumstances d e m a n d e d a reduction i n t h e labour force, t h e best organisation in m e t h o d , t h e greatest efficiency a n d restriction of cultivation, m o d e r n appliances were being deliberately ignored in favour of oldfashioned m e t h o d s which would employ larger n u m b e r s a n d t h e limited a m o u n t of work available was being shared o u t as p a r t i a l employment. The existing situation may thus be described as an attempt to make the various industries carry a population appreciably larger than the economic situation warrants. This p o i n t is amplified as follows : If the labour force of the average plantation be analysed it will be found to consist of three parts ; the first is the permanent establishment, including most of the skilled and semi-skilled employees, who are in steady employment throughout the year ; secondly, there is the main body of labourers who cannot expect to be earning wages for more than half the year ; and thirdly, there is a body of workers required only during the peak season of production probably not more than six weeks or two months. Of these, the second is considerably larger than the other two. I n existing circumstances, it will generally be found that both the first and second groups look to the industry for their entire support, while possibly the majority of them are housed on the estate ; of necessity therefore there must be during several months of every year a considerable proportion of the labour force only partially employed and thus underpaid and miserable. The small section of workers required only for the peak period will prove on examination to be people normally earning a living in some other fashion, who take advantage of the opportunity to make a little extra cash ; in other words, they are not really dependent on the plantation. The plight of the second section—the partially employed—must be obvious. Whatever the actual figure of their wage may be, intermittent employment probably halves it, if average earnings throughout the year are considered ; such allotments as they may have probably furnish only a meagre amount of employment or produce and they are therefore compelled to spend a proportion of every year idle, underfed, and naturally discontented. The quarters in which they live are the property of the estate and they are therefore to that degree dependent on it ; any attempt to find work elsewhere entails the loss of a home. From the point of view of the estate these superfluous numbers constitute a heavy burden. As already mentioned, they constantly militate against the introduction of up-to-date methods, while modern opinion demands an increasingly high standard of accommodation and amenities entailing considerable expenditure. 1 1 O B D E B R O W N E : op. cit., p. 17. MANPOWEE 87 Comment in the report on particular territories throws further light on the situation. Total unemployment was rare in Barbados but " insufficient employment is rife ". In Jamaica the unemployment situation had become sufficiently grave by 1935 to necessitate the appointment of a local Unemployment Commission. From 1883 to 1935, an average net emigration of 10,000 persons was recorded, a source of relief of the employment situation which at the time of Major Orde Browne's investigation had dried up. During the years 1935-1939, action taken by Government involved inter alia the following measures, in financial terms : authorisation of a development loan of £2 million ; a public works extraordinary programme of £129,000 ; and recurrent expenditure on the Public Works Department of the order of £300,000 in the financial year 1937-1938 and £320,000 in 1938-1939. The dominant influences in the situation are summarised as (a) an enormous adverse trade balance, (b) an unduly large urban population, and (e) the superfluous labourers dependent upon most estates. No precise figures were given but the extreme gravity of the situation was implied in no uncertain terms. In Antigua there was a " serious amount of partial employment ". In Trinidad, the situation was less acute than in other parts of the British West Indies, but there was a " considerable amount of parttime employment ". In Grenada, " at the best of times, employment was only intermittent " ; in St. Lucia, it was estimated that there were some 8,000 people in the island in need of employment, " but the problem is one rather of intermittent employment than of entire absence " ; in St. Vincent, " complete lack of employment is probably rare, but a very large number of people are compelled to subsist on intermittent earnings ". Of British Honduras, it is said : " A considerable number of people in the colony are at any given time out of work ; this is partly due to the seasonal nature of most of the principal forms of occupation ". Throughout, stress is laid on underemployment rather than on unemployment, with Jamaica as a partial exception. Wartime conditions brought about major changes in the employment structure. As is mentioned above 1 , the relative employing capacity of the different industries and forms of 1 Cf. above, Chapters I a n d I I . 88 LABOUR POLICIES IN THE WEST INDIES occupation were markedly affected by shipment problems, Government aid, the existence of alternative forms of employment (for example, the effect on the Trinidad sugar industry of employment opportunities on the United States bases), loss of markets, the expansion of industries vital to the war effort and various forms of control. Wartime migration for employment assumed considerable proportions. Land settlement schemes decidedly progressed. Development grants under the Colonial Development and Welfare Act, though restricted by wartime shortages of technical personnel and materials, have had some effect. " Grow More Food " campaigns helped in some instances to palliate underemployment and may have had some permanent influence in modifying emphasis on export crops. The employment directly and indirectly afforded through the construction of United States bases was perhaps the most important single factor contributing to raise the level of employment during the war. Several of these factors have lost significance with the cessation of war effort requirements. Employment afforded by the United States authorities is now on a very much lower level than when construction was at its peak. Workers who had migrated for employment are for the most part either returning home or preparing to return. The patterns of Government control and assistance have altered with the return to peacetime conditions. On the other hand, it will now be possible for development work under the Colonial Development and Welfare Act, 1945, to proceed with increased resources and without wartime shortages ; much the same will apply to the local development plans formulated by the different territories ; public construction and land settlement should further help to ease the position. A brief survey of the employment situation in a few parts of the West Indies illustrates the characteristics of the problem in more detail. 1 1 The summary given is for the most part based on the Department of Labour Reports of the dependencies concerned. 89 MANPOWER Barbados The following estimates of occupational distribution in 1942 were made by the Economic Adviser to the Comptroller for Development and Welfare in a national income survey 1 : Agricultural labourers (nearly all sugar workers) . Fishermen Sugar factories Other factories and public utilities Dock workers and porters Transport (including taxis) Artisans (carpenters, masons, coopers, etc.) . . . Shop assistants Government and other clerks Dressmaking, etc Police Assistant teachers Road works, etc Government and parochial employees not elsewhere included Domestic servants Hucksters, etc All other (say) Total . . . 21,000 1,500 5,000 2,000 2,000 2,000 5,000 5,000 5,000 4,000 600 700 600 1,000 20,000 6,000 1,500 82,900 These figures can be taken at the most to indicate the relative importance as employment markets of the different occupations listed. The numerical preponderance of two categories—agricultural labourers (25 per cent.) and domestic servants (24 per cent.) is manifest ; a large number of workers classified under other heads are engaged in occupations ancillary to the agricultural industry. 2 An abstract of relevant returns from the 1946 Census is included in Appendix I I . The records of the public employment agency throw some light on the incidence of unemployment. The total number of persons registered as unemployed during the years 1941 and 1942 was 10,114 ; at the end of 1942, 2,683 persons were on the lists as having either applied or renewed their application within the immediately preceding three months. I n September 1944 the number of unemployed listed was 5,862 and, at the end of the year, 5,394. These figures cannot be 1 Frederic BBNHAM : The National Income of Barbados, 1942 (Development and Welfare Organisation, Bulletin No. 9, Advocate Company Limited, Bridgetown, Barbados), p. 18. Figures are rounded estimates. 2 The 1921 Census classified 34 per cent, of wage earners as directly engaged in agriculture and 25 per cent, as being domestic servants. 90 LABOTJE POLICIES IN THE WEST INDIES used, as a precise or even approximate index of unemployment in Barbados. Begistration is not compulsory, nor does it necessarily imply that the registrant is not already either wholly or partially employed; when, for example, opportunities for overseas employment are available, employed workers wishing to migrate often register themselves. Again, when registrants have obtained work, they do not always take steps to ensure that their names are removed from the list. Further, to attach too much significance to Barbados unemployment figures would in any case imply failure to recognise the magnitude of the more vital question of underemployment ; while this latter problem is not, in the circumstances of Barbados, amenable to statistical illustration, its characteristics are clear. Most labour in Barbados is casual ; employment opportunities are insufficient to allow the majority of workers to work full time ; operations in the sugar industry —the foundation of the island's economic life and the main source of employment—involve, with the present organisation of the industry, serious seasonal unemployment which, in this highly populated territory, cannot be as frequently offset by work on small-holdings as elsewhere. Eapid population increase and limitation in opportunities for emigration have been the basic contributory factors. 1 The impact of war conditions varied in its effects on employment. On the one hand, there were opportunities for emigration and Barbadian workers migrated for employment to Trinidad, St. Lucia, Bermuda, Curaçao and the United States for temporary work ; there was an extensive " Grow More Food " campaign and some expansion of local production of such items as soap and vegetable oils. On the other hand, wartime conditions in some instances restricted output. For example, an important dislocation in the employment structure was caused in 1943 by the decision to discontinue the production of fancy molasses owing to shipping difficulties. Some 1,700 to 2,000 persons were employed directly in this industry and its cessation also affected (a) coopers making puncheons, (b) molasses porters and carters, (e) lightermen, and (d) stevedore labourers. With the end of the war, unemployment problems came again to the fore, in particular because of the limitation on 1 Cf. below, Chapters V and I X . 91 MANPOWER migration brought about by the reversion to peacetime conditions. During 1947, the Barbados Government voted £75,000 to finance public works to relieve the situation. At the end of 1948, the Government estimated t h a t the number of able-bodied unskilled men who could not be fully absorbed in local occupations was about 5,000 and that the number of women in excess of local requirements was approximately the same. Some recruiting for employment in the United States began again in 1948, after an interruption of two years or so ,• at the end of 1948, about 450 workers were employed in the United States under this arrangement and during the year 623 workers migrated for employment to other areas. During 1948 the Governor appointed a Committee to examine and make recommendations on the best means of promoting full employment in rural areas throughout the year. The Committee recommended, inter alia, increased production of local foodstuffs, the promotion of industrialisation and the spacing between reaping seasons of construction and other schemes under consideration. British Guiana At the time of the 1931 census the categories of wage earners numerically most important were as follows : Occupation Sugar : field labour . . . . factory hands . . . Gold and diamonds . . . . Timber Municipal and public works Dock labourers Number employed 57,000-60,000 4,500-5,000 6,000-9,000 3,500 2,830 1,160 The total number of wage earners was given as some 113,000. The predominance of the sugar industry, no less than the existence of more varied employment opportunities than in most British Caribbean dependencies, is reflected in these figures. Some relevant figures from the 1946 Census are given in Appendix I to the present chapter. During the war, employment opportunities were undoubtedly increased ; the Comptroller for Development and Welfare has even stated that in British Guiana more employment was 92 LABOUR POLICEES IN THE WEST INDIES available than labour, although the demand could have been met by an increased work effort by the labourers employed. 1 The chief factors contributing to this end were : (a) construction of two United States bases which were employing some 4,000 workers in 1941 ; (b) increased production of commodities specially needed for the war effort—the bauxite industry gave employment in 1942 to the unusually high number of over 3,600 workers—and (c) increased local production of foodstuffs. Some contraction in employment in the sugar industry took place ; the average number of workers employed weekly in the field fell from 26,677 in 1941 to 22,416 in 1942 and 20,801 in 1943 ; the corresponding figures for sugar factories were 4,446, 4,729 and 4,255. The explanation offered was that workers were " finding more remunerative employment elsewhere, principally in the cultivation of rice and ground provisions ". 2 Underemployment none the less remained ; during 1943, for example, resident piece workers on sugar estates worked on an average 3.58 days a week. The extent of seasonal fluctuations in employment is indicated by the fact that, in the same year, the average number of field workers employed in the sugar industry during any one week ranged from 24,966 to 16,322. In both instances, however, allowances must be made ; these figures represent the effect both of genuine intermittent or underemployment and of time taken off by some workers to cultivate their holdings. Conditions have since considerably altered. By March 1945, employment on construction work by the United States authorities had declined to the level of 1,500. During 1943, the number of workers engaged in the bauxite industry declined from 3,600 to 2,950 ; during the last six months of 1944, the larger company engaged in the production of bauxite discharged some 1,700 workers. In the sugar industry, the weekly average of field workers employed during the last quarter of 1944 and the first quarter of 1945 was about 21,100, a figure indicating that the industry has regained ground. The corresponding numbeTS in 1947 and 1948 were 22,553 and 21,149. 1 Development and Welfare in the West Indies, 1943-1944, Keport by Sir Frank STOCKDALE (London, H.M. Stationery Office, 1945), p . 69. 2 British Guiana : Report of the Department of Labour for the Year 1943, p. 1. MANPOWEE British 93 Honduras The following figures in regard to the occupational distribution of wage earners in British Honduras are provided in the Labour Department report for the year 1946 : Occupation Mahogany Pine Chicle Agriculture Sawmills Factories Public Works Department Transport and distributive trades Number employed 1,350 212 1,881 834 416 374 560 695 An abstract of relevant information from the 1946 Census is given in Appendix I. The most important aspects of the employment problems of this territory are discussed below under the headings of migration and relief work. The two main industries—mahogany and chicle—afford only seasonal employment. Stabilised agriculture is relatively unimportant. Even at the best of times, labour demand would seem to be far smaller than labour supply. Belief work has been the stock remedy persistently applied for many years. During the war, migration of forest workers to the United Kingdom and the United States helped to alleviate this situation. War conditions also created an increased demand for some commodities, e.g., chicle, produced in British Honduras. On the other hand, there were unfavourable circumstances ; for example, shipping difficulties virtually eliminated in 1943 employment in the growing of grapefruit. Until 1944, the effects of the war on the economic situation had been favourable, but, with the disbandment of the British Honduranian Forestry Units in the United Kingdom, a serious problem was posed. The Governor, in an address to the Legislative Council on 10 March 1944, said— I may shortly have to approach the Council with a request for substantial sums for unemployment relief. It is hoped that this necessity will be avoided ; but we have to face the fact that within the last three months nearly fifteen hundred men, who until recently were remitting large sums of money to this colony from Scotland or Panama, have returned to seek work here. 7 94 LABOUR POLICIES IN THE WEST INDIES Subsequent recruitment of forest workers for temporary employment in the United. States temporarily assisted in solving the immediate problems. The majority of workers who had migrated for employment in the forest industry had returned by the end of 1946 ; in all, less than 200 remained in the United States at that date. The report of the Labour Department for the year 1945 noted that during the year the return of workers from the United States resulted in an increase in unemployment, which was increased by the suspension of operations in the mahogany industry in the Peten District of Guatemala. A survey held in Belize during four weeks in November 1948 provided the following information : The survey disclosed that of the 713 non-ex-servicemen registered as unemployed 22 had left Belize ; 75 could not be found at' the addresses given and 73 others were in regular employment ; leaving a balance of 543 who were either wholly unemployed or did not receive sufficient casual employment to enable them to provide for themselves and their families. Of the 178 ex-servicemen registered, 61 had either left Belize or could not be found at their addresses ; 15 were in employment and the total names remaining open in the unemployment register at the end of November was therefore 102. The names of 20 juvenile males and 10 adult females also appeared as unemployed in the records of the Labour Department. The unemployment and underemployed in the capital city are made up mainly of unskilled workers who have had no experience in forest or agricultural work and have always existed by casual labour in and around the town. Such unemployment as existed amongst carpenters and others in the building trades was largely caused by the shortage of pine lumber and other essential material as Government and private projects arranged for were well able to provide employment for all tradesmen. Unemployment may be attributed principally to the lack of agricultural and industrial development to keep pace with normal population growth and1 to the gradual drift of the population from rural to urban areas. Jamaica The Jamaica Economic Policy Committee considered that the 1943 Census figures regarding unemployment and underemployment needed, in the circumstances of Jamaica 2 , to be treated with reserve— 1 British Honduras, Annual Be-port on the Working of the Labour Department for the Year ended 31st December, 1948, pp. 4-5. 2 Cf. Appendix IV. MANPOWEB 95 These figures appear to show a very serious amount of unemployment and underemployment—only a third of all wage earners were fully employed. There undoubtedly is an employment problem, but the situation is much less serious than these figures suggest. In the first place, any census in any country will record a number of unemployables, beggars, criminals, prostitutes and so forth who will class themselves as wage earners seeking employment ; and in Jamaica a census of unemployed is interpreted by many to mean that there is the possibility of a job going, so they put their names down as unemployed. In the second place, much of the apparent underemployment was voluntary, in the sense that many wage earners would not put in a full working week all the year round even if they had the opportunity.1 According to these returns, 44 per cent, of the gainfully occupied population of Jamaica in 1943 were engaged in agriculture, 16 per cent, in personal service (domestic service 14 per cent.), 12 per cent., in manufacturing and 8 per cent. in trade (retail trade 7 per cent.). Gainfully occupied persons constituted some 54 per cent, of the total number of persons aged ten years and over. The data regarding underemployment indicate a serious situation even after all the necessary caution in interpretation is exercised. Of the wage earners supplying information on the number of weeks employment they had had during the twelve preceding months, about 46 per cent, had been employed for less than 30 weeks ; further, some 34 per cent. worked on an average less than five days a week. This general conclusion is strongly reinforced by the figures given relating to the range of days worked in the sugar industry. The various factors in the wartime situation which altered the employment structure in the West Indies had a distinctive effect in Jamaica. Wartime migration for employment and progress in the development of land settlement schemes were relatively more important here than elsewhere. But the construction of United States bases had a negligible effect on the over-all employment problem. At its peak, employment on the naval and air bases was only of the order of 9,000 workers : 7,000 of these were discharged as early as the first half of 1942 and even employment for maintenance purposes was never considerable. The effect of war conditions on the employing capacity of different occupations was perhaps the most significant feature. Before the war, the banana industry was easily 1 BENHAM : op. cit., p. 14. 96 LABOUR POLICEES IN THE WEST INDIES the most important source of employment ; the estimate in the Orde Browne report of wage earners in that industry in 1939 was 100,000 as compared with 41,000 in the sugar industry, the next most important source of employment. 1 The results of the ban on shipment to the United Kingdom and of a destructive 1944 hurricane, added to the problems which the industry faced even before the war, were farreaching. The 1942 report of the Department of Labour refers to the fact that— . . . the depreciating banana industry continued to throw several thousands of small peasant proprietors and farm hands into the unemployment pool. The food production campaign and the increased employment in the sugar industry were not sufficient to affect the situation appreciably. Financial aid has, however, been forthcoming and the future prospects of the industry were not viewed too pessimistically by the Economic Policy Committee. The effects of the developments which helped to ease the employment situation during the war years have begun to recede. In particular, Jamaican migrant workers have been for the most part repatriated. On the basis of the 1943 census, and taking account of the developments since then, the Statistical Officer of the Jamaica Labour Department estimated that, in the absence of substantial industrial expansion, some 108,000 workers would be unemployed in the immediate post-war period. This estimate, however, was only an approximation at the time, and it remains difficult to assess the extent of unemployment even at any particular period. Present problems of unemployment in Jamaica are, however, admitted to be grave ; one index is the influx of Jamaicans into the United Kingdom during the past few years to seek work, usually in the absence of any guarantee that employment would be obtained. The report of the Department of Labour for the year 1948 in particular stressed that the unemployment situation had deteriorated during the year and had obliged the Government to provide large sums for relief work. During the year, 45,714 persons were employed in the parishes on relief work, 1,300 by the Western Kingston Relief Works and 7,000 by the Kingston and St. Andrew Corporation. 1 O R D E B B O W H E : op. cit., p. 98. 97 MANPOWER Trinidad Even in pre-war years the comparatively varied character of the economy of this dependency implied wider employment opportunities than in most other British Caribbean dependencies. Major Orde Browne stated in 1939— The unemployment problem in Trinidad is less aeute than in the remainder of the West Indies ; in fact, it is possible to find a local shortage of labour in certain industries. This, however, can probably be largely explained by the difference in the nature of the work, since the local labourer is conservative in his attachment to the particular form of labour to which he is accustomed.1 Nevertheless, underemployment was widely prevalent. Wartime conditions brought about a greatly increased demand for labour which was met in part by the migration of workers from other British Caribbean areas to Trinidad and in part by the movement of local workers from less to more attractive avenues of employment. Although post-war employment prospects were viewed with concern, the early stages of transition have not brought serious difficulties, but there are signs that unemployment may become a more serious problem in the near future. The following table provides estimates of employment in different industries in Trinidad : Occupation N«gg>« Oü industry 14,000 Sugar industry 24,000 Cocoa industry 17,500 Coconut plantations 2,750 Port transport — Minor industries — Distributive trades and domestic service — Public works — » c ^ / 14,000 22,210 16,000 5,000 4,200 — 26,000 9,000 Source : Reports of the Industrial Adviser, Trinidad, (or the years in question. An abstract of relevant information from the 1946 Census is also provided in Appendix I I . The most important factor in the wartime employment situation was unquestionably the construction of United States bases. The multiplier effect of this development and some of its wider implications have been well brought out in the Report of the Sugar Industry Committee, 1943. 1 OEDE BROWNE : op. cit., p. 120. 98 LABOUR POLICIES IN THE WEST INDIES In analysing the effect of this construction work on the labour problems of the sugar industry, the report stated— We are unable to attribute the loss of labourers which the sugar industry experienced up to the 1943 reaping season solely to the increased employment offered by the United States Navy Department. We believe that the real explanation lies in . . . the artificial position created by the inflated purchasing power of the United States personnel stationed in the heart of the northern sugar area . . . This increase in currency is exchanged in concentrated areas for a variety of satisfactions . . . widely demanded by United States personnel and as widely supplied by local residents who would otherwise be available for work in the sugar industry.1 In 1941, some 20,000 workers were employed on the bases ; in the peak year, 1942, this figure rose to 28,000 ; at the end of 1943 it was 19,000, and at the end of 1944, 9,400. I t was expected that the number of local workers who would be employed when work on the bases was reduced to strictly maintenance level would be of the order of 6,000, and that adaptation of the bases for commercial use might involve further construction. In point of fact, however, the number of local civilians so employed was 3,500 at the end of 1947 and 2,994 at the end of 1948. As early as 1941, the Industrial Adviser, Trinidad, was able to state— In 1941 the colony had the unique experience of an unfulfilled demand for almost an classes of labour . . . Any unemployment there may have been at the end of 1940 among able-bodied workers and those genuinely seeking employment was minimised considerably during the first three months of 1941, and by June of that year, save in remote rural districts, the demand for labour became greater than the supply. I n 1942— . . . the demand for all grades of workers . . . exceeded the supply and unemployment of able-bodied men was practically non-existent . . . . In varying degrees, most industries experienced some difficulty in meeting demands on production. While work on the bases contributed most to this situation, there were other factors ; inter alia, the development of war work, especially in engineering and ship repairing and the expansion of miscellaneous trades and services because of the community's increased spending power. 1 Report of the Committee Appointed to Enquire into the Sugar Industry, Council Paper No. 1 of 1944 (Trinidad and Tobago,. 1944), Part I. MANPOWER 99 The extent of migration from other parts of the Caribbean to Trinidad is discussed below, but its effect on the island deserves some notice here. A large part of this migration involved illegal entry and even contracted workers absconded from the industries which they were engaged to take up for more remunerative employment elsewhere. Legislative and executive action was taken to meet this situation. Under the Immigration (Special Provisions) Ordinance, 1942, the Governor-in-Council was empowered to prohibit by proclamation the entry into the colony of immigrant manual labourers. By a proclamation dated 11 July 1944, the entry, from 1 August 1944 until further notice, of any immigrant manual labourer other than a native of the colony or a person in possession of a valid written contract of employment in the agricultural industry was prohibited. 1 The agricultural and, in particular, the sugar industry was hardest hit by the intra-island movement of labour. Although efforts were made to recruit workers under contract from overseas for employment in agriculture, it was found difficult to ensure that such workers abided by the terms of their contract and did not abscond. An illustration alike of the decline of the sugar industry as a source of employment and of seasonal fluctuation in employment is provided by the following figures (estimates by the Industrial Adviser) : Numbers employed Crop season Out-oi-crop season (Maximum in any fortnight) 1940 30,000 20,000 1941 27,300 17,500 1942 25,600 14,000 1943 20,778 12,570 1944 18,615 12,970 1945 20,300 10,824 1946 22,442 12,228 1947 22,200 15,000 1949 21,764 14,152 Source : Reports of the Industrial Adviser, Trinidad, for the years 1940-1949. Year By July 1943, the labour supply position in the sugar industry and its repercussions had become sufficiently grave to necessitate the appointment by the Governor of a Committee " to recommend to Government what measures, if any, 1 Proclamation No. 34 of 1944 (Gazette Extraordinary), Port of Spain, 18 July 1944. • 100 LABOUR POLICIES IN THE WEST INDIES should be taken in view of the present position and future prospects of the sugar industry ". The Committee included in its proposals for the rehabilitation of the industry measures designed to offset absenteeism by rendering working conditions more attractive. These measures included an output bonus to be paid in housing certificates and an output bonus payable in cash, for which workers would qualify by performing a stipulated number of tasks within a given period, and seven days' annual leave with pay for all field workers with twelve months' continuous service with any one employer in the sugar industry, provided they worked at least 260 days in the year. That these recommendations were proposed as practicable and have in part been implemented is in itself, in the circumstances, an index of the gravity of the situation. Soon after the United States bases had begun to utilise a large local labour force, fears began to be expressed that the cessation of construction work would involve the island in serious employment problems. Arrangements were therefore made with the United States authorities that the release of labour should be gradual. This process began as early as 1943 and the policy was on the whole successful in achieving the purpose sought. Although the number of workers returning to other forms of employment was not equal to the number of workers discharged from the bases, absorption continued. Further, a substantial proportion of the workers from neighbouring British West Indian colonies returned to their homes. On 21 June 1944 the British Secretary of State for the Colonies made the following statement in the House of Commons : The Government of Trinidad is fully aware of the need to deal by all available means with the situation resulting from the release of labour from the United States bases. Over 3,000 workers have been absorbed by local food production alone and the process continues. Agriculture generally, and the sugar industry in particular, are still in a position to offer employment. The number of workers who have so far registered as unemployed has been small. The Government has a considerable works programme in hand which should meet demands for employment which are expected later. That programme depends on supplies of material and equipment which the Trinidad Government is making every effort to obtain.1 The indications are that the employment problems involved in transition to a peacetime economy, whilst presenting 1 House of Commons, Parliamentary Debates, London, 21 June 1944, col. 183¡ MANPOWER 101 numerous difficulties, are less acute in Trinidad than in some other British West Indian territories. This is due not only to the varied character of the economy of the island but to the fact that Trinidad did not have to attempt to reabsorb into local employment a large army of repatriated migrants, a problem which assumed major proportions in other parts of the British West Indies. Puerto Rico The impact of the war on the Puerto Eican employment situation was complex in character. An employment survey undertaken by the insular Department of Labor reveals that from July 1942 to January 1943 there was a reduction in employment of 31.8 per cent, but a rise of 35.3 per cent, in June 1943 over the figures for January. The following points are, however, clear : on the one hand, employment on military installations at certain stages afforded considerable employment, a number of workers were employed under contract in the United States, and a considerable number of Puerto Eicans were absorbed in the United States forces ; on the other hand, there have been serious shipping difficulties which, despite United States aid, have affected the sugar industry, the needlework industry and the building trade, war has not led to the growth of defence industries and emigration for employment has been negligible. Government policy, initiated and originally financed by the insular Government and later aided by federal funds, was based on the institution of an extensive emergency works programme. In territories in which seasonal unemployment and over-all underemployment are strongly marked, the season at which the figures are compiled, no less than the actual figures, is of importance. The fact that at the time of the 1940 census 89,776 persons were either seeking work or on public emergency work while the registrants in the 1943 employment survey numbered 206,371 is partly to be explained in this way, since the 1940 figures refer to March, when employment in occupations of seasonal character is relatively high, and the 1943 figures to November, when such employment is relatively low ; for example, 25 per cent, of the registrants (50,805) in the 1943 survey were classified as usually working in the sugar industry, and most of these would probably have been so 102 LABOUR POLICEES IN THE WEST INDIES engaged in the crop season. The fact that so much labour in Puerto Eico is casual and the fact that figures available on unemployment are merely a reflection of workers' self-classification add to the number of problems of interpretation involved. The statistics given, despite their appearance of exactness, must be regarded as indices and no more. After all due allowance is made, the seriousness of the problems of unemployment and underemployment in the Puerto Biean economy cannot be gainsaid ; it is the most significant feature the figures reveal. In 1939, less than 50 per cent, of the experienced workers in occupations listed in the 1940 census worked during all 12 months of 1939 ; the significance of this is underlined when it is realised t h a t unemployed workers, those on public emergency work and inexperienced workers are excluded and that the occupations were selected with a view to assessing the position in the leading forms of occupation, and not to prove the seriousness of unemployment or underemployment in particularly unfortunate occupations. The special stresses created by wartime conditions have in general terms been described above ; here, taking a longer view, it is more significant to note that the position since 1930, as indicated by the figures given, has consistently been one in which the jobs available have nevereven approached the level necessary to provide productive full-time employment for Puerto Eican workers. Appendix I I I summarises recent data on the employment situation in Puerto Eico. In a statement recently made by the Commissioner of Labor of Puerto Eico before the Labor and Education and Ways and Means Subcommittees of the United States House of Eepresentatives on extension of a 75-cent minimum wage to Puerto Bico, it is noted that, though the potential labour force has increased by an average of 22,000 per year for the last three years and the latest available estimate for unemployment is 70,000, the increase in employment over the past decade has been 130,000. Consideration of this achievement in the light of the active measures being taken to facilitate migration and to broaden the community's basis of support suggests that very real progress has been made in this territory. 103 MANPOWER Virgin Islands In the 1940 census, 10,504 persons were enumerated as being in the labour force ; 2,000 of these were employed on public emergency work, 7,133 were otherwise employed and 1,371 were seeking work. The following table classifies those employed other than by emergency work according to occupational group : Pupation Professional workers Semi-professional workers Farmers and farm managers Proprietors, managers and officials, except farm. . Clerical, sales, and kindred workers Operatives and kindred workers Domestic service workers Service workers, except domestic F a r m labourers (wage workers and farm foremen). F a r m labourers, unpaid family workers Labourers, except farm Occupation not reported e ~ d 403 35 629 489 596 687 1,402 510 587 101 826 18 The war situation has had a varying effect on the level of employment, but on the whole provided temporary relief. I t was even reported that in St. Croix " many small farms were abandoned or neglected in favour of wage work made available at the new Army Air base." 1 In St. Thomas, during the fiscal year 1941-1942, " extensive military preparations gave remunerative employment to every employable male " 2 ; in St. Croix, however, because of five years of drought on agriculture, work had to be provided through Federal Agencies to counteract a high incidence of unemployment. In the following year— . . . defence construction operations gave employment on the island of St. Thomas to every employable male worker, and the shortage of native labor to meet the abnormal demands resulted in a heavy importation of labor from neighbouring British islands. With the reduction of defence installations as the year drew3 to a close a great many of the imported aliens were repatriated. 1 Annual Repon of the Governor of the Virgin Islands to the Secretary of the Interior, Fiscal Year ended June 30,1941 (Washington, U.S. Government Printing Office, 1941), p . 1. 2 Governor's Report, Fiscal Year ended June 30,1942 (Washington, 1942), p . 2. 3 Governor's Report, Fiscal Year ended June 30,1943 (Washington, 1943), p . 1. 104 LABOUR POLICEES IN THE WEST INDIES Federal work programmes were found necessary for St. Croix during wartime. It was at the same time considered that " unemployment undoubtedly will be the most serious consideration in the Virgin Islands in the immediate future." * In 1949, in a report to the United Nations, it was estimated that there were some 1,000 employable persons unemployed in the territory. Surinam The employment problem in Surinam (181,984) is characterised by the fact that the labour supply is far smaller than labour demand. There is a serious shortage of agricultural labourers and skilled industrial workers. The effects of the war aggravated this situation in the agricultural field, as wages in defence works, as in the bauxite industry, were higher than in agriculture, and agricultural labourers on the plantations and the owners of small holdings entered these industries. A few thousand men were absorbed in the armed forces. Netherlands Territories There is no endemic unemployment in these territories. Since the establishment in 1914 of the petrol companies there has always been a shortage of labour. Thousands of labourers have emigrated to these territories. Underemployment is only found among dock labourers. To supervise the employment situation in the harbour, a Dock Labour Board was set up in 1946, which consists of an inspector, who is the head of the Board, and who is assisted by a committee of three employers and three workers. This Labour Board provides the only labour pool for all stevedoring concerns. Every dock worker and stevedoring concern must be registered with the Board before being allowed to work in the docks or carry on stevedoring work. The engagement of unregistered dock workers is prohibited. The workers are in the employment of, and are paid by, the Board, which recovers from the stevedoring establishments the wages paid. The workers are classified into regular staff, reserve workers and casual workers, each class having different rights and duties. 1 Ibid. 105 MANPOWER Guadeloupe and Martinique The following information has been provided by the Government of France on occupational distribution in Guadeloupe and Martinique. Occupation Numbers^mployed Agriculture Sugar factories and distilleries Manufacture of preserves Port and dock labour Building and public works Commercial establishments 35,000 5,000 1,500 1,200 3,000 2,000 Total . . . 47,700 For Martinique, the following estimates were provided : Occupation ™ Pood industries Other industries Workers in the agricultural phase of the sugar industry Banana industry Commercial workers Total . . . y - 10,000 8,000 15,000 10,000 10,000 53,000 ACTION AGAINST UNEMPLOYMENT Belief and Emergency Work A programme of public relief work is the traditional means by which British West Indian administrations seek to alleviate employment crises. During the depression period of the 1930's relief work was made widely available. Some criticisms of this system, in particular those offered by Major Orde Browne and by the Jamaica Economic Policy Committee, have been noted earlier in this chapter. In the present context, however, it is difficult to distinguish clearly between relief work, often uneconomic 1 , designed primarily to offset unemployment and public works designed primarily for development purposes which have a similar effect on the employment position. As Major Orde Browne 1 For instance the Economic Policy Committee report of 1945 (Kingston, Jamaica, Government Printer), reveals that the filling in of a swamp in Jamaica by the relief work system cost over £2,000 an acre. 106 LABOUR POLICIES IN THE WEST INDIES points out in a comment earlier cited, the administrations concerned sometimes attempt to disguise the existence of relief work, pure and simple. The distinction, in so far as it can be made, is nevertheless one of primary importance. The lines along which post-war unemployment relief planning was being done during the war further illustrates this emphasis. In Trinidad, the policy of the Government— . . . is to prepare Public Works programmes so that these can be proceeded with as work on the bases diminishes and other industries have their labour supplies replenished. Any such plans are of course dependent on the supply of materials to a very considerable extent. In pursuance of this policy the Legislative Council approved a $7 million loan for financing public works in December 1945. In St. Lucia— . . . a number of schemes have been prepared and forwarded asking that grants should be made from Development and Welfare funds of sums necessary to enable important road and other works to be undertaken ; although these works are not proposed to relieve unemployment, they should, if approved, provide employment in this colony for many years for those needing work. Further, a number of schemes have already been approved which will provide a considerable amount of employment for skilled and unskilled labour. In St. Vincent, along with extension of land settlement schemes, " the undertaking of special public work during periods of severe unemployment " is regarded as offering a partial solution of unemployment problems. 1 In British Honduras, the provision of relief work progressively declined from 1939 to 1943 with the improvement in the employment situation. In 1939, there were two important road construction schemes in operation for the provision of relief work, one of which had to be begun to offset the unemployment resulting from the termination of a similar project. The other and more important, the Belize-Cayo Eoad, employed monthly an average varying from 761 to 900 men. On one part of this road, the relief work needs of 158 men were met by the employment of 25 men at a time on a fortnightly shift basis. A number of young men aged 17-19 were given fortnightly work every three months on proof of need. In 1940, about $200,000 1 Statements in this paragraph are taken mainly from Governments' comments on recommendations of the Labour Officers' Conference, 1942. 107 MANPOWER was expended specifically on a number of unemployment relief works, all either road construction or river improvement projects. In view of the numbers involved, the rotational system of employment was continued. From 1941, relief work was confined to the Belize-Cayo Eoad. In that year about $176,000 was expended for this purpose and 75,450 mandays of employment afforded. In 1942 the average number of relief workers on this project had declined to 134 and in 1943 the improved employment position permitted the abandonment of this last scheme. But, with post-war prospects in view, the following statement on the unemployment problem was made by the Government of British Honduras early in 1944 : This is a perennial problem here, temporarily in abeyance, but likely once more to grow acute even before the end of the war. The only immediate remedy is a programme of development works for the post-war years. The Governor has already obtained approval for two large measures of development which should meet the most 1 immediate needs. Belief work programmes in Jamaica were, as has been indicated above, extensive in the pre-war years of grave unemployment and underemployment. Even though war conditions improved the employment situation, the census data provided in Appendix I I indicate the significance of relief work as a source of employment. The following table helps to fill in the picture. Eoadbuilding, swamp reclamation and food production schemes have been the chief directions of expenditure. JAMAICA : ALLOCATIONS FROM BELIEF WOKK FUNDS, 1940-1941 TO 1943-1944 Financial year 1940-1941 1941-1942 1942-1943 1943-1944 Imperial grant * Local grant Total £ 182,500 125,007 342,670 187,687 £ 86,300 28,858 149,135 169,840 £ 268,800 153,365 986,822 2 658,214 a Source : Reports of the Department of Labour, Jamaica, for the years mentioned. 1 From Development and Welfare Funds. * £495,017 and £300,787 respectively from a £1 million loan were allocated to relief funds in these years. 1 From Governments' comments on recommendations of the Labour Officers' Conference, 1942 (communicated to the I.L.O. by Development and Welfare in the West indies, Barbados). 108 LABOUR POLICIES IN THE WEST INDIES Between 1939 and 1945, over £1 million was spent on relief. During 1943, the average number employed each week on such work was 11,330. The Economic Policy Committee, reporting in 1945, considered that, since rates of pay and conditions of employment on relief works were relatively attractive, workers had been drawn away from other occupations and the total output of the island consequently diminished. Belief work still continues, but no new commitments are being entered into under this head. During 1948, grants for unemployment relief in the parishes were approved for £205,377 and the relief work provided by the Kingston and St. Andrew Corporation involved the expenditure of £320,000. It is even more difficult to demarcate the spheres of development and relief work for Puerto Eico than for the British areas. While Government statements imply that all work of this character undertaken should fall primarily into the former category, even when it is specifically designed to relieve unemployment, the practical dilemma remains. The Puerto Eico Eeconstruction Administration, originally set up in 1933 to meet an unemployment crisis, has stated it as follows : The tremendous amount of unemployment which principally motivated the establishment of the Puerto Eico Eeconstruction Administration does not appear in as bold outline as it did seven years ago, but the problems of a dense and ever-increasing population forced to wrest a livelihood, mainly by agriculture, from exceedingly limited resources, still remains. . . . When the war is over, or sooner if Army and ÍTavy projects now under way are completed, the unemployment problem, somewhat alleviated by those activities, will again become acute. Inevitably then by reason of the insufficiency of the island's peculiar economy, consideration again will have to be given as to whether mere palliative relief should be afforded, or whether, in the Mght of the Puerto Eico Eeconstruction Administration's experience, relief or other federal expenditures should not be devoted to projects with long-range reconstruction possibilities.1 Federal as well as insular action against unemployment was notable in the years following 1933. Among the agencies which contributed to provide temporary employment while seeking to build up the permanent resources of Puerto Eico 1 Annual Report, Puerto Rico Reconstruction Administration, San Juan, Puerto Rico, as of 30 June 1942. Reproduced in Headings on Puerto Rico before the Senate Subcommittee (Chaves Committee) (Washington, U.S. Government Printing Office, 1943) S. Res. 26, Part I, pp. 536-537. MANPOWER 109 were the Puerto Eico Eeconstruction Administration, the Works Projects Administration, the Federal Works Agency, the Agricultural Adjustment Administration, the Farm Security Administration and the Federal Public Housing Authority. The W.P.A. alone at its peak was employing more than 42,000 persons. x Because of the special unemployment problems which beset Puerto Eico at certain stages of the war, an extensive programme of direct and work relief, recognisably such, was inaugurated, designated the War Emergency Program. In 1943, the insular legislature appropriated $16 million for this programme, $2 million of which was to be expended on direct relief through the Public Welfare Division of the Department of Health. Most of the remainder was intended for use on work projects, but, up to June 1943, only a small proportion had been so utilised. Nevertheless, at that date 33,274 persons were working on projects of the War Emergency Program. The character of work undertaken is thus outlined in the Governor's Eeport : Projects for street improvement, public clean-up work, repairs to public buildings, and improvements to water supply systems, head the list of approved urban projects. Among rural projects approved, the most important are those for food production, the construction of municipal and intra-farm roads, forestry, and soil conservation. Of the total allotment for approved projects, 73.32 per2 cent, went to the rural zone and 26.68 per cent, to the urban zone. During the fiscal year 1943-1944, the scope of the War Emergency Program was further extended. Up to November 1943, the Federal Works Agency was providing employment for some 40,000 workers, but its programme terminated at the end of that month. The War Emergency Program then assumed full responsibility for relief, of which relief work was only a part. In December 1943 . . . all projects operating under the direction of the various departments and agencies of the insular Government were transferred to the control of the War Emergency Program, as were also some Federal Works Agency projects. 3 The major part that Government expenditures, especially federal expenditures, have played in maintaining the economy of the Virgin Islands has been earlier remarked. 4 By increas1 For a detailed account of federal expenditure in Puerto Rico since 1938, cf. United States Tariff Commission : The Economy of Puerto Rico (Washington, 1946), -passim. 2 Forty-Third Annual Report of the Governor of Puerto Rico for the Fiscal Year ended 30 June 1943 (San Juan, P.R., 1944), p. 38. 3 Forty-Fourth Annual Report of the Governor of Puerto Rico for the Fiscal Year ended 30 June 1944 (San Juan, P.R., 1945), p. 54. 4 See Chapters I and II above. 8 110 LABOUR POLICIES IN THE WEST INDIES ing total outlay, these expenditures have had both a direct and indirect influence in raising the employment level. Apart from persons engaged in various regular Government establishments, employment has been directly afforded by extensive work projects, notably under the aegis of the W.P.A. The Virgin Islands Company is estimated to employ some 2,000 persons. The Company is officially regarded as " a great relief project affording the employment and facilities and public services which private enterprises were unable to continue and which no one would undertake." 1 Land Settlement Ever since the report of the West India Eoyal Commission, 1897-1898, authoritative opinion has recognised in land settlement projects an important means of alleviating the economic maladjustments of British West Indian communities. Agrarian discontent and " land hunger " in these territories, particularly in recent years, have led to extensive exploration of the possibilities of such schemes. Experience with them has, however, indicated the many safeguards necessary to ensure their successful development. 2 But the necessity for safeguards does not affect the undoubted value both of part-time and full-time work on land settlements for the much needed expansion of employment opportunities. The considerations of policy which govern recent land settlement programmes are important as being among the limiting factors on the extension of land settlement and consequent employment opportunities. The recommendations of the West India Eoyal Commission, 1938-1939, on this question have influenced the guiding principles of policy in all the British territories concerned. A basic premise of the Commission's report was that land settlement should be regarded as part of the wider question of increasing- the number of small-holders, the productivity of their land and their returns therefrom— A substantial increase in peasant farming throughout these colonies is necessary to ensure the larger production of food for local consumption and is one way of tackling the problem of under1 Annual Report of the Governor of the Virgin Islands to the Secretary of the Interior for the Fiscal Year ended 30 June 1945, p. 3. 2 Cf. also above, Chapters I and II. MANPOWER 111 employment.... The method of land settlement is, however, only one of several ways by which the number of peasant holdings could be increased and their yield improved.... Land settlement schemes in the West Indies are expensive . . . in relation to the number of persons settled. The Commission therefore considered that plans to improve the husbandry of existing small-holders and to provide additional land for their sons should receive as much encouragement from Government as was given large, formal land settlement projects and that " for some time to come the betterment of existing peasant agriculture (would be) far more practicable and fruitful than the undertaking of new schemes of settlement." 1 The 1943 report of the Agricultural Policy Committee, Trinidad, emphasised some of the more detailed requirements for successful land settlement. The Committee considered that a policy of land settlement merely aimed at the relief of unemployment or introduced in response to popular or sectional demand would lead to failure especially where land was transferred from large to small-scale farming units without providing services for the guidance of small-holders. General policy was elaborated in the following terms : The first essentials for successful land settlement are a fertile soil and good water supplies. A good site for the settlement is therefore of primary importance and its selection should be undertaken, as at present, by a central executive authority in collaboration with the Department of Agriculture, the Forestry Department and the Medical Services. Care should be taken to avoid disturbing the existing efficient agricultural units ; the requirements of the different types of potential settlers should be considered ; and all interests affected should be consulted. The layout of the settlement should be designed to facilitate the economical provision of the necessary community and social services. The most urgent need in planning a land settlement is determination, by experiment and investigation, of sound farming systems suited to the varying conditions. The ideal, of course, would be tö obtain the necessary data before embarking upon any land settlement but in practice circumstances may render this impossible ; for example it would be unreasonable to withhold the use of available land from people who have no other means of livelihood, simply because the type of farming best suited to it had not yet been decided. The size of the holdings must be regulated in relation to the physical and economic conditions of different parts of the country, and to the type of farming undertaken. Different sized units should 1 Report, op. cit., p. 323. 112 LABOUR POLICIES IN THE WEST INDIES be provided at each type of settlement to accommodate the requirements of the individual concerned. 1 The Committee iurther recommended that in Trinidad most attention should be paid at first to " part-time " settlements, which should be adjacent to centres of employment. The greatest care should be taken in the selection and training of settlers and in selecting suitable lands. In reviewing the impact of land settlement on employment problems in the British West Indies, considerable caution must be observed in interpreting data. Haphazard selection of settlers in the past meant both that unsuitables soon quit and that new settlers might or might not have previously been unemployed or underemployed. On the other hand, extension of land settlement has both a direct and an indirect effect on employment. The earlier prevalence of freehold tenure meant that the number of settlers was subject to frequent and sometimes unrecorded change. In Jamaica, the Department of Lands between 1919 and 1942 placed more than 16,100 persons on the land as smallholders, cultivating 75,600 acres. In addition, during the same period, some 2,000 ex-servicemen of the first world war were settled with 7,760 acres of land under cultivation. Activity during recent years is reflected by the fact that, in the twelve months ending March 1942, nearly 1,550 settlers were put in possession of land totalling 6,570 acres and that, in the twelve months ending March 1944, four additional estates were acquired for land settlement purposes, bringing the number of estates being operated as land settlements up to 156. Up to 1942, Jamaica had expended some £800,000 on its land settlement programme. The Department defined its policy in 1944 as one of extensive land redistribution rather than a smaller programme of assisted and planned land settlement in which all the requirements of the settler would be provided for. At that time the only enforceable provisions for the control of agricultural development on settlements was that at least one acre of the holding should be cultivated to the satisfaction of the Commissioner of Lands in the first year of occupation and two acres in the second. 1 Beport of the Agricultural Policy Committee of Trinidad and Tobago (Part (Port of Spain, Government Printer, 1943), pp. 16-17. I) MANPOWER 113 The Jamaica Agricultural Policy Committee in a 1945 report made the following observations : . . . The whole policy of land settlement requires reconsideration and review.... World-wide experience proves that the cutting up of land into independent holdings below a certain size is wasteful and uneconomic, tending as well to preserve faulty agricultural practice ; in this respect the minimum economic unit of land, for the various farming systems, has yet to be determined for Jamaican conditions.... Various forms of settlement have been tried with success in many parts of the world. What is needed in Jamaica is opportunity for large-scale and long-term experiments with a view of adapting some of those forms to local conditions and to the outlook of the people. Co-operative and community settlements have yet to be tried on a sufficiently large and well-planned basis to enable their real future in our agricultural economy to be determined.1 In other British Caribbean territories the land settlement position varies widely. Most Governments now have powers for the compulsory acquisition, when necessary, of land needed for land settlement. In Barbados, where no underdeveloped land is available for settlement, emphasis has been laid down on improving standards of husbandry and developing mixed farming and not on the purchase of estates for redistribution purposes. Difficulties arise in British Guiana when land settlements on the basis of individual holdings are planned, since large-scale drainage operations are involved. Settlement along communal lines has been proposed as a solution, but on the whole little tangible progress seems to have been made. In British Honduras, recent policy has been directed towards improving the husbandry of existing small-holders, and extension of land settlements has not advanced beyond the planning stage. In the Leeward Islands, land settlements are being organised with a view, inter alia, to enforcing desirable standards and methods of husbandry. In Trinidad, there is well-developed machinery for supervising husbandry on settlements ; since 1939 ten new settlements have been established and six further settlements extended, involving the provision of 980 allotments covering some 1,050 acres ; six further estates comprising nearly 2,000 acres have also been acquired by the Government for land settlement purposes. In the Windward Islands, where a substantial proportion of the land is already distributed among small-holders, further action is planned. 1 Report of the Agricultural Policy Committee (Kingston, Jamaica, 1945), pp. 15-16. 114 LABOUR POLICIES IN THE WEST INDIES The importance of the land question in Puerto Eico and the controversy with which it has been surrounded have been referred to above. Here only a few aspects are touched upon. In relation to employment problems, the emphases of land settlement or resettlement policy in Puerto Eico are significantly different from those obtaining in the British areas. In the latter, land settlement projects are officially regarded primarily as a technique for alleviating underemployment, even though a considerable body of local opinion does not assent to this limited view ; the desirability or otherwise of the social changes involved in redistribution or new settlement has been a question less stressed. I n Puerto Eico, on the other hand, recent insular Government policy has been guided more by consideration of the social effect of the concentration of land ownership in relatively few hands. The following statement by the Land Authority, the insular Government's instrument of policy in this field, underlines this appraisal : It is the policy of the Land Authority of Puerto Rico to make the best use of the land for the benefit of the community as a whole. This policy will be served best by a system of land tenure which will enhance the highest productivity and employment and the most equitable distribution of land wealth as are consistent with efficiency and low cost. The proportional profit farms, as established under the provisions of the Land Law of Puerto Eico, accomplish these purposes. Hence, lands acquired by the Land Authority which are best suited for production in a commercial scale will be organized as proportional profit farms. Other lands not well adapted to large-scale production will be divided into individual holdings... 1 The endeavours of the Land Authority are not an entirely new departure in this regard. Eelated activities of the Puerto Eico Eeconstruction Administration have been thus summarised : (1) Demonstration project designed to decentralise land-holding in the sugar cane area through federal loans to land co-operatives, as at Lafayette. (2) Demonstration project encouraging the investment of private capital in less than 500-acre holdings implemented by federal loan to a mill co-operative, as at Los Caños. 1 Annual Report of the Land Authority of Puerto Rico for the Fiscal Year 1942-1943 (San Juan, P.R., 1944), p. 3. MANPOWER 115 (3) Demonstration projects in decentralisation of land ownership in sugar, coffee, tobacco, and citrus areas through federal resettlement projects on an ultimately reimbursable basis for landless agricultural workers and insolvent small farmers. (4) Demonstration projects in co-operation with federal and insular forest service in resettling indigent farmers on parceleros located in federal and insular forestry lands. During the fiscal year 1943-1944, 38 rural communities were established, involving the distribution of land to 5,100 agregado families, comprising some 25,000 persons. Up to 30 June 1944, 9,021 parcels of land had been distributed, the number of persons resettled being of the order of 45,000. The following account of the concrete results of the various rural resettlement programmes undertaken in Puerto Eico is summarised from a recent study. 1 An independent Homestead Commission was created in 1921 for the purpose of establishing urban workers' housing and small farms for rural labourers ; this Commission later became the Homestead Division of the insular Department of Labor. Up to June 1944, 2,046 small farms of an average size of the cuerdas had been established through this programme. Under the P.E.E.A. programme, between 1935 and June 1944— . . . nearly 10,000 families had been established in P.B.B.A. plots, about three quarters of whom were settled in the coffee, tobacco and fruit regions. The land occupied by the program amounted to about 28,000 cuerdas. A sugar mill, Central Lafayette, and 10,000 cuerdas of land were acquired and 4,500 cuerdas were used to organize a crop of twelve land co-operatives to be eventually owned and managed by the laborers. In 1938, the Farm Ownership Program of the Farm Security Administration was initiated in Puerto Eico ; up to June 1944 it had established 542 small farms totalling about 19,890 cuerdas. This agency does not directly purchase land but advances loans for this purpose at 3 per cent, repayable over a period of 40 years ; the selection of borrowers is made with great care. 1 University of Puerto Rico : Planning for Puerto Rico. A collection of papers prepared for the Seminar on Economic Planning, 1944-1945. Paper No. 5, Patterns of Sural Resettlement in Puerto Rico, by Brandon HOWELL (San Juan, P.R., 1945). 116 LABOUR POLICIES IN THE WEST INDIES BUBAL B E S E T T L E M E N T I N P U E B T O BICO B Y A G E N C I E S , FISCAL T E A B S , 1935-1944 Families resettled, by agencies Fiscal year Homestead P.R.R.A.* division l F.S.A. 3 Land authority* Total Prior to June 1934 . . 1934-1935 1935-1936 1936-1937 1937-1938 1938-1939 1939-1940 1940-1941 1941-1942 1942-1943 1943-1944 1,081 111 180 126 137 122 90 93 62 42 2 6,063 406 1,555 502 830 390 211 32 65 132 178 82 53 657 2,927 5,127 1,081 111 180 126 6,200 560 1,710 727 1,727 3,441 5,393 Total . . . 2,046 9,957 542 8,711 21,256 1 Now incorporated in the Land Authority. 2 Includes farms, subsistence plots, and agregado resettlement, with a range of % cuerda to 139 cuerdas. A majority are from 1 to 3 cuerdas. ' Individual family farms averaging about 37 cuerdas. * Does not include proportional profit farms. The figure for 1943-1944 includes 72 individual farms. The rest are agregado plots in rural communities. Note : source of information from the agencies concerned. Wherever possible the figures given are for families actually settled and not simply plots made available but not occupied. Migration Migration from the British West Indies to Cuba, the United States, Panama, South America and elsewhere has in the past been considerable. A few figures provided by the Unemployment Bureau, Jamaica, offer an illustration. From 1883 to 1935 the average annual exodus was about 10,000, being as high as 24,000 in 1919 ; the estimated average value of total annual remittances during these years was some £125,000 a year. 1 In the depression and post-depression years, up to the outbreak of the second world war, the migration trend was reversed and workers who had emigrated were returning home because of the decline in employment opportunities overseas. During the war, migration for employment overseas again became feasible and was of decided assistance in meeting employment problems. Some migration was inter-island ; O E D B B R O W N E : op. cit., p . 28. MANPOWEE 117 Trinidad in particular attracted labour from neighbouring dependencies. Munition and forestry workers were sent to the United Kingdom, as well as skilled tradesmen for the British Army. 1 Extension work on the Panama Canal has absorbed others, and also the refineries in the Netherlands territories of Curaçao and Aruba. Quantitatively, migration for employment to the United States, separately treated below, was of most importance. Illustration from a few territories clarifies these generalisations. The following table summarises the position in Barbados during the period June 1941-December 1945. 2 Number of emigrants June Destination 1941 1943 1944 to Dec. 1942 1945 Bermuda . . 219 59 21 St. Lucia . . 162 Trinidad . . 2,167 116 50 Curaçao. . . 786 137 United States 3,605 4,385 Number returned June Total 1941 1943 to Dec. 1942 1944 1945 Total 299 32 66 47 145 162 5 5 2,333 1,669 5 1,674 923 150 292 24 466 7,990 1,869 5,373 7,242 T o t a l . . . 3,334 175 3,813 4,385 11,707 1,890 344 1,925 5,373 9,532 I n St. Lucia and St. Vincent emigration was mainly to Curaçao, Aruba and Trinidad. Apart from migration to the United States, British Honduras sent two forestry units comprising about 1,000 men to the United Kingdom, a number of workers to Panama, and several hundred mahogany workers to Guatemala. British West Indian workers in the United States, were at first utilised entirely in agriculture, but later some were recruited for, or transferred to, industry. In 1943, 4,285 Bahamians and about 11,300 Jamaicans were recruited. Employment data for 1944 are summarised in the following table : 1 Over-all figures for the number of men from the British West Indies in t h e armed forces overseas are not available. The Benham Report sets the Jamaican figure a t 8,000. 2 Barbados Department of Labour, Report for the Period 1st January 1941 to 31st December 1942 (Bridgetown, Advocate Company Limited), p. 12. 118 LABOUR POLICIES IN THE WEST INDIES MAXIMUM TOTAL OP W O R K E R S R E C R U I T E D B Y WAR F O O D ADMINISTRATION Territory Barbados AND W A B M A N P O W E R W.F.A. 6,000 (approx.) 908 17,822 COMMISSION W.M.C. Total 6,000 2,751 1,243 972 3,659 1,243 18,794 29,696 1— In July 1945, 32,482 Jamaican workers were employed in the United States. This number had decreased to 28,710 by September. A substantial proportion of the Jamaicans were engaged in manufacturing work ; the figure in March was 10,400. In September of the same year, there were over 800 British Honduran workers under contract in the United States. The purchasing power derived from remittances from migrant workers is one index of the practical consequences of wartime migration for employment to the United States. In 1944, £1,600,000 was remitted by Jamaican workers in voluntary and compulsory savings or brought home ; the corresponding figure for the year 1945 was £3,770,000. During 1945, Barbadian workers remitted some £582,000. Since the war, there has been a much smaller volume of migration for employment from the British West Indies to the United States ; one factor influencing this decrease has been the classification of Puerto Eican migrant workers to the United States as domestic workers. The relationship of emigration to the population problems of Puerto Eico has been summarised in the following terms : It would (not) be realistic to trust that during the next ten to twenty years productivity in Puerto Bico can be increased sufficiently to maintain current living standards for the present annual net increment to the population. This has averaged 30,000 a year with a working population increment of perhaps 9,000. . . . Under such circumstances it would appear that the population-resources spiral must be broken by a conscious policy of emigration and birth control. Whatever the theoretical advantages in emigration there has actually been a net emigration of only 60,000 persons from the island during the 30-year period between 1910 and 1940. . . . Mass emigration of Puerto Bicans has been attempted several MANPOWER 119 times in the past, but generally has turned out so badly that it could only be contemplated again under the most careful recruitment, placement, and supervision. Mass emigrations to new territories, in addition, require a great amount of capital and initiative. In view of this it might be better to concentrate on preparing selected Puerto Bicans for individual emigration into 1higher skilled positions in the States or elsewhere in the Caribbean. A relatively small number of Puerto Eican workers have migrated in groups under contract for time specified to Hawaii, Cuba, other Caribbean Islands and the United States since the turn of the century. The only experiment of this kind which would appear to have met with a large measure of success was the migration of some 5,000 to Hawaii in 1900 ; in 1940, some 2,000 of these, with their descendants, still remained in that territory ; their adjustment had proved satisfactory. Individual and family migration has mainly been in the direction of the continental United States ; since Puerto Pico is an American territory, there are few difficulties in the way of such migration. Most Puerto Eicans falling within this latter category have been city-dwellers and some 85 per cent, of them have settled in New York City. Such migration was particularly well-marked during the first world war and the prosperity years (1923-1929) ; in the depression years the number of repatriates exceeded the number of migrants. Authorities agree that this individual and family migration has been conspicuously unsuccessful ; language difficulties, the place of colour in American culture-patterns, the change of climate and their heritage of malnutrition have militated against their successful adjustment and made their economic and social status low. The Zimmerman report, considering the unemployment problems of the United States in peacetime, further questioned the advisability of attempting to solve Puerto Eican population problems by large-scale migrations ; at least 50,000 Puerto Eicans, according to the report's calculations, would have to migrate every year to achieve this end. 8 Wartime migration for employment of Puerto Eicans to the United States was on a small scale. Up to August 1943, at which date the War Manpower Commission took over the responsibility for placing them, 256 industrial workers had been sent by the insular Government to the mainland and placed 1 2 B A B T L B T T and H O W E I A , op. Of. ZIMMERMAN, op. cit., cit., pp. p p . 52 a n d 17-18. 56. 120 LABOUR POLICIES IN THE WEST INDIES in industrial employment there 1 ; in all, 1,030 Puerto Eicans, the majority of whom were skilled workmen, were so engaged during 1943. In April 1944, it was announced that 2,000 unskilled workers for railroad maintenance work would be imported within the succeeding two months 2 , and that several thousand more were being recruited in Puerto Eico to relieve the manpower shortage in food processing plants in the United States. 3 Since the end of the second world war, there has been a strong wave of migration from Puerto Eico to the United States mainland. The Government of Puerto Eico has taken legislative action to provide assistance and guidance for migrant workers 4, and has created a more effective employment service in this connection. During the war years up to 1943, defence construction work in the American Virgin Islands attracted some 2,000 workers from neighbouring British islands. While the majority of these were repatriated, a number became absorbed in the local population. Employment Exchanges In all but a few British West Indian territories, legislation of a general character exists, assigning to the Labour Departments duties which include employment service activity. To give one example, the Leeward Islands Federal Department of Labour is recuired, inter alia— (i) to keep Government informed of the labour situation generally through permanent contact with industry by means of regular inspections and the analysis of statistics ; (ii) to prepare and maintain statistics of wages, employment, etc. ; (ili) to regulate the movements of labour so far as is practicable and desirable. Legislation establishing employment exchanges has been enacted in Trinidad and British Guiana. 1 U.S. Labor Press Servies, 16 Aug. 1943. War Manpower Commission, Press Release dated 14 Apr. 1944. 3 War Manpower Commission, Press Release dated 19 Apr. 1944. * Cf. below, Chapter VIII. 2 121 MANPOWEB Although an attempt has been made to use British West Indian employment exchanges to provide indices of employment and unemployment, the absence of any requirement or particular inducement to register with the exchanges has meant that any statistics that the exchanges can provide cannot be adequate for this purpose. îio fee-charging private employment agencies are known to exist. Specialised placement facilities are provided in five territories: Barbados, British Guiana, Jamaica, St. Vincent and Trinidad. There is no compulsory registration of workers or job vacancies, and direct engagement remains the rule. In Barbados, there is a single public central employment agency in the capital, Bridgetown. This agency existed before the establishment of the Department of Labour in 1940, but was brought under the direct control of the latter in 1944. Apart from its normal placement functions, the agency was used during the second world war as a selecting organisation for the emigration-for-employment programme adopted to recruit workers for temporary employment in the United States. The data collected by the agency is one basis for the work of the Barbados Standing Committee on Unemployment which advises the Government of Barbados on measures for unemployment relief. Eegistration with the agency is voluntary except that, during the war and up to the present, workers wishing to migrate for employment under Government schemes have been required to be registered. During 1941 and 1942, 10,114 applicants for work were registered ; 3,751 were placed, including emigrants, and at the end of 1942, 2,683 names remained on the live register as having applied or renewed their application within the previous three months. The following table illustrates the work of the agency in the first half of 1946 : Quarter ending Applicants for work Number placed in local employment Number unfit for work (for health or other reasons) . Total registration . . . 31 March 1946 30 June 1946 23 11 3,998 4,032 25 9 3,353 3,387 122 LABOUR POLICIES IN THE WEST INDIES The Department of Labour has emphasised that " most labour (in Barbados) is casual and the fact that a man is registered at the employment agency does not mean that he is wholly unemployed ". In British Guiana, placement facilities were provided by a Government employment bureau in Georgetown until an employment exchange system was set up in 1944. One of its main objectives has been the collection of adequate unemployment statistics, but placement activity has also been stressed. The Employment Exchange Service is an integral part of the Labour Department. The headquarters office was opened in Georgetown in October 1944 and four branch offices between April 1945 and February 1946. Applications for registration from areas other than these centres may be made by post. Up to June 1946, the exchanges provided for men only, but since that date, the placement of women has been begun in two centres. The placement of returned servicemen has also been organised. The following table summarises the activity of the Service from its inception to 30 March 1946 : Boys Notified found work Number registered Area Men Vacancies notified Number submitted N u m - Number of ber vacancies placed cancelled 4,585 448 470 43 609 25 3,019 46 2,133 46 866 30 1,101 Other areas . Total . . . 5,033 513 634 3,065 2,179 896 1,101 Georgetown . The dock labour industry has an employment service arrangement of its own. In October 1943 a Port Labour Registration Scheme came into operation under an agreement signed by the waterfront employers and the British Guiana Labour Union, representing the waterfront workers. The objects of the scheme are to decasualise port labour in the port of Georgetown and to provide an adequate and efficient labour force for waterfront work in the port. The scheme is operated by a joint committee of representatives of employers and workers in equal numbers, with the Commissioner of Labour as chairman during the early stages. At the end of December 1945, there were 370 stevedores and 506 wharf workers registered. MANPOWER 123 Jamaica has a single public employment office, the Kingston Employment Bureau. The annual report of the Jamaica Department of Labour for the year 1940 gives the following account of its establishment and functions : The Kingston Employment Bureau was established at the commencement of the financial year (April 1940) for the purpose of registering unemployed persons, and finding employment for them where possible. During the year, 13,381 persons registered at the bureau as having little or no employment. Of this number, approximately 3,800 have been placed. . . Government required all public as well as parochial departments to draw their labour supply from the bureau, and the demand from these sources, together with the recruitment of workers for the Canal Zone, comprise to a large extent the number of positions that have been filled. As in other British Caribbean areas, registration is voluntary. The bureau is largely autonomous as regards its internal administration, but policy is directed by the Labour Department. In addition to local placement work, the recruitment of Jamaican workers for employment overseas during the war years and the screening of armed forces volunteers was undertaken. 1 An analysis of registration with the bureau to the end of 1943 revealed that since its inception over 60,500 persons had used its placement services, of whom approximately 10,000 were placed in employment either in Jamaica or overseas. In January 1944, over 17,000 applicants were on the live register, but in December of the same year the number was under 13,000. During 1944 the bureau secured employment for over 2,400 workers on Government and quasi-Government undertakings ; only 330 were placed in private employment. With the end of the war, emphasis has shifted to the resettlement of ex-servicemen. In placing them, the bureau works in collaboration with a newly appointed Eeabsorption Officer and a Central Ex-Servicemen's Assistance Board which is authorised to supervise and direct the execution of all approved Government resettlement schemes. In St. Vincent, sixteen unemployment registration centres are in operation. These centres are operated on a part-time basis through the elementary schools and teachers under the direction of the Commissioner of Labour. I t is claimed 1 Up to the end of 1944, over 25,000 workers had migrated to the United States for employment on farms or in industry ; over 4,000 to Britain for munitions work or war service ; and nearly 6,000 for employment in Panama and other areas. 124 LABOUR POLICIES IN THE WEST INDIES that, whatever the administrative defects of this arrangement, a useful function is performed on a largely voluntary basis by persons who know the community well, and that the finances of the territory do not permit the adoption of any other placement scheme at present. At the end of March 1946, persons on the registers of these centres numbered 1,112, of whom 596 were known to be in employment. The centres have been used in placing a small number of ex-servicemen. I n Trinidad, a public employment exchange was set up in the capital, Port of Spain, in 1935 under the Labour Exchanges Ordinance of 1919. A few branch exchanges have subsequently been established and efforts are being made to establish a juvenile registration and placement section in Port of Spain. The exchanges are under the administrative control of the Industrial Adviser's Department. A Eesettlement Office was set up in 1945 to assist, inter alia, in the placement of ex-servicemen ; and a Resettlement Advisory Committee helps to frame policy in this respect. Registration is voluntary, though an attempt has been made to arrange that Government departments fill their labour supply requirements exclusively from the exchanges. During the years 1938-1940, the exchanges placed 3,810 workers. The following are the most recent figures available : Registrations Quarter ended Male Female 31 30 30 31 31 30 30 Mar. 1947 J u n e 1947 Sept. 1947 Dee. 1947 Mar. 1948 J u n e 1948 Sept. 1948 . . . . . . . . . . . . . . . 1,360 704 . . 670 . 1,243 . 1,055 400 . 355 . 175 206 209 311 261 225 266 Vacancies filled Live register on last day ol quarter Male Female Male Female 50 44 69 82 69 99 133 29 53 66 18 47 52 73 208 42 60 110 60 68 70 200 220 223 145 226 170 133 In the American Virgin Islands, no specialised labour supervision services exist, such services being provided as part of the general duties of the Department of Public Welfare. During the second world war, this department acted as a simple placement service in connection with the defence projects undertaken in the islands ; in peacetime, it is questioned whether the very small area of the territory necessitates any more specialised arrangements. 125 MANPOWEB The increased activity of the employment exchange services of Puerto Rico, which include branches in New York and Chicago to deal with Puerto Eican migrant workers, is indicated by the fact that while the service in Puerto Rico placed 5,574 registrants during the three years 1940-1944, and the New York branch 3,751 during the two years 1940-1942 the Employment and Migration Bureau, as it is now termed under recent legislation, placed in all 11,128 during the year 1947-1948 and 11,820 in the year 1948-1949. The legislative provisions in regard to employment exchanges in the French and Netherlands territories are described in Chapter VIII. In Surinam during the years 1946, 1947 and 1948, the employment exchange office placed 1,769 workers. The following are the most recent figures available for Surinam : Applicants registered . . Number placed . . . . 1946 1947 1948 2,065 485 1,757 614 1,747 670 Registration is voluntary. Employers have sought to fill their labour supply requirements exclusively from the exchange, which has consequently been able to operate effectively. Among the applicants registered, as shown in the table, a number were only seeking a change of employment. To check on applicants, 500 undertakings were visited during 1948 by the employment service. Although the number of applicants registered with the employment exchange office at 31 December 1948 numbered 2,367 (including 133 women and 74 juveniles), it was estimated that at that date the number genuinely unemployed was approximately 1,700. In the Netherlands Antilles, the employment office administers and controls the registration of workers, issues work books, and registers and places the unemployed. As involuntary unemployment is of very slight incidence in the territory, the main task of the office at present is the registration of workers in regard to which much progress has been made. At the beginning of 1949, nearly all labourers in Curaçao, Aruba and Bonaire were registered and in possession of a work book. 9 126 LABOUR POLICIES IN THE WEST INDIES While the problems of unemployment and underemployment, consequent on a rapid growth of population in an area in which, in general, economic activity is expanding at a rate much lower than the increase of available manpower, constitute the very heart of West Indian labour problems, in very few territories does the evidence available suggest the existence of adequate remedial policies based on adequate manpower information and employment organisation machinery. I t is, therefore, of particular interest that the fifth session of the West Indian Conference, to be held in 1952, will examine, inter alia, the problems of vocational training in the region ; such examination will necessarily include a number of related aspects of the manpower situation. CHAPTEE IV THE MACHINERY OF INDUSTRIAL RELATIONS The term " machinery of industrial relations ", in the present context, covers principally three distinct types of organisation : (a) Government labour administration services in so far as these are concerned with the problems of industrial relations, (b) workers' and employers' organisations, and (c) special boards and committees of a bipartite or tripartite character concerned with industrial relations and general labour policy. Because of the intimate relationship between this machinery and the labour supervision services generally, the chapter also includes an account of the latter. Notwithstanding a diversity in patterns, the background to industrial relations presents certain common features throughout the area. Almost everywhere agricultural workers are a marked majority of the wage-earning population, and experience has indicated the difficulty of effectively unionising such workers. Workers in domestic service, in regard to whom a similar difficulty exists, form also a prominent employed group. The normally high incidence of unemployment or underemployment has made the organisation of workers difficult and the organisation of employers for industrial relations is apt to be neglected as unnecessary. The self-organisation of skilled workers has in more industrialised communities often been the point of departure and working core of a trade union structure ; in the West Indies employment in skilled occupations is relatively insignificant. In general, the unionisation of the resident worker x is comparatively difficult ; in the West Indies resident labour is important both on plantations and in extractive industries such as oil and bauxite. Unemployment and intermittent employment, no less than low-wage levels, militate against the formation of The worker whose housing is provided by the employer. 128 LABOUR POLICIES IN THE WEST INDIES strong trade unions. In an environment in which such conditions are prevalent, the tasks of the labour administration services and of special boards and committees extend to spheres of action with regard to which, in more highly organised communities, employers' and workers' organisations have a more immediate responsibility. I t is hardly more than a decade since any specialised governmental machinery has been created in the field of industrial relations in any part of the area ; in a few territories it does not yet exist. The development of adequately representative organisations for collective bargaining is an even more recent trend, which is only gradually becoming the normal pattern. The increased concern of the local administrations with the field of industrial relations has found expression in the creation or extension of conciliation and arbitration services and the enactment of legislation providing added protection for trade union activities and designed generally to facilitate collective bargaining as well as by more direct action in prescribing minimum standards in regard to wages, hours and conditions of work, the subject matter of collective bargaining. This increased sense of responsibility on the part of the Governments has been largely a function of the altered relationship between employer and worker. The number of trade unions and employers' organisations as well as their membership and representative status have notably increased. The quality of leadership that has emerged in some cases is of a very high order. The scope of recent major collective agreements and the part played in their negotiation by officials of the Labour Departments concerned indicate the improved atmosphere of government-worker-employer collaboration. Such collaboration has begun to be fruitful both in the shaping of labour policies and the solution of specific problems. In addition, trade union policy has become a vital part of local politics, and this indicates that the Governments, old and new, will increasingly be judged by their results in the field of social relations. THE MACHINERY OF INDUSTRIAL RELATIONS 129 BRITISH TERRITORIES General Government Policy and Machinery Since 1939, Government policy in the British areas has substantially followed the recommendations of Major Orde Browne and of the West India Eoyal Commission of 1938-1939 in regard to labour supervision and industrial relations. Notable results of this policy have included the enactment of improved trade union legislation, the encouragement of trade union development by the appointment of former British trade unionists to Caribbean labour supervision staffs, the extension of labour supervision services, the establishment of labour advisory boards, improved conciliation and arbitration machinery and wage-fixing machinery on a tripartite basis. One recommendation of the West India Eoyal Commission was the establishment of more specialised machinery in London to assist in the shaping of labour policy in the colonial empire. The Commission recommended " that a Labour Department should be established within the Colonial Office, and a Labour Advisory Committee appointed composed of persons with expert knowledge of labour and colonial questions V No Labour Department has yet been established in the Colonial Office, but a Social Services Department within the Colonial Office dealing, inter alia, with labour questions relating to the colonial empire generally, has been operating since 1938. In May 1938, Major Orde Browne was appointed to the newly created post of Labour Adviser to the Secretary of State. In 1942, a Colonial Labour Advisory Committee was established " to consider and advise upon any questions concerning the employment of labour in the colonies which the Secretary of State may decide to refer to it ". 2 Among its members were the three British representatives on the Governing Body of the International Labour Office ( Government, employer and worker). The Advisory Committee has since been reorganised. The Labour Adviser is now assisted by two Assistant Labour Advisers. The staff of the Comptroller for Development and Welfare in the (British) West Indies includes a Labour Adviser, as 1 ßecommendations, op. cit., p. 15. Cf. Labour Supervision in the Colonial Empire, 1937-1943, (London, H.M. Stationery Office, 1943) Colonial No. 185, pp. 2 et seq. 2 130 LABOUR POLICIES IN THE WEST INDIES recommended by the West India Eoyal Commission. As is the case with other advisers on the Comptroller's staff, this officer has a wide range of duties with regard to the development of policy, maintaining liaison with the relevant staffs of the different territories, and on request investigating and advising on local problems of particular importance or immediacy, but his contribution largely depends on the extent to which the territories wish to avail themselves of his services. Both the Eoyal Commission and the first Labour Adviser to the Secretary of State related the need for improved labour administrative machinery to the problems of industrial relations. This was to be expected, since the immediate background for the Commission's enquiries was the series of labour disturbances from Kay 1934 to February 1939 in Trinidad, St. Kitts, Jamaica, British Guiana, St. Vincent and Barbados. The Commission recommended— . . . to cover the period before trade unions are developed to the point at which they can play a decisive part in the regulation of wages and conditions of employment, action by Governments in this direction through the medium of Labour Departments or officers. These organisations should be assisted by advisory boards representative of employers and employed with an impartial Chairman. Labour Departments or special staff to deal with labour problems, i.e., labour supervision services, exist in the following twelve territories : Antigua, Bahamas, Barbados, British Guiana, British Honduras, Dominica, Grenada, Jamaica, St. Kitts-ïfevis, St. Lucia, St. Vincent and Trinidad ; there is also a Leeward Islands Federal Department of Labour and a Labour Adviser to the Windward Islands. The precise responsibilities assigned to these services vary from territory to territory, and the extent to which these responsibilities can be discharged adequately depends also on the personnel available. 1 In the territories with small populations, such as the individual Windward Islands, the Labour Department staff includes only one senior official. In the larger territories, the size of the staffs permits specialisation on the part of the senior officers. The pattern of activities of the Departments is not uniform. In some territories no provision yet exists to provide the Labour Department with inspection powsrs ; in some territories, employment Cf. also Chapter VIII for an account of labour supervision legislation. THE MACHINERY OF INDUSTRIAL RELATIONS 131 services are autonomous, in others within the Department. But, notwithstanding these variations, the essential function of all the services has been thus summarised by a West Indian Governor : The business of the local Labour Department is to supply the Government with an information service of such accuracy that causes of discontent may be diagnosed before they develop into grievances and to inspire such confidence between employer and employee that these, in the majority of cases, may be xwilling to settle their differences in reasonable conference together. Labour advisory boards or committees have been or are in existence in the following eleven territories : Antigua, Bahamas, Barbados, Bermuda, British Honduras, Dominica, Grenada, Jamaica, St. Christopher and ÎTevis, St. Lucia and St. Vincent. In 1944 the Secretary 01 State for the Colonies summarised the functions and composition of such boards in the British Colonial Empire as a whole in the following terms : Workers are directly represented on a number of these boards, but, in territories where it is found impossible to find qualified workers' representatives, the interests of such are entrusted to officials and others nominated by the Governor to represent them. The boards are set up to advise Governors on labour questions generally, and their decisions are not mandatory. The matters so far reviewed by them have covered a wide field, including fundamental labour legislation, wage rates, cost of living, unemployment, relief to workers, recruitment, employment of women and children and the abolition of penal sanctions for breaches of contract of employment. In many instances legislation has been passed on the lines advised by these boards and I am satisfied that their activities have been and will prove 2to be useful in advising the Governors on these important matters. All such boards in the British Caribbean have been set up since 1939. In Barbados and Jamaica they now no longer exist. Minimum wage fixing machinery, considered in more detail elsewhere 3 , requires some mention here for two reasons. Minimum wage fixing machinery and collective bargaining represent two alternative or complementary procedures through which are set standards for the conditions of work which 1 Speech of Governor of the Windward Islands to the Legislative Council of Grenada, Voice of St. Lucia, 3 Aug. 1944. 2 Parliamentary Debates, House of Commons, London, 1 Feb. 1944. 3 Cf. Chapters V and VIII. 132 LABOUR POLICIES IN THE WEST INDIES are the basis of industrial disputes. The United Kingdom Government has indicated that its policy in the colonies is to have recourse to the powers conferred by minimum wage legislation only when circumstances do not permit collective bargaining to obtain results desired. 1 The extent to which minimum wage fixing machinery has been utilised in the British West Indies is therefore of interest. The following occupations were covered by Minimum Wage Orders up to 1946 : Bahamas . . . . British Guiana . British Honduras Dominica. . . . Grenada . . . . Jamaica . . . . Building, lumbering, sponge-fishing, gardening, stevedoring. Waterfront workers, bakeries. River crews, mahogany workers, chicle workers. Shop assistants, agricultural workers. Agricultural workers. Sugar industry, printing trade, catering trade (Kingston and St. Andrew), bread and cake bakery trade (Kingston and St. Andrew), biscuit trade (Kingston and St. Andrew). St. Christopher . Sugar cane harvesting. St. L u c i a . . . . Agricultural workers, shop assistants, coaling industry, sugar industry. St. Vincent. . . Agricultural workers. Employers'' and Workers'1 Organisations According to available information, there are at the present time some 120 organisations registered under the trade union legislation of the British territories, most of which have come into being over the past ten years. With the exception of a few trade protection societies and employers' organisations, they are trade unions of wage earners. Most of the unions are small and in all the territories the proportion of organised trade unionists among the wage earners is low. In Jamaica, Trinidad, and British Guiana, in each of which there are several unions, there are bodies of the Trade Union Council type, designed to afford some territorial centralisation of the trade union movement. In Jamaica, however, where there is a deep-seated jurisdictional conflict, the unions associated in the Trade Union Council constitute only a small percentage of organised workers. In British Guiana, only since a reorganisation of the Council in 1943 has it been based on the effective support of a major part of the local movement. In Trinidad, a split between the unions in the north and south of the island occurred in 1943 ; after it had ended, a further 1 Cf. Labour Supervision in the Colonial Empire, op. cit., p. 13. THE MACHINERY OP INDUSTRIAL RELATIONS 133 split occurred on different lines, producing a situation in which an enquiry into the industrial relations structure in Trinidad was found desirable. At the time of writing the trade union movement in Trinidad is still divided. The British Guiana and West Indian Trade Union Congress, which came into existence in 1926, but had held only two meetings up to the outbreak of war, was resuscitated in 1944 at a meeting held in British Guiana. At a Conference held in Barbados in September 1945, this body became the Caribbean Labour Congress. The Barbados Conference was attended by representatives from Antigua, Barbados, Bermuda, British Guiana, Grenada, Jamaica, St. Kitts, St. Lucia, St. Vincent, Surinam and Trinidad. A Constitution for the Congress was formally adopted. Under its terms, the Congress is to include representatives of trade unions, co-operative societies and socialist political organisations in politically dependent territories in the Caribbean area ; provision is however made for separate trade union sessions at each annual Conference. The Barbados meeting adopted a number of resolutions, dealing, inter alia, with economic development and social and industrial legislation ; its primary significance nevertheless seems to lie in the decision to establish a permanent institution. A further meeting was held in Jamaica in 1947. Existing trade union legislation as a whol represents a great advance over the pre-war situation ; considerable progress has been made in the direction of enabling unions to organise effectively and to pursue their objectives with legality under appropriate safeguards along approved modern lines. Much of the legislation has, however, been adopted so recently that it has not yet had time to show its full effects. A resolution adopted by the 1945 Caribbean Labour Conference, indicating some of the changes West Indian trade unionists considered desirable at that date, was framed in the following terms : Congress desires to invite Colonial Governments in the Caribbean area to introduce Trade Union Ordinances where such do not exist and, in the territories where Trade Union Ordinances exist, amendments should be introduced where necessary to provide— (1) peaceful picketing embodying the provisions of the British Acts and that the restriction which obtains in some of the territories limiting pickets to three persons during a trade dispute should be immediately removed ; 134 LABOUR POLICIES IN THE WEST INDIES (2) that trade union funds should be made immune from liability in actions for tort arising out of a trade dispute ; (3) that the existing sections which debar civil servants and certain other Government employees from becoming members of trade unions with political objects should be repealed ; (4) that the existing sections which make it illegal for trade unions to utilise any part of their funds for political purposes should be repealed ; (5) and further, Congress urges that all other restrictive sections contained in the trade union legislations in force in the Caribbean territories, which are based upon the British Trades Dispute Act of 1927, should be immediately repealed. The trade union movement in the British West Indies has characteristics readily comprehensible in the light of its history and present stage of development. Its fundamental objective, the improvement by collective action of wages and working conditions, is, as elsewhere, a matter of common understanding ; as elsewhere, right-wing and left-wing elements differ as to procedure and as to the economic and social framework within which most progress would be possible. But political dependence and the fact that a large segment of the employing class is associated in the minds of the workers with a ruling caste, no less than the narrow range of leadership available in small communities, has led in many cases to close relationship between the political and industrial aspects of British West Indian labour movements. Because trade unionism is such a recent growth, the need for consistent financial support of their unions by workers has not fully been realised ; the dues-paying members of unions thus usually represent only a small proportion of those willing to support collective action if, for example, a strike were called. Because of the haphazard way in which unions have sprung up, jurisdictional strife is common. In British Guiana and to a less extent in Trinidad the mixed racial composition of the labour force is a factor in industrial relations. I t does not appear, however, that this has added to the inevitable early difficulties of trade union organisation except in so far as it is a normal tendency for persons of bike origin to associate and except where a race grievance is artificially interposed. As part of the policy of assisting the development of industrial organisation, two of the six British trade unionists appointed as labour officers to British dependencies in 1942 were sent to the Caribbean. The British Trade Union Congress has provided correspondence courses for trade union leaders THE MACHINERY OF INDUSTRIAL RELATIONS 135 and has offered to afford training for a more limited number at Buskin College. But while the training of potential leadership will be of value, the problem of leadership is but one of the problems of a young trade union movement. Only in fairly recent years has the organisation of employers assumed more than negligible proportions in most territories. The Labour Departments have in the past generally found difficulty in endeavouring to promote such organisation and in persuading individual employers to agree to delegate adequate power to their representatives where such organisations have been established. Eecently there have been improvements in this position with the increased importance which collective bargaining over wide areas of industry is assuming. Already in 1945, collective agreements had become the procedure for fixing wages in the all-important sugar industry in British Guiana, Jamaica, Antigua, St. Christopher and Trinidad. These agreements reached during January 1945 were renewed and strengthened in 1946 and subsequently. Taken together in the fight of the history of employer-worker relationships in these areas, they indicated that a new pattern was emerging. In British Guiana, the Sugar Producers' Association on 29 January 1945 signed two detailed Memoranda of Agreement on questions of procedure to preclude industrial conflict, one with the Man Power Citizens' Association and the other with the British Guiana Workers' League. In Jamaica, the Bustamante Industrial Trade Union signed agreements with the Sugar Manufacturers' Association and the All-Island Cane Farmers' Association covering bargaining rights, general procedure, wages, hours, overtime rates, holidays with pay and sick leave. The Antigua Sugar Planters' Association and the Antigua Trades and Labour Union signed an agreement on wage rates for the reaping of the 1945 cane crop on 17 January 1945. In St. Christopher an agreement of 15 January 1945 between the St. Kitts-ÏTevis Trades and Labour Union and the St. Christopher Sugar Producers' Association covered the questions of wages, cost-of-living allowance and procedure in case of disputes. E epresentatives of the sugar manufacturers and workers in Trinidad signed a one-year agreement—the first in the industry in this territory—determining procedure, providing for holidays with pay, establishing a joint consultative committee and providing for 15 per cent, wage increases. 136 LABOUR POLICIES IN THE WEST INDIES The development of collective bargaining in the sugar industry represents but one aspect, if an important one, of a trend becoming progressively more and more pronounced. Specialised Industrial Relations Machinery Provision for the establishment of arbitration tribunals and for boards of enquiry in the event of apprehended or existing trade disputes exists in the legislation of the following territories 1 : Barbados, Bermuda, Jamaica, Trinidad and Tobago, the Leeward Islands, the Windward Islands and British Honduras ; under the British Guiana Labour Ordinance of 1942 2, the Commissioner of Labour is empowered in such circumstances to institute enquiries, attempt conciliation and in the last resort recommend the formation of an arbitration board. Arbitration tribunals are to consist of one or more arbitrators with or without equal numbers of assessors representative of employers and workers. Under recent legislation, labour boards have been set up in the Bahamas and Bermuda to act as conciliation machinery. Since their establishment, the Labour Departments in the British West Indies have in general been valuable agents in promoting collective bargaining. The work of these Departments in bringing together parties to disputes or apprehended disputes has been extensive ; it is evidenced both by the number of collective agreements in the negotiation of which the Departments have played an essential part, and by the assistance they have provided, where trade unionism was absent, in promoting the settlement of grievances in industry. The West India Eoyal Commission recommended " that West Indian Governments should set an example in labour matters by forming Whitley {i.e., joint advisory) Councils for civil services, and (that) the principle should be extended to subordinate staff and teachers ". Whitley Councils have up to the present time been established in Antigua, Barbados, British Guiana, Grenada, Jamaica, St. Kitts, St. Vincent and Trinidad. A further recommendation, the establishment of an Industrial Court for the (British) West Indies as a whole has not so far been implemented. One reason is the fear 1 2 For details of the relevant legislation, cf. Chapter VIII. No. 2 of 1942. THE MACHINERY OF INDUSTRIAL RELATIONS 137 expressed that there might be a tendency to refer even minor disputes to it in the first instance, a difficulty which it should not be beyond the range of suitable arrangements to overcome. A more substantial argument is that such a step may impede the development of collective bargaining. Eecent events would seem to indicate that the machinery described above still requires development, at least in the larger territories. A Committee on Industrial Eelations was appointed in Jamaica on 5 April 1943 to consider and make recommendations on— (a) means for securing a permanent improvement in the relations between employers and workers ; (b) methods and machinery for securing that, in future, wages and working conditions in agriculture, industry and commerce should be systematically reviewed by those concerned ; (c) machinery for the speedy settlement of trade disputes and strikes ; and (d) the position with regard to trade unions, employers and the non-unionist worker ; and present trends in trade union legislation and organisation. The recommendations contained in an interim report of this Committee, dated October 1943, are noteworthy. If adopted, they would introduce a pattern of industrial relations machinery based on principles markedly different from those which have to an increasing extent informed law and practice in British Caribbean territories in recent years. So far the emphasis has been on voluntary conciliation ; provision has been made for governmental minimum wage-fixing where no alternative existed ; but it seems to have been presumed that in most cases organisations of employers and workers would thrive on the responsibilities of finding their own solutions to disagreements. The Committee's decision to present an interim report was based on the following stated reasons : (a) the prevalence of fairly widespread labour unrest, particularly in agriculture ; (b) the imminent danger of complete breakdown of such loose forms of voluntary bargaining as existed ; and (c) the necessity of immediate assurance that Government, in consultation with representatives of employers and workers, would examine the general position and take early steps to ensure the setting up of agreed machinery for the systematic review of wages and working conditions, and for the settlement of strikes and disputes. For the systematic and continuous review of wages and working conditions the Committee recommended the establish- 138 LABOUR POLICIES IN THE WEST INDIES ment of central trade boards and a central agricultural board with local advisory committees. The considerations underlying this proposal were stated in the following terms : Voluntary organisations operating voluntary bargaining machinery is recognised as an ideal. This system has been tried in Jamaica since 1938, in accordance with the principle advocated by the board of conciliation appointed in that year b u t . . . it is out of touch with the realities of the situation in this island and is an unsuccessful attempt to apply methods, successful in England, but entirely unsuitable to the far different circumstances existing in Jamaica, chief among them being, the absence, in many instances, of an enlightened policy on the part of both workers' and employers' organisations in matters affecting industrial relations. There is hope for improvement in this direction, but, at the present stage, there is urgent need for the establishment of statutory machinery x on which employers and workers will be fairly represented. The educational experience and training which would be afforded to these representatives should be of considerable benefit in their2 organisation towards the development of well-balanced bargaining. I t was also recommended that a single arbitration court should be set up for the whole of Jamaica to deal with the settlement of disputes that have outlasted negotiation and conciliation processes 5 this board should have as its chairman a Judge of the Supreme Court and be empowered at his discretion to adopt methods of mediation, voluntary arbitration or compulsory arbitration. On notification of a dispute, or if a dispute is apprehended, it was proposed that the Labour Adviser should take the following steps, in succession, in attempting to facilitate a settlement : (1) endeavour to bring the parties together in conformity with the terms of any existing collective agreement ; (2) endeavour to secure agreement to have the matter considered and settled by discussion either directly between the parties or by the central trade boards or the central agricultural board ; (3) refer to the arbitration court within ten clear working days after the date of receipt by the Labour Department of particulars from either party setting out the matters in dispute. Other recommendations include the establishment of Departmental Councils, similar in constitution to the Whitley Council for the Civil Service of Jamaica, covering such employees of Government, quasi-Government, municipal and parochial authorities as do not belong to the Civil Service; the enactment of a single 1 2 Machinery, the decisions of which would have statutory effect. Interim Report of the Commutée on Industrial Relations (Jamaica, 1944). THE MACHINERY OF INDUSTRIAL RELATIONS 139 comprehensive Industrial Eelations Law and inviting the co-operation of the parties to ensure recognition of trade unions' rights to peaceful picketing. Finally the committee recommended the acceptance of a Fair Labour Code, the text of which is appended to the interim report, for the guidance of employers and employees and their representatives in matters affecting industrial relations. This code was formulated and accepted by representatives of the four chief employers' associations, representatives of the two leading trade union groups, the Chairman of the Committee on Industrial Eelations, and the Labour Adviser, and approved by the Committee. Tnter alia, the code defines unfair labour practices ; the rights, duties and responsibilities of employers and employers' associations in regard to self organisation and conditions of employment and of employees and trade unions in regard to self organisation, application to duty, protection of the property and interests of employers, and picketing and of both groups in negotiations and disputes. 1 There is little to show that the policy advocated by the Jamaica Committee on Industrial Eelations will displace the policy of voluntary conciliation, which has in general met with success in the British West Indies. The policy represents, however, an alternative which may gain more support should the difficulties of post-war adjustment not be overcome by present methods. I n practice, the operation of all this machinery of industrial relations in the British territories presents a series of varied patterns, dependent on the factors noted above. This complexity may perhaps best be analysed by brief notes summarising available information on trends during the past few years. Some attention will also be paid to those historical developments which help to explain these trends. Bahamas and Bermuda Until the formation very recently of the Bahamas Trades and Labour Union the organisation of employers and workers on modern lines was non-existent in these territories. This situation is partly to be explained by the character of their economy. 2 1 2 Ibid. Cf. above, Chapter I. 140 LABOUR POLICIES IN THE WEST INDIES Trade union legislation in the Bahamas was first enacted in 1943, but excludes agricultural and domestic workers from its scope. Legislation was enacted in Bermuda in 1946 after the failure of earlier attempts to secure suitable provision. Legislation was also enacted in 1946 setting up'conciliation and trade disputes machinery in both territories. I n both territories there are labour advisory boards ; there is a Labour Commissioner in the Bahamas and recent legislation has empowered the Governor to appoint a Labour Officer. I n view of the important segment of workers -who were at one time employed on the United States bases, there have been United States military representatives on both advisory boards ; the board in the Bahamas was in point of fact first constituted as a Committee to advise on questions relating to the employment of labour on these bases. Serious labour disturbances occurred in the Bahamas in 1942. The general finding of a commission, appointed on 2 October 1942 " to make a diligent and full enquiry into and report upon the recent disturbances which took place in June 1942 ", and to make recommendations, was " that these disturbances were due to questions as to labour and wages and to the economic causes of depression ". The inequality of wages in an American undertaking between workers who «ame from the United States and Bahamian workers was, on t h e finding of the Commission, the immediate cause of unrest. The Commission recommended, inter alia, that legislation should be enacted dealing with trade unions and industrial conciliation machinery in order that labour legislation in the Bahamas might be brought up to reasonable modern standards. 1 The framework of the machinery of industrial relations in these two territories was thus until recently less advanced than that of most other parts of the West Indies. A Bermuda Workers' Association, formed in 1945, claimed at that time a membership of some 1,200, but, until the enactment of the 1946 Trade Union and Trade Disputes Act, could not have the facilities for its functioning generally regarded as necessary. 1 " The Beport of the Commissionerà appointed to enquire into Disturbances in the Bahamas which took place in June 1942 " in Official Gazette Bxtraordinari/, 19 Jan. 1943. Cf. also : International Labour Review, Vol. XLVIII, No. 5, Nov. 1943, p. 637. THE MACHINERY OF INDUSTRIAL RELATIONS 141 Barbados The development of industrial relations machinery in Barbados since 1939 epitomises the change in the pattern of labour relations which has taken place in the British West Indies as a whole over that period. In 1939 there were no employers' or workers' organisations and no Department of Labour ; collective bargaining and conciliation and arbitration machinery were non-existent. In all these respects the changes which have since been effected are impressive. The Labour Department was established in 1940. Its present staff includes a Labour Commissioner, a Labour Inspector and a senior clerk. The Department has also been responsible, since 1944, for the administration of the public Employment Agency, which was an independent entity up to that date. One of the Department's early tasks was fostering the establishment of a system of voluntary conciliation boards which have subsequently proved of great value in resolving and preventing industrial disputes. These boards consist of workers' and employers' representatives and representation from the Department of Labour and began to be utilised even before formal organisation of employers and workers existed. Five agricultural conciliation boards were formed in the latter part of 1940 and reached agreements in 1941 covering, inter alia, hours of work, wages, time, piece and canecutting rates, inspection by the Labour Commissioner and avoidance of disputes. Prom 1942, however, the boards ceased to function because of governmental control of production, supplies and price ; in particular, the fact that the Ministry of Food was purchasing the entire sugar crop at a fixed price decisively limited the area of collective bargaining. But the initial success of this machinery showed the practicability of the policy recommended by the Royal Commission— . . . to cover the period before trade unions are developed to the point at which they can play a decisive part in the regulation of wages and conditions of employment, action by Government in this direction through the medium of Labour Departments or Officers. 1 1 Recommendations, op. cit., p. 15. 10 142 LABOUR POLICIES IN THE WEST INDIES A central labour advisory board was also created in 1940. The principal subject matter of this board's deliberations was the review of agreements arrived at through the voluntary joint negotiations of the industry conciliation boards. With the adoption of the Wages Boards Act of 1943, the board was dissolved as the Act transferred these functions to the Governor-in-Executive Committee. The voluntary conciliation board system has gone on from strength to strength, a process to which the progressive development of representative employers' and workers' organisations has contributed. In 1942 a conciliation board was established as a continuing body for the foundries ; earlier in the same year an ad hoc board had met consisting of representatives of the foundries and of the Engineers Division of the Barbados Workers' Union and had reached agreement in regard to grading, hourly rates of pay and a promotion system. In 1943 the board reached agreement on the granting of holidays with pay. An ad hoc board for the bakery trade increased by 40 per cent, in 1943 the rates agreed on by the bakers' conciliation board in 1940. During 1944 conciliation boards dealt with the affairs of the following categories of workers : coopers, produce porters, ships' carpenters, foundry engineers, lightermen and stevedore labourers. The first trade union in Barbados, the Barbados Workers' Union, was registered in 1941. In 1943 the union had approximately 350 dues-paying members, although its actual following was much larger. At first concentrating on securing adherents in urban districts, the union has since extended the scope of its activities. At the end of 1944 the 22 divisions of the union had a financial membership of nearly 3,700 ; in March 1946, the union claimed a membership of some 8,500, a large proportion of them non-urban agricultural workers. The achievements of the union have been concrete and substantial. Between July 1947 and July 1948, it entered into agreements on behalf of its divisions with eight groups of employers in the shipping, bakery, transportation, telephone, electricity and tobacco industries. îfo further organisations were registered under trade union legislation until 1945. In that year were registered three more unions : the Barbados Clerks Union, the Barbados Overseers Association and the Congress Trade Union ; and two employers' associations, the Shipping and Mercantile Associ- THE MACHINERY OP INDUSTRIAL RELATIONS 143 ation and the Sugar Producers' Association. This development bears witness to the inception of a new period in the history of industrial relations in Barbados, a period in which collective bargaining is becoming the norm of accepted procedure. The arbitration machinery established by law in Barbados has also been utilised. In 1942, the then Labour Adviser to the Comptroller for Development and Welfare in the West Indies was appointed sole arbitrator under the Trade Disputes (Arbitration and Enquiry) Act, 1939, " to determine by award what are fit and equitable wages to be paid to ships' carpenters " and issued an award which proved acceptable to the parties concerned. In 1944, this award was reviewed by means of the same machinery. In the same year, under the Defence (Trade Disputes) Begulations, 1943, an arbitration tribunal was appointed (1) to enquire into the dispute between the stevedores and the stevedore labourers with regard to wages and conditions of work and to make such decision or award in this connection as may be considered proper ; (2) to advise the Governor in connection with wages and conditions of work of lightermen, steamer-warehouse porters and produce porters and on any matter or matters arising out of the dispute referred to in paragraph (1). The tribunal awarded a war bonus increase and advised a similar increase for other categories of port workers, but rejected the request for an eight-hour day. British Guiana Trade union organisation of some effectiveness came into being in British Guiana shortly after the first world war, but did not maintain its early promise in the depression years that followed. The British Guiana Labour Union, formed in 1919 and registered in 1922, had in its early years a membership reaching the 12,000 mark. Serious labour disturbances occurred in 1935, 1938 and 1948. The British Guiana Department of Labour began its existence as a separate entity in 1942, having previously been a joint Department with the Department of Local Government. Its present senior staff includes a Commissioner of Labour, a Deputy Commissioner, three Labour Inspectors 144 LABOUR POLICIES IN THE WEST INDIES and three Assistant Inspectors. The public Employment Exchange Service is also administered by the Department. The powers accorded the Department by law are summarised in Chapter VIII. At the end of 1946, there were 38 organisations registered under the Trades Union Ordinance ; four were employers' organisations, 28 workers' organisations and six trade protection associations. Of the 28 workers' organisations, 15 were affiliated to the British Guiana Trade Union Council. The following table provides details of dues-paying membership between 1941 and 1946. Unions Affiliated to the Guiana Trades Council Not affiliated to the Guiana Trades Council 1941 1942 1943 1944 1945 1946 3,611 4,593 6,770 7,177 1,745 1,405 94 703 2,799 1,288 5,656 5,132 3,705 5,296 9,569 8,465 7,401 6,537 British Union British Union Total membership. . . Source : Report of the Department of Labour for the Year 1946 (Georgetown, 1947), p. 7. Existing weaknesses in the trade union movement in this territory reflect its present early stage of development. The fundamental factor in the situation is the small number of dues-paying union members. The need for building up strong institutions for their own protection is a conception whose financial implications are not widely accepted. Union organisation tends rather to be primarily based on personal loyalties to individuals whom workers regard as being in a position to assist them. Because of lack of funds, administration of trade unions in British Guiana is, for the most part, undertaken on a voluntary basis ; officers discharge their duties in their spare time. Only two workers' organisations —the Man Power Citizens' Association and the British Guiana Labour Union—have full-time ofiicers and staff and ofiices of their own. Some of the difficulties to which this situation gives rise are readily comprehensible. With part-time officers, recruiting activity is limited, dues collecting becomes irregular and ill-controlled, constant contact with employers and between THE MACHINERY OF INDUSTRIAL RELATIONS 145 union officials and the rank and file of union members becomes impossible. As there is much jurisdictional strife, employers can legitimately claim that they do not know with what union they should enter into negotiations and workers are discouraged from joining unions because of the ineffectiveness of trade union action. During 1946, the number of registered organisations of workers was 26 ; the membership of the 21 unions for which figures were available totalled 14,531. Of these, 12, with a membership of 7,679, were affiliated to the British Guiana Trade Union Council. The strength of the Trade Union Council has been diminished by the general situation depicted above. The Council, which had previously had the support of only three unions, was reconstituted in 1943 and attained almost immediately a representative basis of 14 unions. Its efforts to promote workers' education on trade union principles and practice, the settlement of jurisdictional disputes and the amalgamation of the existing small unions on an industry basis indicate that its leadership is aware of the weaknesses that exist. The development of representative employers' organisations has also been slow* The 1942 report of the Department of Labour stated— There is an almost complete absence of organisation among employers. . . . The principles of collective bargaining presuppose some degree of cohesion on the part of the bargainers, but, with one notable exception such cohesion (on the part of the employers) is entirely lacking. Even in the case of that exception it was not always evident that members of the organisation and their executives are regarded as bound or capable of being bound by the decisions of the Association.1 Because of the lack of organisation among employers and workers in large sectors of employment as well as the paucity of regular union members, the general atmosphere of industrial relations is particularly unsettled. While it is the policy of the Department of Labour to use its good offices as frequently and as early as appropriate to facilitate the settlement of disputes, " the policy of allowing the parties to endeavour to settle their own differences has . . . been maintained ".2 In practice, situations arise in which the 1 Report of the Department of Labour for the Year 1942 (Georgetown, 1943), p. 7. The reference is to the British Guiana Sugar Producers' Association. 2 Report of the Department of Labour for the Year 1944 (Georgetown, 1945), p. 9. 146 LABOXIB POLICIES IN THE WEST INDIES Department has to assume a considerable share of responsibility. In many cases, disputes arise from relatively trivial issues which could be settled within the particular undertaking concerned, if some procedure for joint negotiation within the undertaking existed, as part of a procedural agreement between the management and the union whose members were engaged in the undertaking. In the circumstances, it very often occurs that there is no union membership in an undertaking where a dispute occurs ; the workers concerned may then invite a union to which none of them are members to represent them and/or the Department of Labour is invited to intervene. It is most unusual to find a situation in which the majority of the workers concerned are regular members of a union which they can call upon to represent them. Port workers and workers on some sugar estates are virtually the only exceptions. The Labour Ordinance of 1942, in addition to defining the powers of the Commissioner of Labour in case of trade disputes existing or apprehended, makes provision for advisory committees in like circumstances to make enquiries and recommendations. The Governor may refer to such a Committee any matters relevant to the dispute. One advisory committee was set up in 1942 as a result of the strike of waterfront workers and made recommendations for minimum wage rates which were accepted and applied by Government. In 1943, an advisory committee for the sugar industry was appointed with the following terms of reference : (a) the extent to which work, especially piece work, is normally available to workers on sugar estates and in sugar factories ; (b) the extent to which workers, especially piece workers, normally engage in work on sugar estates and in sugar factories ; (e) if available work is not fully taken up the reason why this is so. The Committee reported on its findings in 1946. The advisory committee system is essentially designed to be a fact-finding board system. Despite the difficulties which have been noted, there has been a progressive improvement in the direction of direct employer-worker negotiations. A few developments may be cited. In December 1943, a joint conference, under the auspices of the Labour Department, was held between the Sugar Producers' Association and the Man Power Citizens' Association to consider several items of general interest in THE MACHINERY OF INDUSTRIAL RELATIONS 147 the sugar industry. The more important items concerned hospitalisation ; conditions of employment of women ; allocation of padi and provision plots ; and an eight-hour day for field workers. In 1944, three further such conferences were held to discuss conditions of employment on the sugar estates. In February 1944, the employers concerned and the British Guiana Labour Union reached agreement in regard to improved conditions for stevedores loading ships out of Georgetown. In January 1945 agreements were reached between the British Guiana Sugar Producers' Association on the one hand and the Man Power Citizens' Association and the British Guiana Workers' League on the other (a) regarding the avoidance and settlement of disputes and (b) regarding workers' representatives, trade union district secretaries and estate joint committees. Election of workers' representatives on estate joint committees is conducted under arrangements worked out and informally supervised by the Labour Department ; schools adjoining the estates are used as polling stations and the school teachers act as returning officers. In February 1946, a new agreement was reached between the Sugar Producers' Association and the Man Power Citizens' Association in regard to wages and cost-of-living bonuses. The present position is illustrated by the following summary of the account given by the Department of Labour of collective bargaining during 1948 and is illustrative of the progress made. Joint conferences were held between the employers' association and the two recognised unions, under the auspices of the Department of Labour, with the following results : 1. Two increases in basic rates for cutting and loading cane, one from the pay week ending 1 May and the other from the pay week ending 18 September. 2. The cost-of-living bonus to all workers earning up to $40 a month was increased from 30 per cent, to 33x/3 per cent, as from the pay week ending 1 May. 3. As from 1 May new overtime rates were established for factory workers on the basis of time-and-a-half rates for hours worked in excess of eight a day and double time on Sundays and certain scheduled public holidays. 4. Procedural arrangements were established in regard to meetings of and representation on estate joint committees. Following representations made by the M.P.C.A., agreement was reached between the Board of Control of the Mahai- 148 LABOUR POLICIES IN THE WEST INDIES cony/Abary Eice Development Scheme and the Union providing for— 1. 2. 3. 4. An increase of 2 cents an hour to all daily paid workers. An increase of $1.50 a week to all weekly paid workers. An increase of $5 a month to all monthly paid workers. A harvesting bonus of $2 a week to workers working at least 48 hours a week who were not entitled to overtime pay under the Factories Ordinance of 1947. 5. Payment of overtime to workers so entitled. The Board also undertook that wages should be at least as high as those paid for similar work in other Government Departments and to improve housing conditions and water supply. Two agreements, which were signed on 7 September, between the Board and the Union, provided for the avoidance and settlement of disputes and for the setting up of a works joint committee to give effect to the arrangements for the settlement of disputes. During August 1948 agreements were drawn up between employers in the timber industry and the Sawmill Workers' Union covering (a) minimum wages, (b) conditions of employment, and (c) machinery for the avoidance and settlement of disputes. In the bauxite industry an agreement was signed on 20 December between the company and the recognised union making provision for a cost-of-living bonus on a sliding scale. The agreement also established a new schedule of wage rates and dealt with the following questions : observance of certain conditions by the union in its relations with the company ; employment, promotion, retrenchment and length of service ; holidays with pay ; general working conditions, overtime, and the procedure fcr the settlement of complaints ; establishment of a joint production consultative and advisory committee, the objects of which would be to establish machinery for the regular exchange of views between management and employees on matters relating to the improvement of production and efficiency. In the gold industry, an agreement of 11 November between the British Guiana Consolidated Goldfields Limited and the Guianese Workers' Federation made the following provision : 1. Incorporation in the basic wage of the war bonus paid to all daily paid employees and the payment of wages on an hourly instead of a daily basis. THE MACHINERY OF INDUSTRIAL RELATIONS 149 2. An increase of $1.50 in all weekly rates. 3. Adjustment, on a basis of merit, of all monthly rates. 4. Eemoval of the company's subsidy on foodstuffs previously sold below landed cost. 5. The qualifications to be fulfilled by union representatives appointed to meet the company. As from 1 May the company, on representations from the union, had introduced an eight-hour working day. Negotiations between the Transport and Harbours Department and the Transport Workers' Union resulted in agreement on new scales of salaries for monthly paid employees. On the waterfront there was a general increase of wage rates after representations of the recognised union. In the shipping industry, a conference on 3 April between representatives of the British Guiana and West India Federated Seamen's Union and the Pure Cane Molasses Company Limited resulted in agreement on the following bases : 1. An eight-hour day. 2. Overtime at time-and-a-half rates with double time on recognised public holidays. 3. Increase in supplies of bedding. 4. Issue of rubber boots, coats, hats and gloves. In the printing industry, the principal establishments in Georgetown agreed on a schedule of classification of workers and on overtime rates and holidays with pay. Workers were to be entitled to two weeks' holiday with pay after one year of continuous service, but had the option of taking one week's pay in lieu of a week's leave. In the building trade, an agreement between the principal building contractors and the British Guiana Congress of General Workers provided for : minimum rates of 29 cents an hour for tradesmen and 16.8 cents an hour for general workers ; overtime at time-and-a-half rates, with double time on Sundays and scheduled public holidays ; four hours pay where rain prevents work if the worker attends and is prepared and available to work. British Honduras Because of the economic and other local conditions of British Honduras, its industrial relations machinery is relatively simple. The most important sphere of employment is in 150 LABOUR POLICIES IN THE WEST INDIES the mahogany and chicle industries and employment in these industries has always in recent years been on the basis of legally controlled recruitment, by which wages and conditions of work were decided upon over the period of contract before work was actually undertaken. Belevant recent legislation x has been essentially directed towards providing safeguards for the observance of the conditions contained in contracts and ensuring that these conditions do not fall below certain minima. In addition, minimum wage stipulations are in force for the leading forest industry. Under the present legal provisions, the interests of workers are in large measure defined and the rights and obligations of both employers and workers clarified. The senior labour supervision staff consists of a Labour Officer and a Labour Inspector. A labour advisory board was established in November 1944, consisting of the Attorney General as Chairman, two other Government officers, two employers' representatives and two workers' representatives. Since 1943, five workers' organisations have been established. While the financial membership of these unions is small, they have exercised influence both through the labour advisory board and by negotiation. Before the formation of these unions the scope of industrial relations work of the Department of Labour was all-embracing. " In the absence of labour organisations the Labour Department must necessarily undertake the settlement of individual disputes which would normally be adjusted by unions 2 ," and the reports from 1939 to 1943 note the frequency of such complaints. From 1940 to 1944, however, there were only five minor, and no major, industrial disputes. In 1947, 3,214 man-days of employment were lost as a result of industrial disputes. In 1948, the nominal membership of the unions was over 4,000. Up to that date, no employers' organisations had been established. Jamaica The machinery of industrial relations in Jamaica is more highly developed than in other British West Indian areas. Workers' and employers' associations are more highly orga1 Employers and Workers Ordinance and Regulations, 1943, cf. Chapter VIII. Report on the Labour Department of British Honduras for the Year 1940 (Belize, 1941), p. 5. 2 THE MACHINERY OF INDUSTRIAL RELATIONS 151 nised, the Labour Department is a more complex organism, and the whole range of industrial relations is on a different level. Trade unionism represents a powerful influence in the community. Before 1938, the organisation of trade unions had been on a small scale. x In June 1938, 12 unions existed, mainly very small organisations on a craft basis. Very serious labour disturbances occurred in May and June of 1938, and form the background of the comparative success in occupational organisation which has followed since that date. The prominent figures in the present Jamaica labour movement, in both its political and trade union aspects, began at that time to assume their role as leaders. The Labour Department in Jamaica had, up to the end of March 1945, a much larger and specialised staff than any other Labour Department in the British Caribbean. The Department, however, suffered a 50 per cent, reduction of its entire staff in the 1945-1946 financial year, as a result of which the number of its senior officials, as distinct from its clerical staff, was reduced, and two area and four branch offices closed. At the end of 1946, there were in Jamaica 14 employers' organisations and 24 active trade unions with a paying membership of approximately 34,270, or approximately 12 per cent, of the island's wage earners. Easily the most important of the unions is the Bustamante Industrial Trade Union. 2 There is a Jamaica Trades Union Council to which are affiliated 22 organisations with a membership in 1946, of approximately 3,600 members, in which the B.I.T.U. does not participate. Under the existing minimum wage legislation, the first minimum wage advisory board was appointed in 1941 for the sugar industry and similar boards have since been set up for other industries. Eesort has been had on several occasions to the arbitration tribunals provided for by Law ÍTo. 16 of 1939. The senior staff of the Labour Department consisted in 1946 of a Labour Adviser, two Assistant Labour Advisers and eight Labour Officers. A statistical service was formerly 1 For a useful short account of the issues touched on in this paragraph, cf. W. Arthur LEWIS : Labour in the West Indies, the Birth of a Workers' Movement (Fabian Society, Research Series, No. 44, London, 1939), pp. 26 et seq. 2 The B.I.T.U. had a dues-paying membership of 30,658 and a non-paying membership of 17,013 on 31 March 1946. 152 LABOUR POLICIES IN THE WEST INDIES included in the Department but was transferred to the Central Bureau of Statistics. The Kingston Employment Bureau is responsible for placement and registration duties in the Corporate Area and has a certain degree of administrative authority. The activities of the Department in connection with such developments as the migration of Jamaicans for employment in the Canal Zone, the United States and elsewhere, as well as employment on the United States bases, assisted in its development. The existence of ten recognised employers' organisations creates in Jamaica greater opportunities for collective bargaining than the circumstances of other British West Indian areas permit. But while, on the one hand, the Sugar Manufacturers' Association and others are truly representative organisations there is a complete absence of organisation in certain other industries. In 1940— . . . the Labour Adviser circularised many of the employers in the distributive trades in the Corporate Area, suggesting the formation of an Employers' Association. It was pointed out to these employers that it was unfortunate that there was no Employers' Organisation, with the necessary authority to decide wage policy, or negotiate wage agreements. The Labour Adviser expressed the ¿ope that some interest among the employers concerned would be aroused, which should lead to at least a nucleus of employers who were prepared to co-operate in forming such an Association. The response to the memorandum was not xencouraging, as many employers were adverse to the suggestion. Compromise machinery provided in this instance was " not entirely satisfactory ". The position since 1940 has already improved. The achievements and improved status of trade unionism in Jamaica since 1938 are unquestionable, in spite of the split in the trade union movement. Dues-paying trade union members represent over 10 per cent, of the island's workers and constitute only a fraction of those who support union activities. Collective bargaining has so developed that, should effect be given to the policy advocated by the Committee on Industrial Relations, it will probably be rather to provide a structure through which the unions wish to operate than to compensate for any of their alleged weaknesses. Some of the earliest agreements may be cited. Up to December 1 Annual 1941), p . 4. Report of the Labour Department for the Year 1940 (Kingston, THE MACHINERY OF INDUSTRIAL RELATIONS 153 1942, three collective agreements of wide application had been arrived at between the Sugar Manufacturers' Association and the Bustamante Industrial Trade Union in respect of basic wage rates, war allowances or cost-of-living allowances, working hours and labour relations. These were : (1) an agreement of 19 March 1941, linking the cost-of-living index with wages ; (2) an agreement of 22 December 1941, implementing the first agreement in consequence of the revision of the cost-ofliving index figure as at the end of November 1941 ; (3) Labour Eelations—a procedure agreement of 8 January 1942. On 27 February 1943, an agreement signed between the St. Thomas Farmers' Association, Limited, and the Bustamante Industrial Trade Union, to last up to 31 December 1943, covered rates of pay and other matters affecting agricultural workers on banana, coconut and sugar cane properties in the parish of St. Thomas. In 1945, as noted above, the Bustamante Industrial Trade Union reached agreement with the Sugar Manufacturers' Association and the All-Island Cane Farmers' Association, and this agreement has annually been renewed subsequently. A labour advisory board consisting of four Government officials, four employers' representatives and four workers' representatives was appointed in 1942, in succession to the Trade Union Consultative Committee " to enable Government to ascertain the opinion of employers and workers on controversial matters, and for the discussion of proposed legislation affecting labour, and generally to act in an advisory and consultative capacity "-1 This board had only a short span of life. Because of the strength of trade unionism in Jamaica, direct negotiation between employers and workers has been a more pronounced trend than in other parts of the British West Indies. The collective agreements cited above constitute but a small sample of the results of such negotiation. Eesort to arbitration machinery has, nevertheless, been found necessary from time to time. Arbitration boards set up under the provisions of the Trade Disputes (Arbitration and Enquiry) Law of 1939 numbered one in 1941, five in 1942, two in 1943, three in 1945, and three in 1946. Four Defence Tribunals under the Defence Projects and Essential Services (Trade Disputes) Orders were 1 Annual 1943), p . 3. Report of the Labour Department for the Year 1942 (Kingston, 154 LABOUR POLICIES IN THE WEST INDIES appointed during 1943 to deal with four disputes certified by the Labour Adviser as falling under their provisions. In 1944, the Industrial (Defence) Tribunal operating under the terms of these orders held ten sittings during the year to issue and clarify Awards made in settlement of disputes occurring in essential services as defined by law. It is to be noted that awards of this Tribunal were subject to judicial review ; in one instance, its ruling that a company should re-employ workers who had come out on strike because of dismissals was reversed by the Supreme Court. The extent of industrial unrest in Jamaica, particularly in 1945 and 1946, has given rise to considerable questioning of the efficacy of the existing machinery of industrial relations. In the first half of 1946, particularly, unrest became more pronounced than at any other period since the 1938 riots. One proposal which appears to have received some support is the establishment of an Industrial Court or Courts. During 1946, 238,540 man-days were lost to industry during strike action. The reports of the Jamaica Department of Labour indicate in considerable detail the pattern of industrial conflict since the Department was set up. The following table, based on these reports, illustrates several features of interest. 1 INDUSTRIAL DISPUTES IN JAMAICA 1943 Number of disputes Number of disputes settled by— independent negotiation official conciliation arbitration industrial (defence) tribunals or boards of enquiry other terminations Number of disputes involving stoppages of work Number of man-days lost Number of stoppages caused by disputes as to wages, hours, conditions of employment Sympathy strikes Union organisation (recognition, closed shop) Other causes 1 1944 1946 87 80 109 3 46 2 6 61 — 33 54 2 4 32 7 6 12 8 29 43 76 77,253 65,238 238,540 19 5 1 4 32 2 — 9 34 16 8 18 Annual Report of the Labour Department, for the years 1943, 1944 and 1946 (Kingston, 1944, 1946 and 1947). THE MACHINERY OP INDUSTRIAL RELATIONS 155 Leeward Islands The present labour supervision service of the Leeward Islands includes two responsible officials: a Federal Labour Officer, stationed in Antigua, and an Assistant Federal Officer, stationed in St. Kitts. In the inter-war period a number of working class societies existed at different times in St. Kitts, which was the scene of the earliest of the series of notable labour disturbances in the period 1935-1938.x There are three registered trade unions—two in St. Kitts, one in Antigua. Both employers' organisations, the St. Christopher Sugar Producers' Association and the Antigua Sugar Planters' Association, are effective agencies for collective bargaining purposes though the former is a much more closely knit organisation. Details of several collective agreements of some import are available in regard to the Leeward Islands. In 1943, a procedure agreement was arrived at between the St. Christopher (St. Kitts) Sugar Producers' Association and the St. Kitts-ÏJevis Trades and Labour Union, and the indications that collective bargaining is developing here are supported by the utilisation of a Board consisting of five representatives of the planters, seven representatives of the union and two independent witnesses to enquire into a bonus payment dispute, 3-5 May 1943. On 14 April 1944, an agreement was signed between the Antigua Sugar Factory, Limited, and the Antigua Trades and Labour Union dealing with questions of the war bonus, overtime rates and the number of holidays with pay. Further agreements reached in 1945 and 1946 have been noted above. In April 1943, a board of enquiry was appointed in St.Kitts under the Trade Disputes (Arbitration and Enquiry) Act, 1939, and a similar board of enquiry in Antigua under the Minimum Wage Act in February 1944. Arbitration machinery under the Trade Disputes Act was utilised in February 1946 to settle a dispute arising from the dismissal of a worker in Antigua. Three agreements signed on 12 January 1946 by the Antigua Trades and Labour Union illustrate effectively the important role which collective bargaining has assumed 1 Cf. LEWIS, op. cit., p. 12. 156 LABOUR POLICIES IN THE WEST INDIES in t h e Leeward Islands. Two of these agreements were concluded with t h e Antigua Sugar P l a n t e r s ' Association a n d covered wage rates, conditions for farming, weekly rest, o u t p u t bonuses, a n d a 74 per cent, war bonus on basic earnings. T h e t e r m s of t h e t h i r d agreement, concluded with t h e Antigua Sugar F a c t o r y Limited, are cited below. I t was agreed as follows : (1) That from the commencement of grinding operations in the year 1946, the following conditions shall be observed : (a) The basic rates of wages shall be increased by 7 % per cent. (b) The cost-of-living war bonus shall be 52 y2 per cent, of actual earnings. (c) The bonus will be paid on all hourly, daily and weekly wages. (d) The bonus shall not be paid on overtime earnings. (e) The bonus shall be paid weekly on the day when wages are normally paid. (f) Overtime shall be paid in respect of all work performed outside the normal day or shift and shall be at the rate of time and one half of the rates paid for normal working time. (g) Overtime rates shall be payable for work performed on the following days: New Year's Day, Good Friday, Easter Monday, Whit Monday, August Monday, Christmas Day, Boxing Day, Sundays. (2) At the end of the 1946 crop, a period of six days' holiday with full pay shall be granted to all workers who have worked satisfactorily throughout the crop. An extra two days on full pay will be granted to headmen who qualify as above. (3) As from the start of the crop in 1946, all workers other than those employed on shifts shall receive one half-holiday every week. (4) One shilling per ton of all sugar produced in 1946 shall be paid by the Factory to a Welfare Fund for the benefit of the workers in the sugar industry. This fund shall be administered by a committee representative of the employers, the workers and the Government. Since 1948, industrial relations h a v e deteriorated, n o t a b l y in t h e sugar i n d u s t r y . Trinidad and Tobago S t e a d y progress h a d been m a d e in t h e development of t h e machinery of industrial relations in Trinidad. Working class activity in this colony has a long history. The Trinidad Working Men's Association was formed in the early 'nineties of the last century. . . (and revived in 1919). . . . The Association grew steadily throughout the 'twenties and was able in the early 'thirties to claim a membership of 120,000, out of a total population of 450,000. I t never functioned as a union 1 , but devoted its attention to legislative reforms. 2 1 The Association, however, organised two sections which, registered under the Companies Ordinance in 1907, operated as labour unions, a stevedores' section and a railwaymen's section. 2 L E W I S , op. cit., p . 8. • THE MACHINEBY OP INDTJSTBIAL BELATIONS 157 Trinidad was the scene of serious labour disturbances in 1937 and the development of a modern pattern of industrial relations dates from the period immediately following. The senior staff of the Trinidad Labour Department comprised in 1946 an Industrial Adviser, a Deputy Industrial Adviser, a Senior Labour Officer, a Labour Bureau Manager and a Labour Officer in training. A Senior Inspector of Factories is at present attached to another Government Department. Conciliation work, on which most emphasis was laid by this Department in its early years, has on the whole had conspicuous success ; the number of disputes involving stoppages of work consistently fell up to 1945, though subsequently the situation has been less calm. Attention has latterly also been given to the development of more elaborate administrative machinery, particularly for labour inspection purposes. There were, at the end of 1946, 28 organisations registered under the Trade Union Ordinance of 1932 ; four were producers' and commercial trade protection societies, five employers' associations, and 18 workers' organisations. There is no labour advisory board. On 31 December 1948, 27 workers' unions with an estimated membership of 20,000 were registered. The policy of the Department has been thus summarised by the the first Industrial Adviser : It has been the policy of this Department to promote peace in industry and trade by the encouragement of the organisation of workers in responsible trade unions, the establishment of good and human relations in industry and the regulation of wages and working conditions by joint negotiations wherever possible. This policy has been developed not by the establishment of elaborate and costly industrial machinery, which more often possesses little more than paper value, but by a close and sympathetic contact with all concerned and unobtrusively directing movements and their leaders along rational lines into an atmosphere of understanding and a spirit of compromise. *• Up to the end of 1942, the Trinidad and Tobago Trade Union Council was more unified and representative than the corresponding organisations in Jamaica and British Guiana ; but during 1943 the active trade unions in the north of Trinidad withdrew from the Council. Subsequently, however, 1 Trinidad and Tobago, Council Paper No. 25 of 1941 : The Report of the Industrial Adviser for the Years 1938-1940, p. 13. Administration 11 158 LABOUR POLICIES IN THE WEST INDIES there has been reaffiliation of the dissident unions and the Council once again includes all the active and influential unions in Trinidad. The evidence suggests that, while trade unionism in Trinidad suffers from many of the defects obtaining in other British Caribbean territories, including instability of membership and the dissipation of time and energy on individual complaints rather than on questions of policy and principle, and while the labour shortage in the war years has made organisation less easy, the movement here has taken deep root and existing divisions in the trade union movement are not a source of serious weakness. An important event in 1938 was the setting up of an arbitration tribunal to settle a dispute in that year in the oil industry. This was the first tribunal of its kind to operate in the British West Indies. The first major collective agreement completed in the British West Indies was that between the Shipping Association of Trinidad and the Seamen and Waterfront Workers' Trade Union which was reached in December 1938 covering procedure and provisions for the fixing of wages and working conditions of stevedores, launchmen, lightermen and boatmen. This agreement was revised and strengthened in 1946, rates of pay being considerably increased. The following general comment of the Industrial Adviser of the time on these first developments is enlightening : While industrial relations in local industry and trade developed satisfactorily during the three years 1938-1940, the new way of life which is being freely adopted in industry is far from being consciously realised and lived with conviction, even by those who should be conscious of the reorientation which has taken place and who are in physical contact with it. It is most desirable that the workers of the colony should organise in strong and responsible trade unions and become trade unionists by conviction rather than mere paying members and opportunists, especially as most of the large employers in the colony are prepared to accept and encourage collective bargaining with responsible and representative trade unions. 1 In succeeding years industrial relations have continued to develop on the whole satisfactorily. The not uneven balance between labour demand and supply and the existence of the oil industry with its regular labour force provided a favourable setting for employer-worker negotiations of a 1 Ibid., p . 14. THE MACHINERY OF INDUSTRIAL RELATIONS 159 responsible character. While the pre-war labour troubles which resulted in serious disturbances is a reminder that peaceful industrial relations are of recent growth, some provisions may be cited from 1945 and 1946 agreements in the sugar and shipping industries to illustrate how far conciliation has progressed even outside the oil industry. Both of these agreements regulate wages, hours, overtime and annual holidays with pay. The sugar agreement of 4 January 1945 between the Sugar Manufacturers' Federation of Trinidad and the All Trinidad Sugar Estates and Factory Workers' Trade Union provides as follows for regular relations : With a view to the promotion of mutual understanding and co-operative relations, a Joint Consultative Committee shall be established to consider questions arising out of or affecting field and factory labour employed by members of the Federation, the Committee to consist of not more than four representatives of the Federation and a similar number of representatives of the Trade Union and their respective Secretaries, with the Industrial Adviser as Chairman. I t is in the oil industry that most progress continues to be made in the field of industrial relations even though there have been recent difficulties. The agreement of December 1945 in the oil industry 1 provides for what, in West Indian conditions, are sizeable wage increases ; its other provisions cover, inter alia, holidays with pay, the operation of a joint conciliation board, general disputes procedure and a statement of mutual responsibilities. Agreements signed in 1948 between the Sugar Manufacturers' Federation of Trinidad and the All Trinidad Sugar Estates and Factory Workers' Trade Union and between the Oilfields Employers' Association and the Oilfield Workers' Trade Union mark the most recent phase of an outstanding development in industrial relations over the past decade. Windward Islands Development of collective bargaining and of employers' and workers' organisations has been slow in this group. Employer-worker relations are still largely on an individual basis, with Labour Departments and Labour Advisory Boards being fully utilised, as recommended by the West India Boyal 1 Replacing the agreement of 2 February 1940, which was in effect for the duration of the war emergency. 160 LABOUR POLICIES IN THE WEST INDIES Commission for territories in which representative organisations were in their early stages of development. The senior labour supervision staff consists of a Windward Islands Labour Adviser stationed in Grenada, Labour Commissioners in St. Lucia and St. Vincent and Labour Officers in Dominica and Grenada. There are two registered trade unions in Grenada, two in St. Lucia, one in Dominica and one in St. Vincent. No employers' organisations are registered, but steps are being taken by the Planters' Association to establish a registered employers' association. Very few trade disputes have occurred in these islands during the past six years ; workers' grievances have largely been treated on an individual basis, and Labour Department officials have had to include intervention in a large number of such cases as part of their routine duties. Labour advisory boards exist in all four territories. The St. Vincent board as at present constituted consists of four representatives of workers and four representatives of employers with the Crown Attorney as Chairman and the Labour Commissioner as Liaison Officer. Eeports of the Department of Labour reveal a range of activity covering questions of social policy such as share-tenancy as well as questions of labour policy. The corresponding Board in St. Lucia consists of three representatives of employers and three representatives of workers with the Crown Attorney as Chairman and the Labour Commissioner as Secretary. As the above account has shown, the lines of policy recommended by the Eoyal Commission have been given wide application and considerable testing in the British Caribbean territories. The emphasis of this policy has been on the development of voluntary negotiating machinery ; the intervention of Labour Departments and boards in industrial relations is relegated by that policy to a major role only in the absence of adequate representative employers' and workers' organisations. This policy was designed also to assist the development of such organisations ; the use of minimum wage fixing machinery has been limited with the explicit purpose of avoiding action which might impede such development. In many of the British areas, however, little progress has been made in the development of a strong, well-rooted trade THE MACHINERY OF INDUSTRIAL RELATIONS 161 union movement. The premise that the administrative regulation of wages, hours and conditions of work on a wide scale is incompatible with the development of collective bargaining may require re-examination. U N I T E D STATES TERRITORIES Puerto Rico The machinery of industrial relations in Puerto Eico is highly developed in all aspects, but also very complex. Working class organisation has had a long and troubled history in the island. At present, the trade unions are playing an increasingly important role; while their regular dues-paying membership is problematical and while there are serious clefts in the movement, the number of workers organised in trade unions is greater than at any time in the history of Puerto Eico. They are centres of political as well as economic agitation and reform. With the protection of the new labour laws and the co-operation of the administration they have grown rapidly in recent years and were estimated to have a membership of 350,000 in 1947. Collective agreements covering a wide sector of industry have for over a decade been part of the industrial relations pattern. Government collaboration in the field of industrial relations and in the provision of administrative services is more extensive in scope, involves larger staffs and is more mandatory than in the British territories ; the machinery of the Insular Department of Labor includes an Insular Board of Labor Eelations, designed, mutatis mutandis, to perform for Puerto Eico the functions which the National Labor Eelations Board performs for the United States and a Mediation and Conciliation Service. There are also federal agencies in the industrial relations field whose competence extends to workers covered by such federal legislation as the National Labor Eelations Act. The Minimum Wage Board is the most significant illustration of Government action in setting up machinery on the one hand to supplement collective bargaining and on the other to associate representatives of employers and workers with Government in the solution of problems with which industrial relations must deal. 162 LABOUR POLICIES IN THE WEST INDIES Employers'1 and Workers' Organisations : Collective Bargaining. By far the most important employers' organisation is the Association of Sugar Producers of Puerto Eico, which has taken a prominent part in collective bargaining in the island. Most unions are members of one of three large labour union organisations, the Puerto Eico Free Federation of Workingmen (Federación Libre de los Trabajadores de Puerto Rico), affiliated to the American Federation of Labor, the General Confederation of Workers of Puerto Eico (Confederación General de Trabajadores de Puerto Rico) or the General Union of Workers (Unión General de Trabajadores), founded in 1947. The latter is a recent growth, but from all indications has made great progress in the few years of its existence. Since 1945, the O.G.T. has been split into two parts ; the accepted explanation for this is political conflict among the leaders of the C.G.T. Jurisdictional conflict among the organisations is keen. In the absence of any system of compulsory registration of unions and their membership, no exact statements on either the nominal or dues-paying membership of either organisation is available, and the claims made by the organisations themselves have to be treated with caution. The O.G.T. in a. 1943 memorandum claimed that it consisted of 180 industrial duly affiliated unions with a membership of 250,000 organised workers. On the other hand, officials of the Labor Department estimate that there may be a total of 300,000 organised workers even if only a small percentage pay dues regularly. There are also a number of strong independent unions notably among longshoremen. x These organisations can claim that they have brought great benefits to the workers. An official of the Puerto Eico Free Federation of Workingmen has thus summarised his organisation's view of the change that has taken place : The worker without recognition, without representation, who several years ago was compelled to work 10 and 12 hours daily for 40 and 50 cents has turned into a full citizen enjoying representation and dignity in industry and in society, and the old wage of 40 and 50 cents for 10 and 12 hours of work has been substituted with one of $1.51 for 7 and 8 hours. 1 For a recent and more detailed account of the structure of the trade union movement in Puerto Rico, cf. Simon EOTTENBUHG : " Labor Cost in the Puerto Rican Economy " in Revista juridica\de Puerto Rico, Vol. XX, No. 2, Nov.-Dec. 1950, pp. 109 et seq. THE MACHINERY OF INDUSTRIAL RELATIONS 163 With whatever qualifications such statement be hedged, the records of the Department of Labor bear witness to substantial gains on the part of the workers. The first large-scale collective agreement in Puerto Eico was that made in 1934 between the Sugar Producers' Association and the Free Federation of Workingmen ; this agreement affected some 100,000 workers, and the Department of Labor was largely instrumental in its negotiation. Since that year, the agreement was annually renewed to cover the crop period and its terms have progressively provided more favourable wages and working conditions for the labourers concerned ; for example, the agreement made for the year 1937-1938 provided an increase in wages for field workers of 10 per cent, over the previous season and a corresponding increase of 5 per cent, for factory workers, and in 1941 the agreement stipulated that workers might grow minor crops on those lands available at the sugar centrals. Nevertheless, great difficulties have arisen with the emergence of the rival General Confederation of Workers. In the sugar manufacturing industries in 1943 and 1944 the Free Federation had a collective agreement with the Association of Sugar Producers, whose members owned 34 mills and five refineries. The General Confederation had an agreement with each of ten companies owning a total of 14 mills and one refinery. A separate union, the United Workers of Loiza, had agreements with two companies owning a total of three mills. Eight of the companies having agreements with the General Confederation and one of the two companies with an agreement with the United Workers were members of the Association of Sugar Producers and therefore the 13 mills and two refineries owned by these companies were subject to two agreements. Throughout 1944 the Free Federation and the General Confederation struggled to obtain the position of sole bargaining agent on the labour side throughout the sugar industry. The Insular Labor Eelations Board tried to meet the situation by elections which took place in January 1945 and resulted in the selection of the General Confederation as the bargaining agency. The General Confederation opened negotiations with the Sugar Producers' Association. The Free Federation threatened that if a collective agreement was so reached it would call a strike in the mills, in which it still had a majority of members, and sympathetic strikes by the Electrical Workers' 164 LABOUR POLICIES IN THE WEST INDIES and Longshoremen's Unions. When negotiations between the Free Federation and the Producers' Association broke down in February, both the Federation and the Confederation called out their members on a strike which lasted into March. Other industries were similarly affected. For example, in 1944 in the rum industry the Free Federation, the General Confederation and a separate union, the Liquor Industry Independent Union îfo. 1, had collective agreements with five, two and one of the companies respectively. Agreements between the shipping companies and the Insular Council of the Longshoremen's Unions of Puerto Eico and affecting some 12,000 workers date from the year after the first agreement in. the sugar industry. Here again wage increments and improved working conditions have been a result ; at the same time, in the year 1937-1938, there was a general and prolonged strike of longshoremen, which had to be met by arbitration after conciliation had failed ; the arbitration award gave longshoremen a wage increase of 40 per cent. and allied workers an increase of 25 per cent. Other agreements which have been renewed more than once include that between the tobacco dealers and women tobacco strippers involving between 8,000 and 12,000 women workers and that between the White Star Bus Line and the Chauffeur and Mechanics Union ISTo. 1 of San Juan. In the year 1940-1941, agreements were entered into for the first time between employers' and employees' unions in five additional industries. In 1941-1942, reports to the Department of Labor indicated that employers negotiated 17 agreements with affiliates of the Free Federation and 24 with affiliates of the General Confederation. From 8 March to 30 June 1943, 37 agreements were concluded through the Conciliation Service of the Department of Labor. Government Collaboration. Legislation regarding trade unions, trade disputes and labour relations has been an outstanding feature of Government activity. The relevant legislation is summarised in Chapter VIII. Here it need only be said that its standards and guiding principles approximate to those obtaining on the United States mainland. The responsibilities of the Government for direct intervention in the machinery of industrial relations are thus greater than in the British territories where the role of THE MACHINERY OF INDUSTRIAL RELATIONS 165 the Government has been partly determined by British traditions of conciliation. The Insular Department of Labor plays a prominent part in labour relations work. Its detailed work in labour supervision and the collection of statistics provides data and experience for the assistance of the parties negotiating collective agreements. Furthermore, the pattern of industrial relations is affected by the existence of a Department which has administrative responsibilities in regard to questions which are often elsewhere left for settlement by collective bargaining without governmental intervention. The functions assigned by law to the Commissioner and his Department are described in Chapter VIII ; here reference may be limited to the staff and facilities available for the tasks allocated and the range of action these make possible. For 1941-1942, the staff of the Industrial Supervision Service alone consisted of a chief, an assistant chief, and 125 other employees. 1 In 1942 there were 15 labour agencies and 26 district supervisors for the island as a whole. While the Department considers that it requires additional staff to discharge its responsibilities effectively, it is clear that, even after due allowance is made for the larger population covered, labour administrative machinery in Puerto Bico is outstanding among Caribbean dependencies, a view based not on mere staff size, but on the detailed work of the Department which the Commissioner's annual reports reveal. The Department is organised under a Commissioner and Assistant Commissioner among the following principal services : the Women's Bureau, the Mediation and Conciliation Service, the Industrial Supervision Service, the Employment Service, the Bureau of Labor Statistics, the Child Bureau, the Bureau of Publications and Workers' Education, the Board of Industrial Safety and the Legal Division. The whole staff is Puerto Eican. Provision was made in 1938 for the creation of an Insular Labor Eelations Board of three members to be appointed by the Governor, but as explained in Chapter VIII, this Board never operated. When, however, in 1944 the jurisdictional conflicts in the sugar industry sharpened, the fact that the National Board did not operate in agriculture brought an 1 Annual Report of the Commissioner of Labor Submitted to the Governor of Puerto Rico for the Fiscal Year ended 30 June 1942 (San Juan, P.R., 1942), p. 13. 166 LABOUR POLICIES IN THE WEST INDIES Insular Board into existence under new legislation to determine the proper bargaining agencies and thus to fix the structure within which collective bargaining might operate. The most important insular agency directly operating by conciliation has been the Mediation and Conciliation Service, formerly the Insular Mediation and Conciliation Commission. The duties of the Conciliation Commissioner are " to intervene and mediate in disputes, conflicts and controversies for the purpose of keeping industrial peace ". The following table summarised the number of interventions from 1936 to 1942. INTERVENTIONS OF MEDIATION AND CONCILIATION COMMISSION 1936-1942 Year 1936-1937 1937-1938 1939-1940 1940-1941 1941-1942 Number of strikes Number of workers and controversies involved 40 43 39 41 71 about 13,000 14,755 15,152 11,185 26,740 From March 8 to June 30, 1943, the Insular Conciliator intervened in 55 labor situations in which 13,584 workers were directly involved ; 47, out of these 55 situations, were disputes in which 13,483 workers were involved. In 25 out of the 47 disputes the workers went on strike. All these strikes, with but one exception, were settled to the satisfaction of both employers and employees. Only two disputes resiilted in strikes after the conciliation commissioner had mediated. Out of the 47 disputes, 22 took place in the sugar industry ; seven in the hotels and restaurants business ; two in moving picture theatres ; three in the transportation industry ; three in the liquor industry and 10 in all other industries. 1 During 1943-1944, the Service intervened in 181 disputes directly affecting some 143,500 workers and in 1944-1945 in 180 disputes involving over 300,000 workers. In 1948-1949, the corresponding figures were 603 and 255,235. The United States Department of Labor has the following four agencies operating in Puerto Eico : the Bureau of Labor 1 Annual Report of the Commissioner of Labor Submitted to the Governor of Puerto Rico for the Fiscal Tear ended 30 June 1943 (San Juan, P.E., 1944), p. 23. THE MACHINERY OP INDUSTRIAL RELATIONS 167 Statistics, the National Labor Relations Board, the United States Conciliation Service and the Wage and Hour Division. The Federal Commissioner of Conciliation was appointed in February 1942 for the duration of the war. Despite the existence of an insular agency, his services have been in great demand. As Chapter VIII on legislation will explain, the federal agencies in Puerto Eico have executive duties assigned to them in virtue of federal legislation. This is in contrast with the position in the British territories where authority is concentrated in the insular governments. Minimum Wage Board. This Board is under the jurisdiction of the Insular Department of Labor and comprises nine members, four representing employers' interests, four workers' interests and one the public interest. Its powers and sphere of competence are described in Chapter VIII. The Board's power to fix wages, hours and conditions of work which, after due process, become mandatory, gives it a high status in the machinery of Puerto Eican industrial relations. In the first year of its existence it issued the following six mandatory Decrees fixing manhours, minimum wages and general conditions of work : No. 1 : Leaf Tobacco Industry (25 January 1943) ; No. 2 : Sugar Industry (27 February 1943) ; No. 3 : Sugar Industry (27 February 1943) ; No. 4 : Workers and Employees in Hospitals, Clinics and Sanatoria (18 May 1943) ; No. 5 : Liquor and Soft Drink Industry (12 January 1944) ; No. 6 : Hotel, Eestaurant, Canteen and Soda Fountain Business (5 April 1944). Ten further Decrees have since been issued. 1 Special Determinations. In virtue of the United States Fair Labor Standards Act of 1938, as amended in 1940, the Federal Department of Labor has from time to time appointed special industry committees for Puerto Eico to investigate industries producing goods for inter-State commerce (excluding agriculture) and to recommend minimum wage rates. The 1938 Act did not permit geographical distinctions in wage rates and the application of United States wage rates to Puerto Eico threatened to destroy the island's industries, particularly the needlework 1 For a detailed list of Decrees issued by the Minimum Wage Board up to November 1949, see Appendix IX. 168 LABOUR POLICIES IN THE WEST INDIES industry. The 1940 amendment endeavoured to remedy the situation by providing that rates for Puerto Eico would be fixed on the recommendation of special industry committees on condition that no minimum rate would be approved if it gave a Puerto Eican industry " a competitive advantage over any industry in the United States outside of Puerto Eico ". The most recent enquiries and wage determinations have been effected through the Special Industry Committee appointed on 11 February 1944. This Committee is composed of three members representing the public interest, three members for employees and three for employers. Other special wage determinations affect the sugar growing industry. Under the Federal Sugar Act of 1937, the Secretary of Agriculture is empowered to make payments to sugar growers subject to requirements including labour standards. His powers were transferred for the war emergency to the War Food Administrator. Virgin Islands There is no specialised labour supervision machinery in this territory ; labour questions and policy come within the scope of the Department of Public Welfare. The only machinery existing for Government-employer-worker collaboration is the Industry Committee for the Virgin Islands appointed by the Administrator of the Wage and Hour and Public Contracts Division, United States Department of Labor, in 1944. This committee consists of one Government member, two employers' representatives and two workers' representatives. 1 There are three labour unions. The Federal Labor Union in St. Thomas, an A.F. of L. affiliate, has a membership of 500 and was organised during the war. The St. Croix Labor Union, more than 25 years old, has a membership of some 600 ; of these, it is estimated that 85-90 per cent, are either agricultural workers or sugar factory workers. A St. Croix branch of the A.F. of L., organised during 1946, has a membership of between 50 and 100. ÎTo collective agreements are in force. 1 Cf. also below, Chapter V. THE MACHINERT OF INDUSTRIAL RELATIONS FRENCH 169 TERRITORIES The following information is based primarily on information received from the Government of France. In Guadeloupe in 1948, the most active and important trade union group was the Departmental union grouping the unions affiliated to the French General Confederation of Labour. A few unions were affiliated to the French Confederation of Christian Workers, and two to the General Confederation of Supervisory Staff, but none were at that date affiliated to the General Confederation of Labour - Force ouvrière. The number of unionised workers in private employment was estimated at 10,000. Several employers' organisations existed. Up to 1948 the metropolitan legislation of 23 December 1946 relating to collective agreements had not been made applicable to Guadeloupe. At the end of 1948, however, collective agreements were in force covering the workers employed in the industrial and agricultural phases of sugar and rum production, workers employed in banana cultivation, workers employed in commerce and the employees of printing establishments. At the time, the importance of collective agreements had diminished because wage levels were determined by the public authorities. No detailed information regarding the frequency and scale of industrial disputes is available ; the most important dispute involving stoppage of work in 1948 was a strike of industrial and agricultural workers employed by the establishments producing sugar and rum ; this strike lasted from mid-June to 1 August. The Labour Inspection and Employment Services in Guadeloupe and the other French Caribbean territories correspond generally in function to that of the Labour Departments in the British West Indies. These services in the Overseas Departments are in principle identical in structure with the same services in metropolitan France, but in 1948 restaffing to fit in with the new constitutional status of the Caribbean Departments had not yet been completed. In addition to the functions exercised by the corresponding labour supervision staffs in metropolitan France, the Labour Inspection and Employment Services in the Caribbean Departments 170 LABOUR POLICIES IN THE WEST INDIES are required to supervise the application of all social legislation affecting agricultural workers to the extent that these are not covered by the Social Security Service. The advisory functions of these services are also wider than in metropolitan France, for reasons similar to those noted in respect of other West Indian areas. In Martinique early in 1949, the Departmental group of unions affiliated to the metropolitan General Confederation of Labour had about 8,000 adherents ; a General Confederation of Labour -Force ouvrière Federation had also recently been formed. The central grouping of employers was the Chamber of Commerce and there were separate organisations grouping employers in the sugar cane industry and employers operating distilleries. With the change of Martinique's status to that of a Department an increasing number of employers had become attached to the metropolitan organisations concerned with their field of operations. In both Martinique and Guadeloupe during the period in which wages have been fixed by the competent authority since the second world war, bipartite consultative ad hoc committees under the aegis of the administration have been utilised in an advisory capacity in connection with the regulation of wages and the establishment of occupational classifications. In Guiana, there were four employers' organisations with a membership of 69, seven workers' organisations with a membership of 382 and ten associations of Government employees with a membership of 326. NETHERLANDS TERRITORIES The Department of Social and Economic Affairs in the Netherlands Antilles and the Department of Social Affairs established in 1945 in Surinam are respectively responsible for all aspects of labour questions in these two areas. Since these Departments have other duties, administratively specialised labour supervision services, such as exist in most other parts of the West Indies, have not yet been established in the Netherlands territories. According to the information available, there are at the present time over 30 trade unions in Surinam with a total membership of 12,000 and four in the Netherlands Antilles THE MACHINERY OF INDUSTRIAL RELATIONS 171 with a total membership of 2,000. These unions are all small and have for the most part been only very recently established. During 1948, representatives of the trade union movement in the Netherlands visited Surinam to assist in the development of trade unionism by advising trade union leaders there. As is noted elsewhere, special trade union legislation does not exist in the Netherlands territories, the right of association being guaranteed by the Constitutions of the two territories. Legislation making provision for conciliation and arbitration machinery and procedures was enacted in both territories in 1946.x In Surinam, during 1947, nine disputes involving 3,049 workers were submitted to the Conciliation Board established under the 1946 legislation. 1 Cf. Chapter VIII. CHAPTER V WAGES, HOURS AND CONDITIONS OF WORK The wage structure of most West Indian territories is largely influenced by certain features of the predominantly agricultural economy. West Indian labour systems are, with few exceptions, conditioned by the availability of a large unskilled labour force principally engaged in hand operations ; capital equipment and mechanical aids to labour have only slowly made headway, ' in comparison with countries more economically advanced. The level of actual earnings is further depressed by the fact that the varying seasonal labour requirements of an agricultural economy with a low level of mechanisation results in irregularity of earnings in communities in which, as has been indicated in Chapter III, employment opportunities are not commensurate with existing populations and their rate of growth. The industries outside the prevailing agricultural economy, such as the oil industry of Trinidad and the Netherlands Antilles and the bauxite industry of the Guianas, are, because of their mechanised pattern of production and the consequential productivity of labour, in a position to pay, and do pay, higher wages than obtain generally. The development of industry, except in Puerto Rico, has been too slight to have a marked effect on the general wage level. The independent status of the West Indian working woman, as compared with that of women in societies with a more closely knit family structure, implies in practice both a potentially larger labour supply in relation to total population and a tendency for wage levels for men to be fixed without consideration for normal family needs. During the period 1939-1949, a very considerable increase in wage levels has been registered in all territories. It is extremely difficult, however, to ascertain whether wage levels have kept pace with the increase in the cost of living without carrying out territorial surveys. WAGES, HOUES AND CONDITIONS OF WORK 173 I t is generally admitted that, because of the methods used in weighting, the official cost-of-living indices of the territories do not, for the most part, give an accurate picture of the situation. In the absence of other indices except for a few territories, the official indices have nevertheless been cited in the present report. Apart from the general upward spiral of prices and wages under wartime conditions, in the West Indies as elsewhere, the progress made in the area during 1939-1949 in the direction of regulation of wages deserves to be noted. In the first place, whereas, at the outset of the period, minimum wage fixing machinery existed in few territories, it now exists in virtually all territories and has been applied to a large variety of occupations. Secondly, over important sectors of industry, wages are now regulated by collective agreements ; as has been indicated in the previous chapter, the development of collective bargaining units is primarily a feature of the period since 1939. Thirdly, the establishment of Labour Departments with statutory powers of inspection is equally a feature of the period and provides the requisite means of enforcement. Hours of work in agriculture have to be related to the fact that, in most West Indian territories, the organisation of work is on a task, not a time basis. In the British territories, at least, the size of a task usually involves rather less than a working period of eight hours and, where work is available and workers are prepared so to do, it is in some cases possible to perform two tasks a day. On the other hand, during the crop season, particularly in the sugar industry, a very long working week may be worked by many field workers. In industry and commerce, at least in the larger enterprises, working hours correspond largely to Western standards, as is indicated in the detailed information provided elsewhere in the present chapter. As will be shown, the regulation of hours of work, whether by collective agreement, by administrative order or by general legislation, has developed during the period 1939-1949 as part of the general process of the introduction and strengthening of modern labour legislation in the area and of the development of collective bargaining. 12 174 LABOUR POLICIES IN THE WEST INDIES Legal provisions regulating conditions of work have also considerably expanded during the period and collective agreements have again played their part in this field. In particular, very much wider provision now exists for the granting of annual holidays with pay. BRITISH TERRITORIES Wages As a preface to the examination of wage levels in the British West Indies, brief note must be taken of the general effect of guaranteed and bulk purchase arrangements. During and since the second world war, a very substantial proportion of the exportable produce of these territories has been purchased either by the United Kingdom or local Governments in accordance with guarantees given and these purchasing arrangements have been sufficiently flexible to permit increases in the prices paid, increases designed to offset changes in the cost of production—including labour costs. COMPARATIVE WAGE RATES OF UNSKILLED WORKERS IN POUR BRITISH WEST INDIAN TERRITORIES, Territory Category of worker British Guiana. . . Male agricultural worker Female agricultural worker British Honduras 4 . Mahogany worker Road labour St. Lucia St. Vincent 6 Rate 1939-19481 1948 B.W.I. S B.W.I. S per d a y 0.52 f 0.952 \ 1.97 a 83 280 per d a y 0.37 f 0.56 a \ 0.983 51 165 per month 14.00 per d a y 0.75 20.00 1.44 Male agricultural worker per d a y 0.72 0.30 Female agricultural worker per d a y 0.24 0.54 Domestic servant (not fed or per month 4.80-6.00 4.80-8.40 lodged) . . . . Male agricultural worker Female agricultural worker Percentage increase 1939 per d a y per d a y 0.28 0.20 0.60 0.45 43 92 140 125 0-40 114 125 1 Compiled b y t h e I.L.O. on t h e basis of d a t a contained in O R D E B R O W N E , op. cit., and in t h e reports sof t h e Labour Departments 4 of t h e territories concerned for t h e year 1948. * Time workers. Resident piece workers. U.S. dollar. ' Plus rations. WAGES, HOURS AND CONDITIONS OF WORK 175 The accompanying table provides a comparison of 1939 and 1948 wage rates of a few categories of unskilled workers in British Guiana, British Honduras, St. Lucia and St. Vincent. Its principal purpose is not to indicate changes in the general level of wages of the average worker but to provide a further comparison, in respect of some of the lowest paid categories of workers closest to the subsistence margin, with the subsequent table in the present chapter indicating the movement in the cost-of-living indices in the different territories. As has been noted above, however, statistics such as these need to be treated with reserve in view of the structure of employment and wages in the West Indies. OFFICIAL COST-OF-LIVING INDICES OF SOME INDIAN TERRITORIES BRITISH WEST 1 Most recent figure available Base date = 100 Highest rate reached Barbados Jan.-Aug. 1939 Dec. 1948 = 236 Dee. British Guiana : Georgetown . . . Plantations . . . Mar.-Dec. 1938 Mar.-Dec. 1938 Dec. 1949 Nov. 1949 216 250 Dec. 1949 = 216 Dec. 1949 = 247 Territory British Honduras 1949 = 228 . Sept. 1939 Apr. 1948 = 211 Dec. 1949 = 193 Jamaica : General Sugar workers. . Aug. 1939 June 1941 Dec. 1949 Dec. 1949 250 199 Dec. 1949 = 250 Dec. 1949 = 199 Sept. Dec. Dec. June 202 203 221 195 Sept. Dec. Dec. Sept. Leeward Islands Antigua St. K i t t s . . Montserrat . Virgin Islands : Year 1939 . . . . . . 1948 1948 1948 1948 1948 1948 1948 1948 = = = = 202 203 221 193 Trinidad Year 1935 Dec. 1949 = 228 Dec. 1949 = 228 Windward Islands : Dominica . . . . Grenada . . . . St. Lucia . . . . St. Vincent . . . Sept. 1939 Aug. 1939 Aug. 1939 Year 1939 Sept. Dec. Dec. Aug. Sept. Dec. Dec. Dec. 1949 = 1949 = 1949 = 1948 = 237 220 252 227 1949 1949 1949 1949 237 220 252 225 1 Compiled by the I.L.O. from indices published in the Official Gazettes of the territories concerned. For the purpose of a fuller description of the factors which have played a part in the upward trend of wages during the period under consideration, a detailed account is provided in respect of Barbados, Jamaica and Trinidad. 176 LABOXTE POLICIES IN THE WEST INDIES Barbados. The West India Boyal Commission reported in 1939 as follows on the wages paid to agricultural workers in this dependency : Daily rates vary between Is. and Is. 6d. for men ; a normal rate for women is Is. a day. Earnings from task work may be substantially higher than the daily rates when sugar cane is "in crop ", but the difference over the whole year does not appear to be large.1 In the same year, rates for stevedores on general cargo were in the case of foremen 9s. 7d. and in that of labourer 8s. 4d. per day (7 a.m. to 12 noon and 1 to 5 p.m.), the rate on Sundays and bank holidays being 12s. 6d. for both grades. Overtime was paid for at Is. per hour on weekdays and Is. 3d. on Sundays and bank holidays. 2 In foundries, rates per hour in 1939 were as follows 2 : Moulder Fitter Apprentice (according to number of years served). Turner Apprentice (according to number of years served). Blacksmith Carpenter Planer Apprentice Striker Pettier Cents to 18 to 16 to 6 to 16 to 6 to 18 11 9 to 12 4 3to 5 4 6 6 1 6 1 6 At the same date, foremen in the Pubhc Works Department earned 3s. 6d. to 4s. 2d. a day ; journeymen, 3s. per day ; apprentices, 6d. to 2s. 6d. per day. Male labourers, Is. 2d. to Is. 9d. per day, and women Is. per day. In large bakeries foremen earned $8.24 per week and others $1.92 to $4.08 per week ; the corresponding figures in small bakeries were $4.32 to $6.00 per week and $1.92 per week. While the rates applicable to stevedores, for example, do not seem inadequate by Caribbean standards, allowance has to be made for the factor of underemployment which is particularly prevalent in regard to wharf labour. Average take1 Report, op. cit., p . 194. s OKDE B K O W H E : op. cit., pp. 63-65. WAGES, HOUES AND CONDITIONS OF WORK 177 home earnings calculated in 1942, when wage rates had already begun to rise from their pre-war level, are illustrated by the following table : BARBADOS : E S T I M A T E D BY INDUSTRY AVERAGE Y E A R L Y E A R N I N G S OR OCCUPATIONS, 1 9 4 2 x Occupation or industry Number Agricultural labourers (nearly all sugar workers) . . . Fishermen Sugar factories (three months) Other factories and public utilities Dock workers and porters . . Transport (including taxis) Artisans (carpenters, masons, coopers, etc.) Shop assistants Government and other clerks Dressmaking, etc Police Assistant teachers Boad work, etc Government and parochial employees not elsewhere included Domestic servants Hucksters, etc All others 21,000 1,500 5,000 2,000 2,000 2,000 5,000 5,000 5,000 4,000 600 700 600 1,000 20,000 6,000 1,500 Average . . . Average yearly earnings I s. d. 21 33 13 50 37 50 40 40 80 25 108 57 83 10 5 0 0 10 0 0 0 0 0 5 5 5 0 0 0 0 0 0 0 0 0 0 0 0 0 50 15 41 63 0 0 15 5 0 0 0 0 31 5 0 1 Rounded to nearest, 5s. Based on estimates given by Frederic BENHAM : The National Income of Barbados, 1942 (Development and Welfare in the West Indies, Bulletin No. 9), p. 18. On this basis the average weekly earnings for all grades of workers was almost exactly 12s., varying from slightly over £2 for policemen to 14s. 9d. for dock workers and 8s. 3d. for agricultural workers, and thence to slightly under 6s. for domestic workers. The rise in wage rates in Barbados since 1939 has been well marked and can be amply illustrated. A report prepared for the Anglo-American Caribbean Commission in 1 9 4 3 1 indicated, inter alia, that in agriculture the basic wages of semi-skilled workers had risen 12% per cent, and that such workers received in addition a war bonus of 32% per cent. ; 1 Cf. The Caribbean Islands and the War, op. cit., pp. 70 et seq. 178 LABOUR POLICIES IN THE WEST INDIES that skilled and unskilled labour in the building industry alike received a war bonus of 20 per cent, and that certain classes of port labour were receiving a substantial rise since 1943. During the last six months of 1944, for example, scavengers, who had already in 1942 received an increase of 20 per cent. in their basic rates (bringing the range from 12s. to 15s. a week), obtained a further basic increase of 50 per cent. ; the war bonus for stevedores, lightermen and associated workers was increased from 10 per cent, to 25 per cent.; a regrading for manual workers employed by local public authorities provided up to 50 per cent, increase for the lowest paid categories and all such workers continued to receive a war bonus of 20 per cent. ; workers in foundries, the regrading of whom in September 1941 had resulted in an increase of from 40 per cent, in the Wages Bill, received a further increase. In January 1945 basic wages in sugar factories were increased by 25 per cent, and the war bonus applying to them raised from 17% per cent, to 20 per cent. In 1946 basic and overtime rates for stevedores were increased by 20 per cent, and the existing cost-of-living allowance of 2s. 6d. a day was continued. For lightermen the rates for ordinary as well as for overtime trips in respect of the handling of general cargo and sugar cane products were increased by 20 per cent, irrespective of the size of the lighter. Daily working hours were reduced from ten to nine. For clerical staff and workshop employees in foundries an increase of 30 per cent, took place for incomes up to £100 a year and a 25 per cent, increase for incomes between £100 and £200 a year. For lumber yard porters a retaining fee of Is. 8d. a day was given as an incentive to regular turn out. The existing 30 per cent, cost-of-living allowance was continued. The cost-of-living allowance for employees of the Barbados Telephone Company, Limited, was increased from 10 per cent, to 22 y2 per cent. For employees of Eadio Distribution (Barbados) Limited the basic rates were increased by 1 3 % per cent, and the existing cost-of-living allowance of 20 per cent, was continued. A considerable improvement in the wages of shop assistants was given in Bridgetown. For the following occupations the existing 30 per cent, cost-of-living allowance was absorbed into the pre-war rates and the resultant figure was then increased by a percentage from 20 per cent, to 25 per cent. : building and shipping coopers, ships' carpenters, licenced porters, lumber yard carters, WAGES, HOURS AND CONDITIONS OF WORK 179 sugar and molasses porters, crop-time factory mechanics and steamer warehouse porters. In 1948 a 15 per cent, increase was awarded to workers in the sugar industry. As a result of this award cane cutters received 2s. 4d. per ton of cane cut ; and for cultivation work the time rate fixed for men was 8 %d. an hour and for women 6d. an hour. In the sugar factories and syrup plants the rates of wages continued to be based on the ton of sugar and the puncheons of molasses, and varied with the size and efficiency of the factory. From 1 July 1948, the out-of-crop mechanics received a similar increase in their wage rates. The rates now range from 8d. to Is. 4d. an hour. Stevedores received an increase of Is. a day in 1948, their basic wage rate during this year being 16s. a day with timeand-a-half on Sundays and public holidays. Other port workers received increases in their wage rates ranging from 10 per cent, to 15 per cent, over the 1947 rates. These workers included lightermen, produce carters, produce porters, warehouse porters, deck clerks, tally clerks, ships' carpenters, lumber yard porters and carters. In the foundries, there was a 25 per cent, increase in the wage rates. The new rates ranged from 8d. an hour for a first-year improver to Is. 7d. an hour for a senior journeyman. The wages of shop assistants, artisans and domestic servants remained substantially the same as in 1947. Bus drivers and conductors received a 50 per cent, increase in wages, the former receiving 8s. 4d. per day and the latter 7s. 6d. per day. The following comparative table shows the increase in wage rates for special categories of workers : Category and basic rate Cane cutters, per ton Stevedores, per day Foundry workers, per hour . . . 1946 1947 $ $ 1948 i 0.42 3.00 0.10-0.34 0.50 3.60 0.10-0.34 0.57 % 3.84 0.16-0.38 Source : Annual Report of the Department of Labour, for the years 1946, 1947 and 1948 (Government Printer, Bridgetown). An important development affecting the wage structure in Barbados has been the new procedure for determining the wage rates of cane cutters in the sugar industry. This procedure 180 LABOUR POLICIES IN THE WEST INDIES was introduced for the first time for the 1946 crop ; it consists of payment of wage for cane cut instead of by the " cane hole ", and it was estimated that at the rates fixed for 1946 cutters would earn an average of over $2 a day as compared with $1.34 a day in 1945 and $1.08 in 1944, since it was calculated that the rate fixed for 1946 was 91 per cent, greater than that for 1944 and 50 per cent, greater than for 1945. I n the beginning of 1950, the agreement concluded between the Sugar Producers' Federation of Barbados and the Barbados Workers' Union regarding the wages of workers in the sugar industry provided for an all-round increase of 12 y2 per cent. on the basic wages of factory and field workers, with retrospective effect from 1 January 1950. In addition, it established a scale for cash bonuses to be paid to factory and field workers in accordance with the size of the annual crop. One hundred and twenty thousand tons was taken as an average crop, and the bonus scale was to begin with 1 per cent, for anything over 125,000 tons and to rise by 1 per cent, for every 5,000 tons. I t was estimated that the crop for 1950 would be over 140,000 tons, which would result in a bonus of 4 or 5 per cent, over and above the basic wage increase of 12 % per cent. The gains made are in the main to be attributed to a combination of three factors : the wartime increase in living costs, the development of collective bargaining and the increased concern of Government in relation to these problems. Barbados was the scene of serious labour disturbances in 1937, and the local Commission appointed to report on these disturbances attached considerable weight to wage problems. The generally improved situation since that date is indicated not only by the raising of wage rates in view of the rise in the cost of living but also by the fact that that process involved relatively little friction. Jamaica. The West India Eoyal Commission, 1938-1939, summarised the 1938 wage position in regard to agricultural workers as follows : Daily rates vary from Is. 6d. to 2s. 6d. for men and to Is. 6d. for women. On task work averages in 1938 in différent parishes. Tney range between Is. 3d. and cutting, between Is. 6d. and 4s. 3d. for forking, and and Is. 9d. for weeding.1 1 Report, op. cit., p . 194. from 10%d. vary widely 4s. for cane between Is. WAGES, HOURS AND CONDITIONS OF WORK 181 The Orde Browne report provides a more detailed schedule of wage rates prevailing at this period. Wharf labour, for example, was remunerated at the rate of lOd. to l i d . an hour, with double rates for night work and during meal hours, but, as elsewhere, employment was intermittent. Building trade workers in the corporate area earned from 4s. to 9s. a day; the wages of sugar factory workers ranged from 2s. 3d. to 4s. a day for labourers and 6s. 6d. to 9s. a day for mill foremen up to £3 to £7 a week for sugar boilers. Average rates of wages paid by the Public Works Department in 1938 were as follows 1 : Classification of labour Artisans : Carpenters Masons Plumbers and Painters Saddlers Blacksmiths Skilled labourers Unskilled labourers : Male Female fitters Rate per day s. d. 6 11 6 6 7 6 6 4 6 7 7 2 4 1 3 1 1 5 Since 1938, wage rates have registered a substantial increase in Jamaica, as elsewhere in the Caribbean. In Jamaica, the development of trade unionism since 1938 has been marked and the gains that unions have made through collective bargaining substantial. Government action under the Minimum Wage Act, 1938, has been the instrument for stabilising and raising minimum rates in a number of instances and represents a form of Government activity negligible in Jamaica prior to 1938. A further factor of considerable influence in Jamaica has been Government purchasing of export commodities, a factor which, in relation to the sugar industry, has been thus summarised : As the price of sugar can be increased by the Ministry of Food irrespective of market conditions, the emphasis has shifted away from the wages which the industry can afford to 2pay to the wages required to provide for the needs of the workers. A survey of wage rates by the Anglo-American Caribbean Commission in 1943 showed the following increases, inter alia, in the rates paid to certain categories of workers as compared 1 O R D E B R O W N E : op. cit., 2 Report of the Sugar Industry Commission (Jamaica, 1945), p. 156. p. 97. 182 LABOUR POLICIES IN THE WEST INDIES with immediately pre-war rates. Agricultural field workers were receiving a war bonus of Id. in every shilling for every rise of five points in a special cost-of-living index, pertaining only to such workers, the base month for which was June 1941. In the building trade, the basic wages of unskilled workers had risen by 40 to 50 per cent, and of skilled workers by 10 to 25 per cent. Winchmen and stevedores had obtained an increase of basic wages of 18 per cent, and all grades of workers engaged in public utilities (lighting) were receiving a war bonus of 25 to 30 per cent. 1 Minimum wage rates have been prescribed, under the terms of the Minimum Wage Law, for a number of occupations, including the following : sugar industry, 1942 ; catering trade (Kingston and St. Andrew), 1944 ; bread and cake bakery trade (Kingston and St. Andrew), 1944 ; the biscuit trade (Kingston and St. Andrew), 1944 and 1946 and the printing trade, 1945. I n a number of cases the rates originally fixed have been subsequently revised. The notes that follow apply to the Wage Orders noted above. The Proclamation covering the sugar industry provided (a) that every able-bodied male person, except an apprentice or a learner, employed in the sugar industry should receive a minimum wage of 2s. 6d. for each working day, and (b) that every able-bodied female person employed in the sugar industry and paid by the day should receive a minimum wage of Is. 6d. for each working day. " Wage " was defined to exclude any ancillary benefits but to include war bonus. In the printing trade, the schedule of rates fixed is a complex one, based on the norm of a 45-hour week. Separate sets of rates apply to workers in establishments with approved systems of grading and to workers in establishments without such systems. Time rates are prescribed for different grades of workers engaged in the different processes of the trade, with special rates for apprentices and learners over and under age 18. Where work is given out as piece or task work, it is provided that the minimum piece or task rates of wages shall be such as will enable an ordinary worker to earn at least the same amount of money in a given period as would be earned in respect of the same period were that worker employed at the time rates specified. In addition, task rates for some pro1 Cf. The Caribbean Islands and the War, op. oit., pp. 68 et seq. WAGES, HOTJES AND CONDITIONS OP W0EK 183 cesses are specified. Minimum time rates for overtime work are also prescribed. A few rates may be cited. The minima for female apprentices range from 12s. to 24s. a week, according to the year of apprenticeship ; the corresponding figures for male apprentices range from 12s. to 30s. a week ; for unskilled workers the range is 16s. 2d. to 27s. a week. With the exception of a few categories, all skilled and semi-skilled workers earn more than the highest minima for unskilled workers. In the catering trade, the minimum for single-time work is fixed at 16s. for a 54-hour week ; where hours are less than 54 the rate is proportionately reduced. Overtime is remunerated at time-and-a-half rates. In the bread and cake bakery trade, minimum single-time rates for a week of 51 hours are as follows : male unskilled workers 22s. 6d., female unskilled workers 16s. ; semi-skilled workers 25s. to 27s. 6d. ; skilled workers 30s. to 35s. ; foremen 55s. Overtime is to be compensated at time-and-a-half rates. Piece or task rates are to follow the principle noted above in regard to the printing trade. According to the 1944 Proclamation regarding minimum rates in the biscuit trade, the norm was to be a 48-hour week ; the 1945 amendment reduced the working week to 45 hours, the rates remaining the same. Single-time rates for unskilled workers range from 18s. (for females under age 20) to 33s. ; for semi-skilled workers from 26s. to 35s. and for skilled workers from 45s. to 54s. Normal overtime is to be at time-and-a-half and overtime on Sundays or public holidays at double rates. The 1946 Proclamation covering specified miscellaneous categories is based on an eight-hour day and a 45-hour week ; minimum rates fixed range from 18s. to 33s. a week for workers of an assistant grade to 36s.-80s. a week for different classes of tradesmen. The practical effect of the rates fixed under these Proclamations is not always evident, but the following local account has been given of some of the consequences ensuing from the fixing of^minimum rates for bakeries and the catering trade : In the Grade B skilled category are tablemen who formerly operated over a range of 15s. to 38s. for a 35- to 66-hour week. They are now paid a ininimum of 30s. for a 51-hour week, or an increase of 100 per cent, for the 15s. men. In the semi-skilled categories come furnacemen, who from a range of 15s. to 30s. for a 35- to 66-hour week havex been raised to a 27s. 6d. minimum for a 51-hour week or an 88 /3 per cent. 184 LABOUR POLICIES IN THE WEST INDIES increase for the 15s. man. Hand-carters were raised from a range of 9s. to 22s. for a 30- to 66-hour week to a minimum of 25s. for a 51-hour week, or an increase of 177 7/B per cent, for the 9s. man. In the unskilled categories are male wrappers who formerly operated over a range of 16s. to 22s. for a 48- to 52-hour week and now get a minimum of 22s. 6d. And there are others like tin sheet cleaners who are generally women, who from a range of 9s. to 22s. jumped to a minimum cf 16s. for a 51-hour week.1 Appendix X contains the latest information available to the International Labour Office in regard to wage levels in Jamaica. Since 1944, collective bargaining has come to play a major part in determining wage levels in the sugar industry, the enhanced strength of the trade union movement being an important factor in this regard. A 1944 agreement between the Sugar Manufacturers' Association and the Bustamante Industrial Trade Union provided for an increase in the war bonus of an additional 2d. in the shilling on basic rates then prevailing, subject to the limitation that the maximum increase consequent upon this concession should be one shilling a day and six shillings a week. Further increases granted by the Association in relation to the 1945 crop were estimated to increase the labour bill by some £20,000. In 1945, an agreement between the Union and the All-Island Cane Farmers' Association resulted in the grant of a wage increase of about 4 per cent, to workers on farms larger than 10 acres. On 4 January 1946, an agreement concluded between the Sugar Manufacturers' Association and the Union included the following wage provisions : all factories and estates should increase wages as from the week ending 5 January 1946 by Is. y2d.. in the " new composite shilling " 2 ; it is further specified that, in any case, the minimum rate per day is to be 3s. 6d. for men and 2s. 4d. for women with higher rates of 4s. and 2s. lOd. applicable to two estates. Subsequent agreements have confirmed the general trend of wage gains. Under-employment, nevertheless, remains a crucial factor in keeping down workers' earnings. Should effect be given to the policy recommendations of the Sugar Industry Commission, earnings in the industry would assume a very different pattern. The Commission recommended, inter alia, that, 1 Daily Gleaner (Kingston, Jamaica), 6 Aug. 1944. The " composite shilling " represents a shilling made up of original basic rates plus war allowances. 2 WAGES, HOUES AND CONDITIONS OF WORK 185 instead of maintaining a part-time, fluctuating labour force, the sugar industry should reorganise itself so as to employ, on a weekly basis, 14,000 full-time workers. These workers should be provided with work throughout the year with a guaranteed wage of 25s. for a week of 50 hours. During crop, additional workers could be obtained from among small farmers. I t is suggested that the United Kingdom Government should be asked to guarantee to take a specified amount of sugar at £19 a ton for a sufficiently long number of years. A number of part-time workers would, as a consequence, cease to derive employment from the industry but— . . . the efficiency of the sugar industry as the major source of the island's income from abroad must be the primary consideration and it cannot be considered its duty to maintain on a low level large numbers of superfluous workers.1 Trinidad. The report of the Boyal Commission, 1938-1939, provides the following information on prevailing rates of pay in the sugar industry and may serve as an indication of the typical earnings of the Trinidad agricultural labourer at that date : The average daily rate for men varies between Is. 10d., and 3s. 4d., and for women between Is. %d. and Is. 10 %d. The average weekly earnings vary between 10s. 5d. 1 and 14s. 7d. in the case2 of men, and between 6s. 10 %d. and 9s. 4 ,4d. in the case of women. In 1937, the wages of field and factory workers throughout the sugar industry had been increased by 10 per cent, and 20 per cent, respectively, the International Sugar Agreement of that year being probably the main contributory factor. The figures the report cites include this increase. The trend of wage levels in Trinidad since 1939 has been markedly upwards, and the causes are not far to seek. In Trinidad, as compared with other British Caribbean territories, emphasis has to be laid on the significant expansion of employment opportunities, described above 3 ; the development of collective bargaining and guaranteed purchase has also been influential. It is, however, noteworthy that no Government action has been taken to prescribe minimum wage rates ; presumably competitive wage increases ensuing from the 1 Report, op. cit., p. 183. Ibid., p. 194. 3 Cf. Chapter III. 2 186 LABOUR POLICIES IN THE WEST INDIES shortage of labour in Trinidad during the war years have caused such action to be regarded as unnecessary. The rates quoted in Appendix X I I require brief comment. The marked increase in earnings in the sugar industry up to 1944 was not brought about by a general increase in basic wage rates, but partly by a reduction in the sizes of tasks without any modification in task rates and partly by war bonus arrangements. In general, war allowances constitute a large part of the wage gains registered. The wage rates cited for the oil industry do not include a war bonus addition to wages calculated on a sliding scale based on the movement of the Government's cost-of-living index figure : at the end of 1941, this addition represented an increase in earnings of three cents an hour ; 1942, six cents ; 1943, eight cents ; and 1944, 8% cents. The general position in 1943 may be summarised as follows.1 War bonuses were being paid at the rate of 15 cents a day to agricultural field workers and sugar factory workers, 12 cents a day to telephone workers, 7 cents an hour to stevedores and 10 per cent, of weekly wages in most shops (distributive trade). In some workshops and factories, war allowances increased wages by as much as 7 cents an hour. Government employees, truckers in the shipping industry, public utility workers (lighting, water and transport) and workers engaged in road building received war allowances calculated on the following basis : 15 per cent, on the first 80 cents a day earned, 10 per cent, on the next 80 cents and 5 per cent, on the remainder subject to a minimum of 14 cents a day. Most basic rates of pay had also increased ; for example, in the unskilled category, building trade by 20 to 33 per cent., for some shop assistants by up to 100 per cent. During 1944, further increases were registered for field workers in the sugar industry, certain factory workers and for Government employees. 2 The collective agreements in force during the war played a substantial .part in securing relatively smooth adjustment of wage rates to rising costs of living, a particularly important question in Trinidad, where living costs have more than doubled since 1935, according to the Government cost-of-living index. ïfew agreements concluded towards the end of the war 1 Cf. The Caribbean Islands and the War, op. cit., pp. 70 et seq. Trinidad and Tobago, Council Paper No. 52 of 1945, Administration Report of the Industrial Adviser for the Year 1944 (Trinidad, 1945), pp. 5-6. 2 WAGES, HOUES AND CONDITIONS OF WORK 187 or since the return of peace are playing an equally important part in the present transition period. Of most importance during the past few years have been those concluded in the sugar industry, the oil industry and the shipping industry. At the end of 1944, the first comprehensive collective agreement covering the sugar industry was concluded between the Sugar Manufacturers' Association of Trinidad and the All-Trinidad Sugar Estates and Factories Workers' Trade Union, covering the 1945 crop and applicable to some 20,000 workers. The agreement provided that the basic rates of pay of all field and factory day, task and piece workers should be increased by 15 per cent, of the existing rates, such increase not to apply to war, attendance and output bonuses. Attendance and output bonuses represented one method through which the sugar industry endeavoured to rehabilitate itself. Field and factory workers, for example, were granted by some companies an attendance bonus of 20 cents a day for attendance of not less than ten days per fortnight during 1945. The terms of this collective agreement were extended for a further year by a second agreement of 1 February 1946. In addition provision was made for the payment of a general group time bonus equivalent to 10 per cent, of the 1944 basic rates. A further increase took place in the beginning of 1947. Average daily earnings were $1.10 for field workers and $1.70 for workers in the factories where an eight-hour day is observed. During 1948 the rates for task work were increased by 6 cents, and for time and piece work in collective operations by 12 cents on the 1947 basic rates. Work people employed in sugar factories received an increase of 2 % cents an hour on the 1947 basic time rates. A new agreement was concluded at the end of 1947. Under this agreement skilled workers received rates of pay ranging from 3 4 % cents per hour and unskilled workers from 29% cents to 3 2 % cents per hour inclusive of cost-of-living bonus which was at the rate of 11 cents an hour. After 15 January 1948 the cost-of-living bonus rose to 1 1 % cents an hour. An agreement effective from 13 December 1945 replaced the agreement which had lasted for the duration of the war between the Oilfield Employers' Association of Trinidad and the Oilfield Workers' Trade Union. The agreement, covering some 14,500 workers, provided for daily paid workers wage 188 LABOUR POLICIES IN THE WEST INDIES increases ranging from two cents to eight cents an hour and for foremen and clerks, minimum weekly increases of $1.50. I t was estimated that the wage bill of the Trinidad oil industries would be increased by about a million dollars a year as a result of the agreement. An agreement effective from 1 April 1946 between the Shipping Association of Trinidad and the Seamen and Waterfront Workers' Trade Union replaced the agreement of December 1938 which had operated during the war. I t provided for increases in basic rates of the order of 20 per cent. In 1947 hours of work in the Port Transport Industry were reduced from 48 to 44 hours a week. Stevedores received 4114 cents per hour including cost-of-Uving bonus. In 1948 stevedores received a wage of 30 cents per hour plus cost-ofliving bonus of 1 1 % cents. All the above agreements maintained cost-of-living bonus separate from basic rates and left undecided the question of their eventual consolidation in a new single composite rate. The 1948 Commission enquiring into the working of the sugar industry in Trinidad recommends in its report that " the basic wage rates and the cost-of-living bonus be consolidated for field and factory workers." x The following table of indices published in the Official Gazettes of two territories shows the extent to which the increase in the cost of various items has varied. Territory Item Index of December 1949 Barbados : Jan.-Aug. 1939 = 100 . British Honduras : Sept. 1939 = 100 . . . Food Clothing Rent Fuel and light Other items Food Rent Clothing Fuel, light and washing Other items 217.12 354.04 115.00 181.67 257.08 192 110 295 172 173 1 Report of the Commission appointed to Enquire into the Working of the Sugar Industry in Trinidad (Port of Spain, Government Printer, 1949), p. 136. WAGES, HOUES AND CONDITIONS OF WOBK 189 Hours and Conditions of WorJc1 Three characteristics previously mentioned of the employment structure in British Caribbean territories require to be re-emphasised in studying hours of work in these territories. Casual labour, on a day-to-day basis with frequent intervals of unemployment, is a standard pattern. The closely allied factor of intermittent employment implies, in terms of a casual labour system, that over long periods in any given year schedules of weekly hours of work in many occupations have no real meaning. Thirdly, since employment, particularly in agriculture, is so largely remunerated on a " task " basis, the term " normal hours " requires a certain effort of interpretation. One explanation offered by official opinion of the large volume of underemployment is that it is largely voluntary absenteeism. The report of the 1943 Sugar Industry Commission, Trinidad, included the following statement : The information which has been placed at our disposal indicates that absenteeism is a traditional characteristic of Trinidad workers in all trades and industries. The incidence of absenteeism varies with the degree of industrialisation among groups of workers and the regularity of employment provided, but absenteeism seems more habitual in agriculture than in any other industry, and most pronounced in the sugar industry. By absenteeism we mean the failure of wage earners to work regularly when regular work is available, or the failure consistently to perform a full week's work . . . In the sugar industry . . . we And that workers perform an average of rather less than four units of labour each week. A unit of labour is regarded as one task, and in the case of time workers, one day's work.2 The Economic Policy Committee, Jamaica, made similar comment and the Comptroller's Eeport on Development and Welfare in the West Indies, 1943-1944, s t a t e d Irregular attendance and avoidable absenteeism is common throughout the West Indies and this can only result in a lowering of the standard of life. In Trinidad and British Guiana avoidable absenteeism has been very noticeable during the past two years. The causes are varied. In both colonies, the shortage of consumer goods has played a part, local production of foodstuffs at guaranteed prices has stimulated production with profitable returns, whilst in 1 2 Cf. also Chapters I I I and V I I I . Trinidad and Tobago, Council Paper No. 1 of 1944, op. cit. 13 190 LABOUR POLICIES IN THE WEST INDIES Trinidad considerable savings made from work during the construction of the bases have not yet been exhausted or expended . . . In several instances, it would seem that workers have been content over given periods of time to look for earnings very little in excess of those which were received before wages were increased.1 Such criticisms of working habits need definitely to be questioned and the factors involved considered in proper perspective. On the one hand it is clear that in normal times full employment has not been available. When, in wartime, higher employment levels prevailed, and continuous employment became available for larger numbers of workers, it could hardly be expected that the habits of, perhaps, a lifetime could be rapidly overcome. On the other hand, prevailing social conditions, particularly malnutrition and highly unsatisfactory living conditions, have had an adverse effect on workers' output. But the capacity of the British West Indian worker, granted reasonable continuity of employment and an adequate wage incentive, is suggested by his performance as a migrant worker in the United States, the United Kingdom and elsewhere during the second world war. I n the territories under consideration, hours of work are regulated in some cases by law (for example, shops and factories), in others by hour schedules tied to prescribed minimum wage rates and in others by collective agreements. The scope of such regulation is limited to prescribing normal hours after which overtime rates will apply rather than setting absolute maxima to hours. Eegulation is becoming more widespread but is not extensive at the present time. The hours of work of shop assistants are limited by law to 41 a week in St. Lucia (56 in small shops), 45 in Antigua, St. Christopher-Nevis and British Honduras, 47 in British Guiana and 48 in St. Vincent. I n Jamaica, the limitation is to the effect that shop assistants may be employed only from Monday to Friday from 8 a.m. to 4 p.m. and on Saturdays to 6 p.m., with provision for a half-holiday on one of these days. Provision has usually been made for longer hours during the Christmas season. Elsewhere, as in Trinidad and Barbados, the limitation set is on the hours of opening of the shops. In St. Vincent, barbers, chemists and restaurant employees are subject to a ten-hour day and 54-hour week limitation. 1 Development and Welfare in the West Indies, 1943-1944, op. cit., pp. 69-70. WAGES, HOUES AND CONDITIONS OF WORK 191 Factories legislation enacted in a number of territories authorises the competent authority to regulate hours of work in factories by administrative order, but only in a few cases has this permissive power been used. In Jamaica it has been limited in its application to boys under 16 years and to women. These two categories of workers may not be employed for more than eight hours a day or 44 a week, on Sundays or on night work, nor for more than four-and-a-half hours without an interval of at least half an hour for a meal or rest ; provision for a half-holiday is also made. Overtime is permitted for women subject to the following conditions : (a) the total overtime hours shall not exceed 300 in any calendar year ; (b) total hours worked are not to exceed ten a day or 56 a week ; (c) except in exempted industries, night work is not permissible ; and (d) employment shall not extend for more than four-and-a-half hours without an interval of at least half an hour for a meal or rest. Overtime for boys under 16 years is subject to the limitation that overtime hours are not to exceed 100 a year and total working hours nine a day. 1 Minimum wage orders at present in force prescribe the following working hours in relation to minimum rates set : British Guiana, waterfront workers, eight a day; Jamaica, printing trade, 45 a week ; Kingston and St. Andrew, Jamaica, bakery trade, 51 a week, catering trade, 54 a week, biscuit trade, 45 a week ; Windward Islands, agricultural workers, eight a day. Where minimum wages have been prescribed for occupations operating largely on a task basis, the principle has been followed that task rates are to be fixed so as to allow average workers to earn at least the minimum rate in the time prescribed. Where there has not been regulation, the time taken by workers to perform tasks constitutes a relatively short working day and in the Caribbean relatively few workers perform more than one task a day, even though on occasion sufficient work has been available to permit them to do so. The situation in Trinidad may serve as an illustration. In the sugar industry in 1943, task workers generally completed their tasks in between four and five hours and worked only on three or four days a week. On cocoa estates, while the working day for time workers is eight to eight and a half hours, task workers require only from four to six hours to complete the task set. 1 S.R.O. 51 of 1943 ; S.R.O. 21 of 1945. 192 LABOUR POLICIES IN THE WEST INDIES Hours of work in commercial undertakings have in the past been unsatisfactorily long, but the regulation of hours of work of shop assistants has met this criticism to some extent. In industrial undertakings there is wide variation. In Jamaica in 1943 a survey revealed that average working hours were about 51 a week for trades and industries in the Corporate Area ; for industry and public utilities the average was rather less, but a substantial proportion of the work was done on job or piece rates. Where continuous operations are involved and skilled operatives for a particular process are rare, such operatives may work extremely long hours. The Jamaica Labour Department report for 1943 records that in sugar factories during the crop season some employees worked on occasion the equivalent of 12 nine-hour days in a single week. Abnormal hours of work are prevalent in some occupations : waterfront work and domestic service may be cited as instances. In regard to waterfront work the situation is of particular interest because the system is one maintained by the wish of the employee. The position in Jamaica was thus analysed by Major Orde Browne : (Labour on the wharves in connection with the loading and unloading of ships) . . . is . . . notoriously irregular in incidence, and in consequence usually well-paid during employment. In Kingston the rates of pay may occasionally be as high as 2s. an hour, and the men would be quite comfortably situated if they had any approach to constant employment, but in practice the numbers seeking work are so great that cases frquently occur where a man may have only a day's, or even a few hours', employment in a week. Such being the position, any available employment is jealously guarded, and men once engaged in connection with a particular ship expect to be retained for the duration of the job. Hours of continuous employment thus reach almost incredible figures ; twenty hours, thirty hours, and even forty hours are stated by responsible parties to occur normally. With this there has grown up a peculiar and pernicious system of overtime ; meal hours are paid at double rates, given that the worker forgoes his rest and food, while furthermore, the midnight hour is paid at four times the usual rate. This system is obviously calculated to achieve the exhaustion of the worker with reduction of efficiency ; in addition, the highly paid overtime must have an objectionable effect in putting a premium on the sacrifice of necessary rest and in introducing an extraneous motive for trying to secure employment during the most lucrative periods, or for prolonging a job so as to include a double-pay hour.1 1 O R D E BKOWNB : op. cit., pp. 75-76. WAGES, HOUES AND CONDITIONS OP WOKK 193 Despite attempts at regulation, the system has persisted. In British Guiana, for example, a port-workers' registration scheme has been instituted, and an eight-hour normal day set by administrative order, but it is still customary for workers to be engaged for the duration of the job, the loading and discharging of one ship, for example. The Eoyal Commission reported in 1939 that the normal working day of the domestic servant was from 6 a.m. to 9 p.m. She depends upon the goodwill of her employer for any sick leave, annual holiday or other time of release from duty. Workmen's compensation legislation, where it exists, does not apply to her. Her lot, which is often a hard one, might be relieved in many cases if she would live in, but we were told that few servants will accept that condition of employment and there are many homes which do not offer it. 1 In Jamaica in the Kingston and St. Andrew area the average hours worked by domestic servants in 1943 were 76 a week. Weekly rest arrangements are general though express legal provision is rare and has been made only in a few Shops' Assistants' Hours Laws and in factory regulations. Overtime rates for any work performed on Sundays or public holidays is a general practice. The terms of minimum wage orders also indicate widespread recognition of the principle of weekly rest. Legal provision for annual paid holidays is infrequent, and where in force applies only to limited categories of workers. In British Honduras, Dominica, St. Lucia and St. Vincent shop assistants are granted by law an annual hobday of fourteen days with pay and in Jamaica, as is noted in Chapter VIII, legislative provision on a wider basis has been made. Collective agreements cover several other groups of workers. In Trinidad, an estimated 20,000 workers employed by members of the Sugar Manufacturers' Association were by 1945 and 1946 agreements with the All-Trinidad Sugar Estates and Factories Workers' Trade Union given annual paid holidays subject to the following conditions : (1) the maximum holiday with pay to be seven days per annum ; (2) the qualifying period for holidays with pay to be 234 days' work each leave year subject to (7) below ; (3) the leave year to be the employment year of each employee ; (4) for the purpose of calculating a leave year an employment period to be deemed to have been terminated if an employee is 1 Report, op. cit., p. 218. 194 LABOUR POLICIES IN THE WEST INDIES absent from work without permission for a continuous period of fourteen days, save in the case of genuine sickness ; (5) for the purpose of calculating the qualifying period of 234 days, time lost through genuine sickness and time lost by the employers' inability to offer suitable alternative employment to a worker's normal occupation, to be regarded as time worked ; (6) the daily rate of payment for holiday periods to be equal to the average daily earnings during the qualifying period ; (7) seasonal workers, i.e., those who work during the crop season only, to be entitled to holidays with pay, the qualifying period and the holidays with pay being reduced in such cases proportionately to the period of continuous employment. Other agreements include the following provisions : employees of the Antigua Sugar Factory, six days to all workpeople who have worked satisfactorily throughout the crop ; employees of the Sugar Manufacturers' Association, Jamaica, one week's annual holiday with pay. Annual holidays with pay are granted more frequently than the above summary might suggest. In Barbados, casual workers employed by the Government receive 14 days' vacation leave if they have worked 250 days or more during the previous year, similar provision for seven days' leave having been increased as from 1 April 1946 ; the two foundries operating in Bridgetown and a great many of the shops and commercial undertakings give their employees annual holidays with pay ranging from one to two weeks. In Jamaica " it is the custom for most employers, including Government, to give holidays with pay—usually a fortnight or a month per year—to their permanent staffs." x In the oil industry in Trinidad, workers are given one week's leave with full pay annually, the qualifying period being 272 days a year, while non-established Government employees are given a paid vacation of seven to 14 days depending upon the number of effective years of continuous service (250 days a year) served. In British Honduras, manual workers employed by the Government receive seven days, the qualifying period of work being 250 days. From the beginning of 1946, provision was also made in St. Kitts for Government casual workers. In St. Lucia, all categories of workers employed by the Colonial Development Corporation receive seven days holiday with pay, the qualifying period of work being 234 days. I n Chapter V i l i , a detailed account is given of the legal requirements in force regarding advances and the protection 1 BENHAM : op. cit., p. 17. WAGES, HOURS AND CONDITIONS OF WORK 195 of wages in British Guiana and British Honduras. In these two territories the question is one of substantial importance because of the recruitment of labour for employment in the interior. Where minimum wage orders for the agricultural industry have been issued in the island territories, provision for the protection of wages has assumed importance for a different reason ; it has been needed to ensure that workers do not cease to enjoy any customary privileges as a result of the fixing of higher rates. In St. Vincent, for example, the Order stipulates that— . . . all payments of wages made under the provisions of this Order shall be in money, and no reduction shall be allowed in respect of any privilege enjoyed by the agricultural worker. A " privilege " is defined to include— . . . any advantage, concession, perquisite or benefit whatsoever (including free housing and free pasturage) which now is or may hereafter be conferred on, granted or made to an agricultural worker as a condition of or otherwise in connection with his employment as such.1 The privileges accorded workers in some territories aid in relieving the impact of underemployment, as the report of the Jamaica Sugar Industry Commission, 1945, indicates. In this industry, approximately 39 per cent, of the workers during the crop period and 50 per cent, out-of-crop are provided with housing free of rent ; the estates usually make such provision for regular field and factory workers. In-crop 25 per cent, and out-of-crop 40 per cent, are provided by the estates with allotments of land for cultivation and a small percentage are allowed pasturage privileges. Workers' privileges are to be correlated in part with the now legally obsolete responsibilities once vested in the employer with regard to housing, medical attention, educational facilities, allotment, pasturage and other privileges. The present anomalous system has been thus summarised by Major Orde Browne : The abandonment of indentured labour introduced an important change in the position of the labour force, though this appears to have passed quite unrecognised. The tradition of a body of workpeople resident on the estate persisted, though it no longer had any legal support. The workman was entirely free, bound by no contract and equally enjoying no contract rights ; he had therefore 1 St. Vincent, Department of Labour (Agricultural Workers) Order, 1943, S.R.O., 1943, No. 18. 196 LABOUR POLICIES IN THE WEST INDIES no justification for requiring any housing, medical attention or other privilege beyond his wage. Nevertheless the old barracks, squalid, dilapidated and overcrowded though they might be, continued to house a considerable population, who regarded them as their homes and protested vigorously iE required to leave them. It would indeed have been difficult for these people to find housing elsewhere, while it was also a convenience for the plantation to have at least the bulk of its labour residing near at hand. Modern opinion continued to demand improvements and the surviving ranges of barracks began to be replaced by small cottages better suited to family requirements than the older buildings intended for transient occupation only. Hospitals were improved until it is now possible to find estates maintaining well-equipped establishments with a staff of a medical officer and nurses ; similarly, special buildings and qualified teachers cater for educational requirements. The implication that such responsibilities must be borne by the estate was generally accepted and the lapse of the former obligations under the indenture system was ignored. Unprogressive properties therefore which provided only low-grade accommodation were bitterly criticised and contrasted with the more advanced ; the absence of any legal basis for these claims seems to have been generally overlooked.1 Legislation regarding factories is summarised below. 2 In practice, arrangements for inspection do not seem to be satisfactory except in Jamaica and Trinidad, largely because of the absence of the necessary trained staff. Factories regulations in Jamaica contain, in addition to rules for the safe operation of machinery, a number of provisions specifically framed to protect workers' health and safety. These include the regulation of hours of work (Jamaica only), cubic space per worker, ventilation, sanitary conveniences, rest rooms for female workers, first-aid equipment, and such equipment as goggles or screens where the character of the operations being performed so require. Finally, one recent development, an outcrop of the growth of trade unionism, deserves attention. Some of the wellestablished unions are endeavouring in collective agreements to improve security of tenure for their members by including clauses stipulating preferential employment rights for their members, clauses containing anti-victimisation provisions and clauses conferring sole bargaining rights. Agreements between the Bustamante Industrial Trade Union and the Sugar Manufacturers' Association of Jamaica, for example, have included clauses with such content. 1 O R D E B R O W N E : op. 2 Cf. Chapter VIII. cit., pp. 15-16. WAGES, HOTJES AND CONDITIONS OF WORK 197 UNITED STATES TERRITORIES Puerto Rico Wages. Both wages and prices in Puerto Eico are at a higher general level than in nearly all other West Indian territories, largely because of the fact that the economy of Puerto Eico is geared to that of the United States. Appendix XIV contains a table prepared by the Department of Labor of Puerto Eico, illustrating the constant and marked increase in average hourly wages in Puerto Eico from 1934 to 1949. The cost-of-living index, whose base period is March 1941, rose to 178.3 as at June 1948. During the year to June 1949, the index fell for the first time and at the latter date was at the level of 162.6. The different items comprising the index showed the following coefficients in June 1949 : Food Clothing Bent House furnishings Miscellaneous 186.4 130.5 108.7 130.5 144.3 Increased wage levels must be regarded, in large part, as resulting from the general inflationary trends consequential upon wartime conditions and the continuance of the sellers' market in the immediate post-war years. More proximately, the establishment and utilisation of an extended network of minimum wage fixing machinery and the development of collective bargaining resulting from the increased strength of workers' organisations have played an important part in the process of adjustment. However, it is clear from available analysed documentary evidence that the level of real income and wages has risen in Puerto Eico over the past decade, a fact which cannot be established in respect of other West Indian territories. 1 The sustained and actively pursued policies of economic development and industrialisation of the Puerto Eican Government furnish the essential explanation. 1 Cf. above, Chapter I I and the following studies, inter alia, PERLOFF : Puerto Rico's Economic Future (Chicago, University of Chicago Press, 1950); Daniel CREAMER : The Net Income of the Puerto Mean Economy, 1940-1944 (Río Piedras, Social Science Research Center, University of Puerto Rico, 1947). 198 LABOUR POLICIES IN THE WEST INDIES The legislative aspects of the Insular Minimum Wage Act and of the application of the Fair Labor Standards Act, 1938, and the 1937 Sugar Act to Puerto Eico are examined in Chapter V i l i . A few features of the practical application of the minimum wages for which this legislation provides require some comment here. Minimum hourly rates prescribed under the Fair Labor Standards Act have been subject to substantial upward revision since special rates for Puerto Eico were first introduced in December 1940. In the needlework industry, for example, the rates first set ranged from 12 % to 22 yz cents an hour ; present rates range from 15 to 40 cents an hour. The industry studies conducted as a basis for fixing these rates have been detailed and comprehensive. The 1941 study of the Puerto Eico leaf tobacco industry may be cited as an example. I t examines the position of the industry in the economy of the island, its historical development, the volume of employment afforded, the number and location of establishments and the quantity and value of shipments to the United States and England. Existing average hourly earnings, health conditions, unionisation and out-work are examined and compared with mainland labour conditions in the industry. In consequence, the study analyses the factors affecting the demand for and price of Puerto Eican leaf tobacco, trends in the number and resources of leaf tobacco purchases, estimated increases in labour costs and costs of production of leaf tobacco and cigars resulting from possible increases in minimum wage rates in the Puerto Eican leaf tobacco industry, the factors bearing on ability to absorb possible wage increases and transportation costs. 1 The rates prescribed annually by the Secretary of Agriculture under the 1937 Sugar Act as fair and reasonable wages are announced after public hearings. They have tended to follow closely rates reached by collective bargaining, in particular in the sugar industry. Up to November 1949, sixteen Mandatory Decrees had been issued by the Insular Minimum Wage Board. 2 The Puerto Eican Department of Labor thus summarised the effect of the first six Decrees : 1 United States Department of Labor, Wage and Hour Division, Research and Statistics Branch : Puerto Rico : The Leaf Tobacco Industry (Apr. 1941). 2 For a complete list and statistical information relating thereto, cf. Appendix XIV. WAGES, HOUES AND CONDITIONS OF WORK 199 The annual payrolls of said industries or commercial activities have been increased by over five and (one)1 half million dollars and over 170,000 workers have been benefited. The development and present status of collective bargaining in Puerto Eico has received detailed attention in Chapter IV. The collective agreements reached, particularly in recent years, have tended to be well above the minima laid down by administrative orders, except in the case of agricultural workers. These minima, however, were designed only to " put a floor under " wages, and the tendency sometimes noticed of statutory minimum rates of pay becoming in practice maximum rates has been only partially operative in Puerto Eico. For example, the minimum rates prescribed by Mandatory Decrees 2 and 3 for workers in the factory phase of the sugar industry range from 33 to 46 % cents an hour ; in the 1946 agreement signed between the management of the Gambaleche Central 2 and the union representing the factory workers (an affiliate of the P.L.T.), agreed basic rates ranged from 40 to 65 cents an hour, with provision for sliding-scale increases in proportion to any rise in the price of sugar. But in the 1946 agreement between the Sugar Producers' Association of Puerto Eico on the one hand and a C.G.T. affiliate and two other unions covering agricultural sugar workers, the scheduled basic rates for the lower-paid categories of workers are identical with the minima laid down by the Minimum Wage Board. Two recent developments affecting the Puerto Eican wage structure require mention : the guaranteed day or week 3 and proportional-profit sharing. The former development is to be noted both in insular Minimum Wage Decrees and in collective agreements ; the latter naturally applies only to certain undertakings owned by the people of Puerto Eico and administered by the Land Authority. The significance of both, at the present stage, lies in improving the level of earnings diminished by partial or intermittent employment. This is clearly the case with the guaranteed day or week; in the circumstances of Puerto Eico, the distribution of profits from proportional-profit farms provides a lump sum to tide the agricultural worker over that period of the year at which he feels the effects of seasonal unemployment. 1 Annual Report of the Commissioner of Labor . . . for the Fiscal Year ended 30 June 1944 (San Juan, P.R., 1944). 2 One of the largest sugar factories in Puerto Rico and the first such factory to be acquired by the Land Authority. 3 Cf. below, Chapter VIII, for fuller account. 200 LABOUR POLICIES IN THE WEST INDIES Sours and Conditions of WorTi. The summary of labour legislation provided in Chapter VIII shows that there is in force in Puerto Eico a large body of legislation regulating hours and conditions of work. The relevant provisions cover, inter alia, the regulation of hours generally, the regulation of hours and conditions of work by the Minimum Wage Board, weekly rest, safety and inspection and the protection of wages and also include a number of provisions of a more specialised character. The study of typical provisions in recent Puerto Eican collective agreements and of the status and history of collective bargaining in the island, made in the preceding chapter, has provided some picture of the significance of this factor in improving working conditions. The problems attendant upon analysis of hours of work in Puerto Rico have points both of similarity and of difference as compared with corresponding problems in regard to the British territories. On the one hand, seasonal unemployment, underemployment and casual employment are common features. On the other, task work in agriculture is relatively infrequent and available information on hours is much more extensive for Puerto Eico. The following table sets out average weekly working hours of selected categories of workers in Puerto Eico during 1944-45. 1 Occupation Agriculture Sugar cane Tobacco Coffee Minor crops Cattle raising Industrial undertakings Food and kindred products Cane sugar (except refineries) Cane sugar refineries Apparel Wholesale trade Retail trade Transportation Communication Average weekly hours 31.3 24.9 40.3 36.8 32.7 43.1 36.2 36.4 28.7 29.8 33.8 37.3 47.0 34.7 41.9 Such averages, because they allow for intermittent employment, disguise both the duration of work regarded as normal 1 Compiled from Annual Report of the Commissioner Fiscal Year ended 30 June 1945 (San Juan, P . B . , 1945). of Labor . . . for the WAGES, HOUES AND CONDITIONS OF WORK 201 in an industry and the much longer hours worked by some employees. While it is not gainsaid that regulation of hours of work is much stricter now than was the case in 1940, the information available for that year reveals some of the problems of interpretation in using averages as a guide. The average weekly number of hours actually worked by all workers was 28.4 and the average full-time week was 50.8 hours. On wharves, in the needlework industry and in milk pasteurisation, the full-time working week was calculated to be 50.7, 45.0 and 56 hours respectively; hours actually worked were 8.1, 32.6 and 55.4. Corroboration of this evidence is given by studies made by the Minimum Wage Board. A single example will suffice— WEEKLY HOURS WORKED BY 8 2 2 EMPLOYEES OF BARS, HOTELS, RESTAURANTS AND SODA FOUNTAINS IN PUERTO RICO Weekly hours Less t h a n 4 0 . . . . 40-41.9 . . 42-43.9 44-45.9 46-47.9 48-49.9 50-51.9 52-53.9 54-55.9 56-57.9 58 and over Total 16 8 5 2 3 659 12 • 5 22 48 42 822 x Percentage of total 1.9 1.0 0.6 0.2 0.4 80.2 1.5 0.6 2.7 5.8 5.1 100.0 1 Gobierno de Puerto Rico, J u n t a de Salario Mínimo : El Negocio de Hoteles, Bestaarantes, Cantinas y Fuentes de Soda en Puerto Rico (San J u a n , P . R . , Nov. 1943), p. 27. In practice the most effective measures for the regulation of hours and conditions of work in Puerto Rico appear to be those consequent upon the Mandatory Decrees of the Minimum Wage Board. A detailed analysis of these also serves to throw light on general working conditions in the industries covered. All the Mandatory Decrees include a number of provisions of a general character to the following effect. If wage rates of any workers are higher than the minimum rates prescribed, existing rates may not be decreased. Employers may not 202 LABOUR POLICIES IN THE WEST INDIES increase rents or the cost of any services they provide by reason only of the coming into effect of a Decree nor may they require payment for any food provided in the course of work. Where collective agreements are in force, the terms of Mandatory Decrees shall not be a ground for non-fulfilment of any of the requirements of such agreements. Should any part of a Decree be declared null by a competent judicial authority, such a ruling is not to affect other provisions of the Decree. With a few exceptions, the Decrees stipulate an eight-hour day and a 48-hour week, with overtime to be remunerated at double rates. A 40-hour week is the standard set for the leaf tobacco industry, the industrial phase of the sugar industry and for theatres and cinemas ; an eight-hour day without a maximum week is prescribed for the agricultural phase of the sugar industry and for hospitals and allied institutions, and certain classes of field workers in the sugar industry have a seven-hour day with overtime at double rates. In the leaf tobacco industry and the industrial phase of the sugar industry, while double time is to be paid for work in excess of eight hours a day, only time-and-one-half rates are required for hours in excess of the weekly maximum. Provision for fifteen days' annual holiday with pay, which may be accumulated over two years, is made for permanent employees in the Decrees covering hospitals and allied institutions, hotels, bars, restaurants and soda fountains, theatres and cinemas, retail trade and the milk industry. Provision for annual sick leave with pay is made in a few cases, but in others an employee is merely permitted to count days of absence through sickness against his accumulated holidays with pay if desired and no provision is made in these instances, especially when employment in the industry concerned is casual. Weekly rest provisions are also included in some Decrees. Employers are usually required to provide sanitary conveniences, drinking water and a clock in an accessible position. Provision is also made for the supervision of the adequacy and cash value of housing or meals customarily provided and regarded as part of remuneration. Where minimum wages prescribed have been based on the assumption that certain services are customarily provided free of charge to the worker, the employer is prohibited from charging for such services. WAGES, HOTJES AND CONDITIONS OF WORK 203 A provision of general occurrence is the requirement that minors under 18 years should be paid not less than 75 per cent. of the minimum wages fixed for the occupations in which they are engaged. I n industries where intermittent employment and underemployment are notoriously frequent, provision is made for the workers to obtain either a minimum period of employment or to be paid for at least a minimum number of hours. The Decree covering field workers in the sugar industry, for example, requires that any worker employed on a given day should be afforded at least four hours' work and the Decree covering hotels and allied establishments requires that employees working four hours a day for four days in a given week are to be paid the full weekly rate. There are also a number of miscellaneous provisions applicable to particular industries. In hotels and allied establishments, tips may not be regarded as part of wages ; one litre of milk daily is to be provided free of charge to workers milking cows ; seats are to be provided for shop assistants, and in the agricultural phase of the sugar industry task work is prohibited unless the worker desires it. Virgin Islands The minimum wages prescribed under the Fair Labor Standards Act, 1938, and in force in the Virgin Islands in 1947, are given in the following table 1 : Industry Property motor carrier . Communications 1 . . . . Rates per hour St. ThomasSt. Croix St. John Cents Cents 35 30 32 30 30 30 30 30 30 30 32 25 25 25 25 From Wage Order of 15 June 1945, effective 1 August 1945, published in the Federal Register, 21 June 1945. 204 LABOUR POLICIES IN THE WEST INDIES The Hill Wage and Hour A c t l , applicable only to St. Thomas-St. John 2 , as amended, prescribes the following minima : Classification Utility worker Scales or service clerk Unskilled labour Semi-skilled labour Skilled labour Minimum hourly rate of pay Cents 15 20 30 40 50 Other minimum rates prescribed under the 1937 Sugar Act are applicable to St. Croix. In 1942 the following minima were prescribed : harvesting of sugar cane, $1.36 a day of eight hours ; production and cultivation, $1.04 a day of eight hours. Overtime was to be remunerated at single-time rates. Persons employed on a piece-rate basis should be paid at rates which would result in earnings at least equal to the above rates. Employers were required to furnish workers, without charge, any perquisites customarily furnished, such as a dwelling, garden plot, pasture lot, and medical services. In 1949, the minimum rate for all sugar cane workers was at the level of $0.25 an hour for an eight-hour day. A survey of wage rates made in 1943, preliminary to t h e introduction of special rates under the Fair Labor Standards Act, of workers engaged in interstate commerce revealed that in St. Croix such workers earned an average of 30.8 cents an hour, the range varying with the industry concerned from 22.6 to 53.1 cents ; the corresponding figures for St. Thomas were 37.8, 29.0 and 58.3 cents. 3 Under the Hill Act, maximum hours are fixed at eight a day and 44 a week for the workers coming within its coverage. As is noted elsewhere, labour legislation in the Virgin Islands covering conditions of work is not extensive.* It does not appear, however, that in this small community serious problems arise as a result of this deficiency. Nevertheless, large classes of workers, for example, domestic servants, do not seem to "be covered by any protective legislation whatsoever. 1 2 Cf. Chapter VIII. A similar Act, the details of -which are not available at the time of writing, has 3recently been adopted by the municipality of St. Croix. U.S. Department of Labor : Wage, Hour and Public Contracts Division : Economic Report on Industries Operating in the Municipality of St. Thomas and St. John, Virgin Islands, and in the Municipality of St. Croix, Virgin Islands {Washington, July 1944). 4 Cf. Chapter VIII. WAGES, HOUES AND CONDITIONS OF WOEK FRENCH 205 TERRITORIES The following information and statistical data have been provided by the Government of France in respect of Guadeloupe and Martinique. 1 Guadeloupe Wages. A summary comparison of money wages paid in 1938 and as at 31 December 1948 in certain occupations is given in the following table : Type of undertaking Metal work . . . . Sugar factories and distilleries . . . . Building and Agriculture Type of worker Skilled worker General worker Rate 1938 1948 per hour Frs. 1 4.50 2.55 Frs. 1 64.45 38.50 4.80 2.55 65.45 38.50 4.30 2.55 82.80 41.25 15.00 10.50 20.90 16.25 308.00 308.00 369.60 325.40 tt Skilled worker General worker public . . . . Skilled worker Worker, 1st category General worker Male Female Cane-cutter Assistant cane-cutter ;> ,, per day ?» 1 In 1938 the U.S. dollar averaged about 35 frs. at the official clearing rate and about 32 frs. at the free market rate. In 1948 the corresponding averages were about 200 and 345 frs. Minimum wages are fixed by the Prefect after consultation with bipartite industrial committees. They have to be approved by the Minister of Labour and Social Security. This procedure is the result of the Ministerial Order of 30 March 1948. The regulations followed are similar to those in force in metropolitan France (adoption of a basic wage, classification of forms of employment, grading, equal pay for equal work as between men and women, special rates in regard to workers below the age of 18 and workers of sub-normal physical capacity). 1 Communication to the I.L.O. from the Ministry of Labour and Social Security, 17 Oct. 1949. 14 206 LABOUR POLICIES IN THE WEST INDIES An inter-Ministerial decision of 5 February 1949 indicated that the wage rates and principles laid down in the interMinisterial Orders of 31 December 1947 and 28 September 1948 would be applied in the Department with a reduction of 12 per cent, as from 1 February 1949. Working Hours. The regulations laid down in the Labour Code in relation to the duration of working hours are applicable in the Department. In accordance with the terms of the Decree of 30 March 1948, working hours are determined by Orders of the Prefect. The length of the working week is in general 40 hours. This is rarely exceeded except in regard to dockers, the employees of sugar and rum factories during the crop season (the duration of work is then 48 hours a week), building and public works. The working week in commercial establishments is rarely as much as 39 hours. The Bole of Collective Agreements in the Fixing of Wages and Conditions of Work. Wages are fixed by the competent authority after consultation with the committees mentioned above. They cannot, therefore, at the present time be fixed by collective agreements. The Law of 23 December 1946 is not yet applicable to the Department. Special Labour Conditions in the Plantations (Housing and Services Provided by the Employer). A large number of agricultural workers are provided with housing free of charge by the employer. Pood is not, in general, provided by the employer who, however, in certain areas often gives his workers free of charge certain products harvested on the property—for example, bananas. Agricultural workers often have the possibility of raising a few cattle on the property of the employer for their own benefit. Holiday with Pay. Metropolitan legislation in regard to holidays with pay is applicable in the Department in respect of industry, commerce and the liberal professions, and is observed in practice. WAGES, HOUES AND CONDITIONS OP WORK 207 Although agricultural workers in Guadeloupe do not have the right to a paid holiday, employers and wage earners, in the course of a meeting held in February 1949 agreed that, while awaiting the extension of the provisions in force in metropolitan France in respect of paid holidays in agriculture, workers in this occupation should be given a period of leave similar to that which similar workers received in the métropole. Holidays with pay were therefore granted agricultural workers in Guadeloupe as from 1949. Time-work and Piece-worlc. As in metropolitan France, workers in industry are, in general, paid by time. This practice is, on the other hand, relatively little used in agriculture, where most work is given out by the task or by the piece. Martinique Wage Bates. The following table shows the change in the level of money wages between 1939 and 1948. Occupation Type of worker Rate Agriculture. . Cane-cutter Commerce . . Public works . Employees Unskilled labourer Task of 20 heaps of 25 packets of 10 1-metre sections Per month 1 Per hour 1939 1948 Frs. ' Frs. ' 30 300-1,200 523.80 6,000-12,000 2.50 30-60 See footnote to table on p. 205. Principles of Wage Regulation. Before 1939, wage rates were regulated in the same way as in metropolitan France. From 1939 to 1948 wage rates were fixed by the local administration after consultation with a tripartite wages commission. Since 1 November 1948 wages have been again fixed on the same basis as in metropolitan France. Martinique has been attached to a metropolitan wage zone with a minus differential 208 LABOUR POLICIES IN THE WEST INDIES of 12 per cent, (as from 1 February 1949) on t h e rates prevailing in the Paris zone. Hours of Work. Hours of work in Martinique are regulated by the Decrees applying the Law of 21 June 1936 regarding the 40-hour week. In practice, commercial establishments have a 40-48 hour week, all hours worked in excess of a 40-hour week falling under the terms of the legislation concerning extra hours of work. Special Working Conditions on Plantations. In general agricultural workers benefit from payment in kind (housing, gardens, pasture rights). Some employers provide living accommodation for workers whose presence is indispensable for the supervision and maintenance of the plantations. Annual Holidays with Pay. The system of annual holidays with pay in force in Martinique is the same as that of metropolitan France as applied since 30 March 1948 by the extension of the metropolitan labour code to the West Indian Departments. Taslc and Time Employment. In general, remuneration in industrial and commercial establishments is on an hourly or monthly basis. On the other hand, task work is the prevalent method of remuneration in agriculture. NETHERLANDS TERRITORIES The following table summarises the most recent information available in regard to wage levels in Surinam. The information provided to the United Nations by the Netherlands Government pursuant to Article 73 of the Charter states that the daily wages of employees in 1946 averaged 2.60 guilders. In 1938, average daily wage rates were between 0.60 and 0.75 guilder. The increase in 1946 therefore was of the order of some 250 per cent. I t should be noted that the cost-of-living index in 1946 was about 300, taking 1939 as the basic year ; in December 1948, the price index of local foodstuffs was 340 and of imported foodstuffs 274. WAGES, HOUES AND CONDITIONS OF WOBK Industry or occupation Number of undertakings Number of labourers employed Skilled 209 Wages per week Unskilled Surinam guilders ' Metal trade . . . . Wood manufacturing Catering Leather Pood processing . . Rice husking . . . . Bricks Clothing Bauxite Match making . . . Shipbuilding . . . . 27 54 16 60 41 90 2 72 3 1 6 96 279 78 132 144 93 5 87 575 19 39 94 444 208 117 167 75 34 76 1,072 32 22 0.75 0.75 6.25 3.00 4.00 1.00 5.10 1.00 6.70 3.00 4.00 39.00 27.00 43.80 35.00 28.00 17.50 36.00 18.00 65.96 44.40 37.50 Source : Government of Surinam statistics communicated by the Netherlands Government. 1 Since 29 September 1949, 1.88 Surinam guilders = 7s. Sterling = U.S. $1.00. Wage levels in the Netherlands Antilles are largely determined by the wage policy of the oil refineries. This wage policy is based on the application of a certain formula in which the cost of living is taken into account. This means that the wage level in these islands increases with the same percentage as the prices of the imports. In 1946 the usual hourly wages paid by the petroleum company of Curaçao were as follows x : Helpers Unskilled labourers Skilled labourers, second class Skilled labourers, first class Guilders 0.79 0.65-0.80 0.78-1.00 0.88-1.23 Average hourly wages in 1947 were : Steel and building Phosphate mines Ports and docks 0.66-0.77 0.88 1.25 In 1949, hourly wage rates of workers in the oil industry ranged from 0.85 to 2.10 guilders ; for longshoremen, the corresponding figure was 1.40. Wages in Aruba are slightly higher than in Curaçao, cost of living there being always slightly higher. The following table summarises information available regarding prevailing hours of work in different industries in Surinam. 1 Communication from the Department of Labour and Social Affairs, Curaçao. 210 LABOUR POLICIES IN THE WEST INDIES Industry or occupation Metal trade . . Wood manufacturing Catering . . . Less 8 than 8 hours hours per per day day 8% hours per day 9 hours per day 5 2 12 7 Food processing 6 3 22 5 22 4 6 2 Clothing 38 8 3 6 7 1 7 14 3 15 8 1 11 1 . . . Match making. Shipbuilding. . 4 1 1 2 2 9y2 hours per day More 10 hours than 10 per hours day per day 1 2 1 5 3 27 1 1 8 9 1 2 2 5 1 1 8 2 Total number of undertakings 64 16 60 41 2 72 3 1 6 Source : Government of Surinam statistics communicated by the Netherlands Government. Surinam legislation provides for an 8 %-hour working day and a 48-hour working week for undertakings. After five hours of work an interval period of half an hour is provided. Hospitals and Government services are included in the coverage of this legislation. In the case of overtime, provided authorisation has been given for it by the competent authority, a maximum of a 64-hour week is permitted. Watchmen have a maximum of 12 hours a day and 84 hours a week. An annual paid holiday of six days after one year of continuous service is granted. For every year of service in addition to the first year one extra day is granted up to a maximum of 12 days altogether. Outworkers, seafarers and children of the employer living with him are exempted from this rule. Netherlands Antilles legislation on hours of work is limited to office workers and shop assistants. For shop assistants the normal working hours are ten a day and 56 a week. Office workers have a maximum of eight hours a day and 46 a week. For the petroleum industry a normal working day of eight hours has been accepted. In 1949, the average work week in the oil industry was 45 hours and for longshoremen 52 hours. Provision for one week's annual holiday with pay at the employer's expense, which may be accumulated over four years, is made for all the wage earners in the Netherlands Antilles. The system of holidays with pay which is now in force in the Curaçao Petroleum Company is as follows : WAGES, HOUES AND CONDITIONS OF WOEE 211 Local workers, paid by the month, are granted a fortnight's leave with pay in Curaçao after each year of employment for the first three years and four weeks after the fourth year. If paid by the hour and week, they only have one week's local leave with pay after each year of employment for the first three years and four weeks after the fourth year. Local workers travelling on leave are not paid their fares by the Company. Non-local workers under contract who are paid by the month have a fortnight's local leave with pay after each year of employment for the first three years and six weeks' leave, excluding travelling time, with pay, to the country from which they came after the fourth year, fares being paid by the Company for the whole family including children up to 18 years of age. STon-local workers under contract who are paid by the hour and week only have one week's local leave with pay after each year of employment for the first three years, but six weeks' leave, on the same terms as non-local workers paid by the month, after the fourth year. Portuguese workers under contract are granted leave on the same terms as other non-local workers except that after the fourth year of employment they have three months' home leave including travelling time with pay for six weeks. CHAPTER VI WOMEN, CHILDREN AND YOUNG PERSONS The problems attendant upon the employment of women, children and young persons in the West Indies are naturally conditioned by standards of living, remuneration and education and by the prevailing forms of family life. On the one hand, a meagre family income leads to the utilisation of the labour of the family's younger members to supplement that income ; on the other, since women are relatively often the breadwinners and heads of families, their employment is more widespread than is normally the case in many other countries. In the British territories the woman is very often the family breadwinner, the percentage of illegitimacy being sometimes as high as 70 per cent. The term " illegitimacy " in this context, however, covers two clearly demarcated sets of social practices. At the one end of the scale, there may be permanent cohabitation between the unmarried which " leads to a home life and the establishment of a family group which is little different from the married state " 1 ; at the other, irregular unions which may be broken off either after a short period or even after the birth of two or three children, or promiscuity without birth control. Although there is legislation requiring fathers to support such children, its enforcement is inadequate and in some cases impossible, especially where fathers are only intermittently employed at low earnings. Further, the mothers concerned are often unwilling to have the law applied, since, under some legislation, imprisonment is the ultimate, and in practice often the only sanction. The situation in rural Puerto Eico may be inferred from the results of a detailed health and socio-economic study made of a typical sugar cane plantation in 1936— Consensual marriages constitute 26.6 per cent, of the total population of fifteen years or over and 46.6 per cent, of all married 1 West India Royal Commission : Report (London, H.M. Stationery Office, 1945) p. 220. WOMEN, CHILDREN AND YOUNG PERSONS 213 persons. Almost five out of every ten marriages were consensual, three were church marriages, and two civil marriages. Of all children below fifteen years, 43.5 per cent, were illegitimates. Among children below one year of age, illegitimacy was 58.2 per cent., and among children from one to four years of age, 52.2 per cent.1 A further study made of the same community in 1940 revealed the following situation. Over three fifths of the population of marriageable age (15 years or more) were married. Among the married persons, 56.4 per cent, were civil or church marriages and 43.3 per cent, were consensually married. The percentage of illegitimacy among children less than 15 years was 42.4 per cent. 2 In the Netherlands Antilles in 1944, 1,090 of 4,279 children born during the year were illegitimate, approximately 25.5 per cent. Figures available for the French West Indian territories are unfortunately incomplete, but suggest that the illegitimacy rate is over 50 per cent. A summary of labour legislation specifically framed for the protection of women, children and young persons, together with legislation of a general character applicable to these categories, is provided in Chapter VIII. Supplementary comment is, however, required on the terms of this legislation and on its practical application. CHILDREN AND YOUNG PERSONS Minimum Age and Extent of Employment British West Indian legislation in regard to employment of children and young persons primarily comprises restrictions on the age at which they may be engaged in general employment, employment at sea, in industry, as trimmers or stokers, or as migrant workers, and prohibition of their employment in specified occupations ; in some territories provision is made for compulsory examination for the employment at sea of young persons under 18 years. 3 The standards set are in 1 Quoted by Minimum Wage Board, Puerto Rico, 1942 : The Sugar Cane Industry in Puerto Rico (San Juan, P.R., 1943), p. 141. 2 Ibid., p. 143. 3 Cf. Chapter VIII, p. 14. 214 LABOTJB POLICIES IN THE WEST INDIES large part based on international labour Conventions ratified by the United Kingdom Government. 1 The one group of provisions of extensive practical importance is the minimum age set for general employment and the exceptions thereunder permissible : employment in industrial undertakings and other forms of employment for which special minima are set is in the territories under consideration relatively insignificant. The characteristics of the most advanced British Caribbean legislation in this regard are to be found in the terms of the Grenadian law. It provides that no child may be employed in any undertaking or work whatsoever whether industrial or otherwise— (a) so long as he is under the age of fourteen years ; or (b) before the close of school hours on any day on which he is required to attend school ; or (e) before six o'clock in the morning or after eight o'clock in the evening on any day ; or (d) for more than two hours on any day on which he is required to attend school ; or (e) for more than two hours on any Sunday ; or (f) to lift, carry, or move anything so heavy as to be likely to cause injury to him ; or (g) in any occupation likely to be injurious to his health or education. Notwithstanding these requirements, the Governor-inCouncil is empowered to make regulations with respect to the employment of children— (a) authorising the employment of children under the age of fourteen years by their parents or guardians on light agricultural or horticultural work on their family land or garden ; (b) prohibiting absolutely the employment of children in any specified occupation ; (c) prescribing— (i) the age below which children are not to be employed ; (ii) the number of hours in each day or in each week for which they may be employed ; (iii) the intervals to be allowed to them for meals and rest ; (iv) the holidays or half-holidays to be allowed to them ; {v) any other conditions to be observed in relation to their employment.2 1 Cf. International Labour Conference, 29th Session (Montreal, 1946), Report IV (1) : Proposed International Labour Obligations in respect of Non-Self-Governing Territories (Montreal, I.L.O., 1946), pp. 103 ei seq. 2 The Employment of Women, Young Persons and Children (Amendment) Ordinance, 1945, No. 9 of 1945. WOMEN, CHILDREN AND YOUNG PERSONS 215 With the exception of other territories in the Windward Island group, the legislation of all other British West Indian dependencies is less stringent in its requirements, 12 being the most usual general minimum age. In the United States Virgin Islands it is illegal to employ a child of compulsory school attendance age (six to 15 years) during school hours, and the employment of juveniles in hazardous occupations is prohibited in St. Thomas. These are, however, the sole restrictions on child labour. Although the Fair Labor Standards Act is applied in other respects to the Virgin Islands, the wording of its child labour provisions has permitted the exclusion of these islands from their scope. Puerto Eican legislation, in addition to a number of more specialised provisions, sets a general minimum age of 16, one exception being permissible ; minors aged 14 to 16 may be employed outside class hours and during school vacations, but n o t in a factory or a n y occupation prohibited b y law. I n t h e case of minors under 18 attending school and working after school hours, the total number of school and working hours is not to exceed eight. Minors aged 14 to 18 may not be employed without an employment certificate or special permit from the Child Bureau of the Department of Labor. The following table shows the number of permits issued from July 1941 to June 1943, but the relatively small number in the circumstances cannot purport to be an index of the employment of minors of the ages stated : AGE CERTIFICATES AND PERMITS ISSUED 1941-1942 AND 1942-1943 Age certificates and permits 1941-1942 1942-1943 Increase or decrease Totals Special permits (14-15 years) . . Regular permits (16-17 years) . . Over-age certificates (18-21 years) 1,559 244 1,062 253 1,635 148 767 540 180 + 76 — 96 — 295 + 287 + 180 Source : Annual Report of the Commissioner o¡ Labor [or the Fiscal Year ended June 30, 1943 (1944, San Juan, P.R.). The highest number of permits were issued to minors working in diamond and jewel factories, followed by minors 216 LABOUR POLICIES IN THE WEST INDIES working in street trades and minors in the needlework industry. During the fiscal year 1946-1947, the total number of age certificates and permits issued was 4,239 and for the year 1947-1948, 4,539. Puerto Eico was designated in 1940 as a State whose employment and age certificates would be accepted as proof of age under the Federal Fair Labor Standards Act, and the child labour provisions of the Act are therefore administered through the agency of the Puerto Eican Department of Labor. In the Netherlands Antilles the employment of children under the age of 13 is prohibited ; in Surinam school attendance is compulsory up to the age of 12. These are the only legislative restrictions in the Netherlands territories in regard to the employment of children and young persons. In its annual reports on the application of international labour Conventions to the Netherlands Antilles, the Netherlands Government has stated that the absence of legislation covering such questions as the prohibition of the employment of young persons on night work is due to the fact that, in practice, no such employment occurs. As is noted in Chapter VIII, legislation in regard to the employment of children and young persons in the French West Indian Departments of Martinique, Guadeloupe and Guiana is of an advanced character, following closely for the most part the legislation of metropolitan France, and fulfilling the requirements of almost all the international labour Conventions in this field. This legislation does not, however, cover agriculture. Statistical evidence illustrating the extent of the employment of children and young persons is scanty, but the general picture seems clear. Assistance by children to the family breadwinners is frequent : in the sugar industry in Jamaica, " some workers are assisted by children who work without pay " * ; in Puerto Eico, " both the growing and preparation of tobacco gives employment to large numbers of laborers of all ages and both sexes " 2, and " employment of young children in industrial homework occupations is frequent, but effective supervision of this child-labor evil has not been attainable." s 1 U.S. Department of Labor, Bureau of Labor Statistics : Monthly Labor Review, June 1945, Vol. 60, No. 6, p. 1247. a 3 ZIMMERMAN : op. cit., -p. 232. U.S. Department of Labor, Wage and Hour Division : Report on Puerto Rico : The Needlework Industry, 1940, p. 32. WOMEN, CHXLDEBN AND YOUNG PERSONS 217 Examples could be multiplied indefinitely. A 1945 statement of the Government of Barbados provides the following information on the employment of children on sugar estates : Enquiries have been made of 290 estates and replies have been received from 271 of these. The replies indicate that there are employed on estates eight children under the 1 age of twelve and 400 between the ages of twelve and fourteen. As regards application, it is well known that in highly developed countries child labour laws are among those most commonly evaded, particularly if control is not supplemented under school attendance laws. Where, as in the Caribbean, general social conditions and administrative facilities militate against strict enforcement, it is to be expected that the difference between law and practice may be considerable. The West India Royal Commission made the following statement in regard to the British territories in 1939 : Evidence which we heard in the West Indies leaves us in no doubt that children under the legal age of employment are in fact employed from time to time in both agriculture and industry. We strongly deprecate this practice and recommend that everywhere the employment of children under the age of fourteen years should be prohibited and that stringent penalties should be inflicted for infringement of this prohibition, the sole exception to which should be employment on work or in an undertaking shared only by members of the same family.2 The 1945 Barbados statement given above continues— Enquiries are being made of the circumstances in which the eight children under twelve are employed, but the Government has no information which indicates the desirability of introducing legislation to prevent the employment of children between the ages of twelve and fourteen on sugar estates. The employment of Women, Young Persons and Children Act, 1938, governs the employment of children in industrial undertakings and, as far as the Government is aware, this Act is not infringed. This statement was severely criticised in the House of Assembly. A number of speakers considered that the employment of child labour was much more widespread than the returns from the estates indicated, that such employment was largely the result of the low wages paid to the children's parents and to lack of adequate educational facilities, and that it would be unfair to penalise parents in the event of their 1 2 Barbados Advocate, 22 F e b . 1945. Cf. Report, op. cit., p . 210. 218 LABOUR POLICIES IN TH3 WEST INDIES children not attending school unless their economic position were improved. In 1949, an encuiry undertaken by the Government of Trinidad into allegations of widespread employment of children on sugar estates indicated that the situation was not as serious as had been alleged. It was the custom of employers to require birth certificates to show that an applicant for work was over 12 years of age (the legal minimum in Trinidad), but evidence showed that the certificate of a child over 12 was used to obtain employment by or on behalf of children under the minimum age. I n a memorandum to the 1949 Trinidad Sugar Industry Commission, the Trinidad Trades Union Council urged raising the minimum age of employment to 15, the establishment of an active inspectorate and the imposition of heavy penalties for breach of the law. In the British territories the exceptions permitted by law to the minimum ages set for the employment of children are considerable, and such employment may, therefore, in many cases not be illegal. In Puerto Eico, legal restrictions on child labour are more stringent, but the practical difficulties of the general social situation common to the West Indian territories mean that in Puerto Eico the difference between law and practice tends to be wider. Two particular factors are of marked influence in this regard. In the first place— . . . about 45 per cent, of Puerto Eican children cannot go to school because of the lack of facilities and a great many others are out of school because of the poverty of their parents and their inability to buy clothes and school books ; a great proportion of the children of the island are without educational or recreational facilities.1 Secondly, in some occupations, in particular agriculture, industrial homework and street trades—traditionally child labour spheres—inspection and law enforcement are rendered extremely difficult by the character of the occupation itself. Eeports of the Child Bureau of the Puerto Eican Department of Labor underline the human and economic implications as well as the practical difficulties of enforcement of a high standard of child labour legislation in the social context of the West Indies. The report for the year 1947-1948, for example, indicates that policy was directed not only to secure compliance 1 Investigation of Political, Economic and Social Conditions in Puerto Rico, H. Res. 159, Part 19, of. cit., p. 1840. WOMEN, CHILDREN AND YOUNG PERSONS 219 with the legislation stipulating that permits be obtained but also to dissuade minors from working ; to persuade parents, where financial circumstances permitted, to send the children concerned to school in preference to allowing them to work and through social work to assist the homes of child workers so that such children were given the opportunity of attending school. The extent to which child labour is employed in Puerto Eico without the supervision afforded by the system of working permits and despite the existence of an inspection service far in advance of other West Indian territories is illustrated by the fact that, of 94 industrial accidents incurred by underage workers in 1947-1948, only in 21 instances were the workers concerned covered by legal permits. Information available in regard to Guadeloupe suggests the existence of similar problems in the French West Indies. The regulations relating to compulsory elementary education and fixing the age in this respect at 14 result in preventing the employment of young children in (agriculture) during school hours. If children below the age of 14 are sometimes to be found employed in agriculture as wage earners, this is often due to the fact that there is no room in the schools. Apprenticeship The absence of adequate apprenticeship and vocational training arrangements has frequently been cited as a major problem in the West Indies. The Labour Adviser to the British Secretary of State for the Colonies emphasised in 1939 the necessity of improved facilities both during school years and the years immediately following for providing young people in the British West Indies— . . . not merely with abstract instruction or even technical training but with a well-considered plan which will provide them with a salutary discipline and true 1education, and a future to which they can look forward hopefully. The aim thus defined is one primarily within the sphere of competence of educational authorities. The limited character of legal provision in this regard, except in the French West Indian Departments, is noted elsewhere.2 A summary of a 1 a Labour Conditions in the West Indies, op. cit., p. 42. Cf. below, Chapter VIH. 220 LABOtlE POLICIES IN THE WEST INDIES 1943 report on apprenticeship problems in Jamaica indicates the significance of the whole question in the West Indies, even though the report's recommendations have not so far been fully implemented. An Apprenticeship Committee was appointed by the Governor of Jamaica in October 1942, its terms of reference being to enquire into the wage rates, earnings, hours of labour and working conditions generally of male and female apprentices and learners and other juveniles employed in industrial and technical occupations, and to advise, after consultation with representatives of employers and workers in the various trades concerned, as to the possibility of establishing by voluntary agreement or otherwise : (i) uniform conditions of apprenticeship and learnership ; (ii) minimum or standard rates of payment ; (iii) arrangements for the continued education and technical training of apprentices and learners. The Committee interpreted its terms of reference as entirely excluding agriculture ; it also decided that young people in domestic service and learners in professional or semi-professional occupations were not within its sphere of enquiry, but that, where appropriate, comments and recommendations relevant to these groups might be embodied in its report. According to the Committee's findings, both the law and the practice of apprenticeship in Jamaica are unsatisfactory. The existing apprenticeship law x is described as being for all practical purposes obsolete. The evidence examined by the Committee revealed that the establishments in which reasonable efforts were made to maintain a systematic scheme of apprenticeship employed less than 50 per cent, of the total number of apprentices included in the scope of the enquiry. Only in a few occupations and industries was there a regular system of female apprenticeship. The records of the Labour Department, which were made available for the Committee's work, showed a very high ratio of apprentices to skilled workers in some industries ; there were, for example, as many apprentices as skilled workers among auto-mechanics, while in cabinet-making, 166 apprentices and 183 skilled workers were enumerated. Wage rates payable to apprentices in the 1 Law No. 3 of 1881 (Cap. 388 of 1939 Edition of Laws). A Bill was, however, introduced in 1951 to replace existing apprenticeship legislation (cf. Chapter VIII below). WOMEN, CHILDREN AND YOUNG PERSONS 221 same trade and in the same year of training were widely variable. The Committee strongly condemned the so-called " volunteer system ", made possible by the over-stocked labour market and used to exploit juvenile labour to the detriment of skilled labour ; practices noted under this head include unduly long probationary periods during which apprentices are called upon to do a considerable amount of work which should be done by fully qualified workmen, and the employment of typists, stenographers, and trainees from commercial schools who work for several months with no pay or at very meagre rates with the doubtful prospect of receiving permanent employment. The unsatisfactory characteristics of the present situation, particularly in the light of the high proportion of apprentices to skilled workers, were summarised as— (i) the lack, in most cases, of any system of training or well-defined conditions of employment ; (ii) lack of co-ordination with the training afforded by technical and vocational schools. Little or no regard is paid to the basic educational qualifications of apprentices or learners, with the result that they are frequently not sufficiently equipped to derive the maximum benefit from the practical training ; (iii) some employers merely exploit juveniles by utilising so-called apprentices as a means of securing cheap labour ; (iv) some parents and guardians are more concerned about the prospect of immediately increasing the family income than in a career for the boys and girls whom they seek to place under apprenticeship or learnership ; (v) owing to disadvantages outlined in (i) to (iv) above, apprentices and learners make efforts to increase their earnings by shifting from one employment to another or by opening up businesses on their own in a small way before completing training ; (vi) as there is no regulation requiring the certification of apprentice and master, these half-trained apprentices and incompetent young workers who set themselves up as " masters " are also at liberty to employ " apprentices ". The recommendations with which the report concludes propose fundamental changes in existing apprenticeship 15 222 LABOUfi POLICIES IN THE WEST INDIES conditions. It is recommended that the existing apprenticeship law should be repealed and replaced by a new law drafted in the light of present-day requirements and covering the measures applicable generally to apprenticeship in all industries ; such a law should be framed in accordance with the Committee's other recommendations. The new law should include provision for the establishment of an Apprenticeship Board in which would be vested responsibility for the administration of the law ; this Board should comprise three representatives of workers, three representatives of employers and one representative from each of the following : the Education Department, the Labour Department, and the Social Welfare agencies. The determinations of the Board, after approval by the Governor in Privy Council, should immediately acquire the force of law. The Education Department, the Labour Department, trade unions and employers should co-operate to set up vocational guidance committees throughout the island and to improve the arrangements governing the selection and recruitment of apprentices. The minimum commencing age for apprentices should be fifteen years. Probation periods should be prescribed, after consultation with representatives of workers and employers in the trade concerned, in regulations under the proposed apprenticeship law. After similar consultation, the Board should be empowered to fix the period of apprenticeship for each occupation. Particulars of every apprenticeship and learnership entered into should be registered with the Board. The practice of premium apprenticeship should be rigidly controlled by the Board to prevent abuse. In collaboration with existing trade or minimum wage boards, or after consultation with the relevant employers' and workers' representatives, the Apprenticeship Board should assume the responsibility for determining minimum wage rates and controlling hours of work ; the regulations it frames should include provision for annual holidays with pay, sick leave and study leave for apprentices. Only employers duly approved by the Board should be allowed to indenture apprentices. The ratio of apprentices to skilled workers should be supervised with due regard to the future needs and absorptive capacity of the respective industries. Special Government welfare officers, attached to the Labour Department, should be empowered to enter premises where apprentices or learners are employed for the WOMEN, CHILDREN AND YOUNG PERSONS 223 purpose of enquiring into and reporting on the general conditions under which the trainees are required to work. The Committee also made detailed recommendations in regard to systems of training and the provision of scholarships for vocational and technical training. 1 With the introduction of the Apprenticeship Act of 1947 2 there was increased interest and activity in regard to apprenticeship in Puerto Eico. During the year July 1947-June 1948 there were the following developments. An Apprenticeship Division was established in the Department of Labor to enforce the Act and the Rules and Regulations adopted by the Apprenticeship Council. It secured the services of a representative of the Federal Apprenticeship Bureau (of the United States) to assist in its organisation. During the period nine apprenticeship programmes for the training of apprentices in the trades of cabinet-maker, photo engraver, terrazzo worker and diamond worker were approved and registered ; training work schedules of eight apprenticeable trades were worked out ; a number of apprenticeship programmes previously registered and supervised by the Federal Apprenticeship Bureau were taken over and 288 apprenticeship agreements were approved and registered. Part of the Apprenticeship Division's duties is to promote knowledge of and interest in the general apprenticeship scheme with which the new Act is concerned. The Division has a great task confronting it in the education of both management and labor to make them apprenticeship minded. The need for skilled labor in Puerto Eico is growing. An intensification of the apprenticeship program ; a co-ordination with the Federal Wage and Hour Division and Insular Minimum Wage Board regarding the establishment of apprenticeship and other on-the-job programs ; the establishment of related instruction classes for apprentices by the Insular Board for Vocational Education ; . . . a study of the possibilities of establishing area and individual apprenticeship programs in the building trades, needlework industry and in factories owned by the Puerto Eico Industrial Development Company— these are some of the steps which the Apprenticeship Division of the Department of Labor can take to contribute its share in the3 training of the skilled workers which Puerto Eico sorely needs. 1 Report of the Apprenticeship Committee, December, 1943 (Kingston, 1944). Cf. Chapter VIII, p. 33. 3 Annual Report of the Commissioner of Labor . . . for the Fiscal Year ended 30 June 1948 (San Juan, P.B., 1949). 2 224 LABOUR, POLICIES IN THE WEST INDIES Institutional Training Under the aegis of the Caribbean Commission, some attention has been given to training questions on a regional basis in the Caribbean area. As a result of a recommendation made at the third session of the West Indian Conference, a number of scholarships in industrial arts, tenable at the Metropolitan Vocational School in Puerto Eico, were awarded to students from other territories in the Caribbean area. This programme has now been expanded and financial grants for living expenses as well as free tuition are now available under the United States Technical Co-operation Program at the Metropolitan Vocational School. The subject of vocational training is also to be a principal item on the agenda of the fifth session of the West Indian Conference, to be held in 1952. Among the British territories in the area, measures have been formulated for a common programme by the British West Indian Development and Welfare Organisation which has studied these problems on a common basis for the British territories. Lack of progress in the development of technical education in these territories has been attributed by the Organisation to the following causes : (1) the strained economy of the islands ; (2) the prohibitive cost of all major building projects and the substantial expenditure required to provide adequate machinery and equipment for technical institutes ; (3) the difficulty of recruiting in England or elsewhere suitably qualified staff which West Indian Governments can afford to pay ; (4) the difficulty of selecting suitable local candidates for technical training owing to the restricted opportunities for training in the basic skills in the vast majority of the schools ; and (5) the high recurrent costs required to maintain a technical institute. I t has been proposed that these difficulties might be met by : (1) the development of a regional centre for technical education at the new Technical Institute in British Guiana ; (2) providing training for teachers who show an interest in and aptitude for technical training by means of a series of short courses ; (3) awarding a large number of scholarships under the West Indies and Empire Training Schemes to students and selected craftsmen who wish to train as technical instructors ; and (4) by inviting the British Council to send on tour to the West Indies good WOMEN, CHILDREN AND YOUNG PERSONS 225 craftsmen and technicians capable of demonstrating the skill required to produce work of high standards of craftsmanship. The following information summarises the present position in regard to vocational and pre-vocational training facilities in the individual territories. I n the Bahamas, prominence has been given by the Board of Education, which is responsible for general education administration in the territory, to agricultural training, and this has become an outstanding feature of education in the Bahamas. Sewing lessons for girl pupils are given in most schools and two centres for cooking classes for girls and two for woodwork classes for boys have been established in Nassau. A technical school was opened in 1949 and a training school in 1950. The Dundas Civic Centre, established in 1930, acts as a training school for domestic servants. No apprenticeship arrangements exist. There are no technical schools in Barbados, but some technical training is provided by the Board of Industrial Training under the Apprenticeship Bursaries Act, 1928. Under this arrangement, training is confined to placing apprentices under master workmen who provide them with a five-year course and present them for examination at the end of each year. Between 1929 and 1948, 232 apprentices completed their training in this way. Cooking classes, laundry work and general housewifery are carried out in most of the girls' schools, and in some of these schools senior girls are given three-year courses in general domestic science. Evening classes in commercial and certain technical subjects are offered by the Barbados Evening Institute, which is under the administration of the Department of Education. The entire system of vocational education has been reviewed by a local committee and recommendations have been submitted for a more advanced form of technical and vocational education. A Trades Centre for Youths in Georgetown, British Guiana, established in 1931, gives young people of 16 to 18 years of age an intensive course of training in woodwork, elementary technical drawing and related subjects on the lines of a Junior Technical School in England. The Carnegie Trade School for Women, established in 1933, now provides two-year courses in housecraft. I n September 1951, the British Guiana Technical School was opened with workshops for wood and 226 LABOUR POLICIES IN THE WEST INDIES metal work machinists, fitters, sheet and plate metal workers, welders, motor mechanics, motor painters, cabinet-makers, carpenters and joiners, blacksmiths and plumbers and electrical installation work. A building school will also operate in conjunction with the institute. It is estimated that 760 trade trainees and 500 technical students can be enrolled annually at the institute. Industrial development, including the mechanisation of the sugar industry, has led a number of private undertakings to provide training facilities for their employees. In British Honduras, apprentices are trained in the following Government Departments : Electricity and Telephone, Public Works, Survey. At a handicrafts centre in Belize, training is given in such local industries as carpentry, basketmaking and mat-making. The teaching of agriculture is encouraged in rural schools by free grants of tools. A technical high school has beea. completed, but up until a relatively recent date, no equipment or plant had reached British Honduras to permit its effective functioning to begin. Considerable efforts have been made in Jamaica to encourage rural vocational education as an alternative to academic education in the post-primary stage. Four practical training centres have been established in the past decade for this purpose, three of which are for boys and one for girls. The boys' centres concentrate on agriculture but also give preliminary training in various trades. The girls' centre is primarily devoted to home-making with emphasis on home economics, dress-making and dairying. Opportunity is given to outstanding students to proceed to higher standards of agricultural or vocational education, for example, to the Jamaica School of Agriculture or the Kingston Technical School. About 1,800 students attend the Kingston Technical School, where day and evening instruction is given in engineering, building construction, domestic science and commercial subjects. This school is now considered as quite inadequate for the purposes and community it is designed to serve, but through lack of funds it has not yet been possible either to replace or to extend it. ~8o organised system of vocational training and apprenticeship so far exists in Antigua, Nevis, Montserrat and the British Virgin Islands, but there is a limited vocational training WOMEN, CHTLDBEN AND YOUNG PERSONS 227 scheme in St. Kitts, where the Basseterre Sugar Factory employs 46 apprentices. Domestic science is taught in a girls' high school in St. Kitts and in some of the elementary schools in St. Kitts and ÏTevis. An agricultural course is provided in the secondary school in the British "Virgin Islands. In Trinidad, technical and commercial education is administered by a Board of Industrial Training, a statutory body in receipt of Government grants. The Board maintains a junior technical school (full time) at San Fernando and in addition conducts theoretical and practical evening classes at Port of Spain, San Fernando and on the oilfields. The Board is also charged with the duty of approving apprenticeship indentures and maintaining a register of apprentices. At the end of 1949, 534 registered apprentices and approximately 2,500 other students were attending the Board's classes. There are eight handicrafts centres for boys in Trinidad and five in Tobago ; there are also 18 domestic science centres, of which 13 are in Trinidad and five in Tobago. A number of the oilfields' companies have established trade schools to provide vocational training facilities for their own use. A new Government technical school was expected to be opened in 1951. In Dominica and St. Lucia, no organised system of vocational training and apprenticeship exists. In St. Vincent, a Manual Training Centre, the aim of which is to provide prevocational training to pupils between the ages of 11 and 15, is attached to the senior department of the Georgetown Primary School ; about 100 pupils each receive four hours instruction a week in woodwork, bookcraft and basket making. A scheme for the training of agricultural apprentices was established by Government at the Camden Park Experimental Station in 1946 ; training extends over a two-year period and in the second year students are taught to operate holdings of from two to five acres on a system of mixed farming. In Grenada, there is a Vocational Training Evening Institute in St. George's, with an enrolment of over 200 students, young persons as well as adults. Classes include handicrafts, carpentry and tailoring as well as a number of commercial subjects and subjects in the field of home economics. Practical courses in commerce and industry are provided in the French West Indian Department of Guadeloupe at (a) a technical training college at Pointe-à-Pitre, (b) handi- 228 LABOUB, POLICIES IN THE WEST INDIES craft centres for girls attached to two girls' high schools, and (c) through handicraft and technical training classes included in supplementary courses for boys and girls under general education arrangements. The duration of study for all courses at the technical training college is three years. A system of apprenticeship was established by legislation enacted in 1928 which makes provision for Government supervision of the terms of apprenticeship contracts drawn up by the employers. In French Guiana, the Training Centre for Apprentices had, in 1947, an attendance of 110 student apprentices who were being trained in woodwork, ironwork and electricity. Certificates of technical proficiency are awarded on the completion of the regular course of instruction of three years. Vocational and industrial training in Martinique comprises (1) practical courses in commerce and industry ; (2) a school of applied arts ; and (3) a school of agriculture. The industrial course is designed for the training of skilled workers and includes the following occupations : fitting of machinery, blacksmithing, joinery and cabinet-making. Courses in electricity and refrigerating methods, inter alia, are planned. The school of applied arts is intended to train master craftsmen in such subjects as cabinet-making, sculpture, wood-turning, bookbinding, ceramics and needlework. The school of agriculture, established in 1940, is devoted to the training of technicians for farm management. In the Netherlands Antilles, the oil and petroleum companies at Curaçao and Aruba provide vocational training facilities and apprenticeship indentures of three or four years' duration for employees or prospective employees required for their operations. A handicraft school and two Eoman Catholic technical schools train pupils as carpenters, furniture makers, printers, tailors, mechanics, electricians and agriculturists. I n Surinam, a technical school provides facilities for the training of some 70 students, mainly as blacksmiths and in engineering. An agricultural school has recently been established with a practical bias, with emphasis on mechanical agriculture and including instruction in animal husbandry. Courses in domestic science are provided in two schools which specialise in this subject. Vocational education arrangements in Puerto Bico are among the most advanced to be found in non-metropolitan territories. The vocational education programme operates in WOMEN, CHILDREN AND YOUNG PERSONS 229 five principal fields : vocational agriculture, home economics, trades and industry, distributive occupations and occupational information and guidance. Vocational training in agriculture functions at three levels : instruction and farm practice in all-day classes ; adult classes and young-farmer classes; and teacher training activities designed to prepare individuals for teaching vocational agriculture as well as to increase the professional efficiency of teachers in service. Between 1931 and 1950, over 120,000 students have benefited from these courses. Vocational education in the field of home economics is provided largely through the schools, though provision is made as well for out-of-school groups and for extension of the programme into the homes of the community through home project and club work. Between 1932 and 1949, some 162,000 girls in schools received training in home economics as well as 32,000 adults through all-day, part-time or evening classes. The existing programme for trades and industry includes seven vocational trade schools with an enrolment of some 1,150 students in ten different trades. Active steps are being taken to expand facilities and at the end of the present sixyear plan of development, it is hoped to provide for the needs of an annual enrolment of 6,000. Between 1931 and 1950, about 41,000 students received their training in these schools. Eeference has been made above to the utilisation of the Puerto Eico Metropolitan Vocational School, which is claimed to be the largest of its kind in the world, to provide industrial training facilities for trainees from other parts of the Caribbean area. This school, which was formerly the School of Industrial Arts of the University of Puerto Eico, is administered now by the Department of Education. In October 1950, total enrolment was over 2,400 students, for whom 15 courses were provided. Training for the distributive trades is provided at the secondary school level in 34 centres and for the improvements of the skills of adults already in employment in 14 centres ; in 1950, nearly 3,000 students were enrolled in the first group of centres and approximately the same number in the second. The occupational information and guidance service is designed primarily to aid administrators and teachers to assist pupils to adjust themselves through counselling. In this field, 230 LABOUR POLICIES IN THE WEST INDIES there is close collaboration with the Government Departments concerned as well as private enterprise. Vocational education at the university level is provided by the College of Agriculture and Mechanic Arts of the University of Puerto Rico. In the United States Virgin Islands, the St. Thomas Evening School provides short-term courses in commercial subjects, home economics and related subjects, arts and crafts, and woodworking. At the Charlotte Amalie High School, a vocational education programme has been provided offering courses in electricity, woodworking, mechanical drawing and metalworking for boys and home economics for girls. It is expected that vocational education facilities in this territory will be considerably expanded in the near future since the United States Vocational Education Act of 1946 has recently been extended to the Virgin Islands and will provide considerable additional financial resources for this purpose. WOMEN Prohibited Employments Provision for the prohibition of the employment of women on night work in industry exists in the legislation of Barbados, Jamaica, the Leeward Islands, Trinidad and Tobago, the Windward Islands, British Guiana, British Honduras, Puerto Rico and the Departments of Martinique, Guadeloupe and Guiana. The exceptions allowed conform with general advanced practice. The fact that the employment of women underground is prohibited only in British Guiana, British Honduras and the French West Indian Departments is to be explained by the apparent absence in practice of such employment elsewhere. A general restriction is set in Puerto Rico on the hours of employment of women. In the French West Indies, in addition to provision for the prohibition of night work and underground work, legislative protection for women workers extends to special arrangements in regard to prospective mothers, nursing mothers and the general health and safety of women in employment, along the lines of the legislation of metropolitan France in this respect. In regard to the Netherlands territories, where there is no legislation regulating the employment of women under- WOMEN, CHILDEEN AND YOUNG PEESONS 231 ground or at night, the Netherlands Government has stated in its reports on the application of international labour Conventions to these territories that legislation is superfluous in view of the fact that no such employment exists. Maternity Protection Maternity protection provision is in force only in Puerto Eico and the Netherlands Antilles, although permissive legislation empowering the competent authority to issue regulations dealing with this question has been enacted in St. Lucia and Jamaica and maternity provision will be part of the new social security scheme of the French West Indies. In Puerto Eico, the number of maternity benefit claims made through the Women's Bureau of the Department of Labor rose from 18 in 1943-1944 to 238 in 1947-1948. The Bureau, which is responsible for the administration of the law, has stated the following to be among its major difficulties : ignorance of the law on the part of employers and workers ; inadequate medical services ; frequent discharge and often discrimination against pregnant women ; and deficiencies in the law. Official opinion in Puerto Eico considers that the law might be improved along the following lines. Maternity leave of absence should be for not less than six weeks before and two months after delivery ; the present provision is for four weeks' leave before and four weeks' leave after. Additional leave of absence up to a total of three months without pay should be permissible upon presentation of a doctor's certificate ; the additional period under present provisions is limited to four weeks. Unused sick leaves with pay should be accumulated and remuneration due should be payable at the beginning of leave. Extent of Employment A decision of the Supreme Court of Puerto Eico has laid down that the law is equally applicable to unmarried and married mothers. The employment of women in the British territories follows well-defined general patterns. The largest wage-earning groups are usually to be found engaged in domestic service 232 LABOUR POLICIES IN THE WEST INDIES and agricultural work, but women participate in almost all forms of employment, including heavy work— Women in the (British) West Indies are employed on . manual labour which would often seem to the onlooker unsuitable for women, besides demanding more than their physical strength justifies. For example, when unloading coal and sand barges, women are required to carry very heavy weights ; this form of work is particularly undesirable for people who are in a constant condition of child-bearing. A load of sand, which is carried in a basket from the hold of a ship to the dock on the head of a woman, may weigh as much as 72 lb. A load of coal may weigh 50 lb. 1 Women are also employed extensively in the distributive trades, in road-building and in industrial undertakings where such exist. They also furnish a substantial proportion of the teaching staffs of primary schools. Certain operations in agriculture are customarily recognised as the almost exclusive province of women, for example, weeding in the sugar industry and the weeding and supplying 2 of cotton. Statistical evidence in regard to Jamaica enables a more detailed analysis to be offered of the extent of the employment of women in that territory. At the time of the 1943 census, 2,860 women were classified as employers, 52,891 as selfemployed and 101,817 as wage earners ; these figures represent approximately 0.6 per cent., 11 per cent, and 21 per cent, of all females aged 10 years and over. The corresponding figures for men were 4 per cent., 25 per cent, and 41 per cent. The following tables 3 further clarify the situation : WOMEN G A I N F U L L Y O C C U P I E D , JAMAICA, SELECTED INDUSTRIES Industry Agriculture . . . . Personal service . . Manufacturing . . . Trade Construction . . . . Public administration Professional services 1 1943 : Percentage Number gainfully of gainfully employed employed in entire industry 45,102 68,462 25,776 22,825 3,576 2,099 6,233 20 87 43 57 13 19 63 West India Royal Commission : Report, op. cit., p. 219. Replanting where the first planting has b e e n unproductive. 8 Prepared by the International Labour Office on the basis of 1943 census returns. Percentages rounded. 2 WOMEN, CHILDREN AND YOUNG PERSONS 233 JAMAICA : COMPARATIVE REGULARITY OF EMPLOYMENT OP MALE AND FEMALE WAGE EARNERS Number of weeks worked 0 1- 9 10-19 20-29 30-39 40-49 50-52 . . . . . . . . . . Number of male wage earners Percentage of Number of female Percentage of wage earners wage earners wage earners 4,926 9,151 25,148 40,683 26,663 19,496 51,014 3,505 7,651 15,958 20,521 12,476 8,402 32,726 3.0 5.0 14.5 23.0 15.0 11.0 29.5 3 8 16 20 12 8 33 The concentration of employed women in personal service and agriculture is clearly illustrated ; domestic service comprehends the majority of those in the former category, and, significantly, women constitute one fifth of those gainfully employed in the agricultural industry. Of the 25,776 women classified under the manufacturing industry, some 19,500 are employed on textile, wood and paper products, which suggests that needlework accounts for a substantial proportion. EMPLOYMENT STATUS OF PUERTO RICAN POPULATION, 1 9 4 0 Male Total population Persons 14 years of age and over . In labor force Not in labor force In institutions Other and not reported . . . In the labor force Employed (except on public emergency work) Employed on public emergency work Seeking work Experienced workers . . . . New workers Employed (except on public emergency work) Wage or salary workers . . . . Employers and own - account workers Unpaid family workers . . . . 1 Census data. Female Number Per cent. Number Per cent. 938,280 576,409 457,630 118,779 6,361 112,418 457,630 100.0 79.4 20.6 1.1 19.5 100.0 930,957 578,066 144,360 433,706 2,603 431,103 144,360 100.0 25.0 75.0 0.5 74.5 100.0 383,914 83.9 128,300 88.9 23,253 50,463 35,928 14,537 5.1 11.0 7.8 3.2 847 15,213 10,903 4,310 0.6 10.5 7.6 3.0 383,914 284,896 100.0 74.2 128,300 83,519 100.0 65.1 83,557 15,461 21.8 4.0 42,189 2,592 32.9 2.0 — x 234 LABOUR POLICIES IN THE WEST INDIES In small numbers women are occupied even in fishing and forestry and more women than men are engaged in quarrying. There are only relatively insignificant differences in the overall picture of the regularity of employment for women as compared with men. The percentage of women in Puerto Eico classified as gainfully occupied at the time of the 1940 census is rather less than in Jamaica : 25 per cent, as compared with some 33 per cent. The Jamaican classification is the percentage of females over 10 and the Puerto Eican classification that of females over 14. The accompanying tables based on 1940 census returns provide further relevant data. Statistical evidence cited elsewhere in this study provides additional information of interest. 1 In 1939, of some 139,200 females classified as experienced persons in the labour force, approximately 37,000 were domestic service workers, 69,800 operatives and kindred workers, 9,000 clerical and sales R E G I S T R A N T S I N P U E R T O RICO U N E M P L O Y M E N T S U R V E Y B Y I N D U S T R Y OF USUAL OCCUPATION AND S E X Begistrations from, 15 July io 15 August 1943 Male Total Agriculture — total. Sugar CoSee Tobacco Other Construction — total Building Road Manufacturing — total . Needlework — factory Needlework — home . Rum Cigar Other Wholesale and retail t r a d e . . Domestic service Government service Other industries and services 1 No industry 2 155,711 95,988 50,545 5,537 4,088 35,818 43,094 10,955 32,139 1,471 — — 65 395 1,011 4,309 — 1,063 4,369 5,417 Female Females as percentage of t o t a l 50,660 1,566 260 85 768 453 24.5 1.6 0.5 1.5 15.8 1.2 — — — — — — 19,390 9,025 8,139 92.9 100.0 100.0 — 1,349 877 788 9,490 1,264 1,488 16,674 — 77.4 46.5 15.5 100.0 54.3 25.4 75.5 Source : Report on Puerto Rico and the Virgin Islands for the Federal Works Administrator (Washington, 1944), pp. 77-78.1 2 Miscellaneous small industries. Mostly registrants in lower age groups with no work experience except work relief. 1 Cf. Chapter I I I above. WOMEN, CHILDREN AND YOUNG PERSONS 235 workers and 8,000 professional and semi-professional workers. A major proportion of " operatives and kindred workers " were probably engaged in the needlework industry, since over 90 per cent, of an estimated 45,000 workers in this industry are women. About 5 per cent, of all experienced female workers had been without employment in 1939, 4 per cent, had been employed for under three months, 10 per cent, three to five months, 17 per cent, six to eight months, 14 per cent, nine to eleven months and 50 per cent, twelve months. On the whole, this situation reflects closely the general employment situation. Wage Differentials The Eoyal Commission recommended in definite terms that there should be greater parity of remuneration as between men and women for work of equal value in the British areas : Generally, throughout the (British) West Indies, although the level of pay for men is low, an even lower standard is adopted for women, who often receive less than a living wage. The argument that man is the head of the household and is responsible for the financial upkeep of the family has less force in the West Indies, where promiscuity and illegitimacy are1so prevalent and the woman so often is the supporter of the home. The data provided in Chapter V showed clearly the marked differentials that exist. Apart from this being the general practice where no regulation of wages exists, most statutory minimum wage orders prescribe different minimum rates for men and women, one noteworthy example being the group of minimum wage orders covering agricultural workers in the Windward Islands of Dominica, Grenada, St. Lucia and St. Vincent ; again, similar differentiation is to be found in the terms of a number of collective agreements, for example those between the Bustamante Industrial Trade Union and the Sugar Manufacturers' Association of Jamaica. Nevertheless, it cannot be assumed that the work in regard to which differential rates of remuneration are prescribed represents work of equal value even in the majority of cases. One general example may indicate the difficulties of interpretation involved. The spheres of work of men and women in the field phase of the sugar industry are by custom fairly sharply demarcated, women usually being assigned the lighter work. When differ1 Report, op. cit., p . 220. 236 LABOUB POLICIES IN THE WEST INDIES ing minimum rates oí pay are fixed by administrative order, it is therefore difficult to determine whether the principle of non-discrimination is affected. In the American territories the situation is substantially similar, even if there are a number of superficial differences. I t is true that minimum wage rates fixed under federal and insular legislation make no discrimination between rates for men and for women as such. But rates fixed for industries in which women constitute the major part of the labour force employed tend to be among the lowest rates fixed and the over-all picture reveals unquestionable differences in wage rates and earnings. Minimum wage rates prescribed under the Federal Fair Labor Standards Act for Puerto Eico and the Virgin Islands, the Puerto Eican Minimum Wage Act and the St. ThomasSt. John Minimum Wage Ordinance are fixed in cents per hour for specific occupations, sectors of occupations, or groups of occupations and do not vary with the sex of the category of worker covered ; it is even doubtful whether the terms of the legislation cited would permit such variation. The St. Thomas-St. John Ordinance, however, does not cover domestic employment in private homes, and a substantial proportion of employed women are therefore excluded. In Puerto Eico, federal minimum wage determinations have set rates for the needlework industry ranging from 15 to 24 cents an hour according to the operation involved. No rates are lower, and the only other occupations in which a 15 cent minimum obtains are occupations in which, as in the needlework industry, the vast majority of employees are women—vegetable packing, handicrafts, hand sewing operations in the leather goods industry and the leaf tobacco industry. The argument might be adduced that the minimum is fixed in the light of the economic position of these industries. But while external competition may explain the level of wage rates, insular conditions, in particular the disadvantages with which women seeking employment are faced, constitute the primary explanation for the concentration of women in ill-paid industries. Differences in aptitude are very often assumed a priori, resulting in unnecessarily narrow employment opportunities for women. A general comparison of men's and women's earnings in Puerto Eico has been made in Chapter V but a few further WOMEN, CHILDREN AND YOUNG PERSONS 237 indications are of special interest in the present context. A 1941 study of the incomes of some 750 representative wage earners' families working in the sugar industry reveals that the male workers in the agricultural phase of the industry earned on the average $1.13 a day and $4.54 a week ; female workers earned 38 cents a day and $1.67 a week. Male factory workers earned $2.16 a day and $12.75 weekly; among employed women belonging to families the heads of which were engaged in sugar factories, the highest earnings, with the exception of one Government employee, were 69 cents a day and $2.76 weekly. " But there are many women in domestic service and in field work in tobacco who earned only 25 cents a day— between 50 cents and $1.25 a week." 1 On the other hand, a survey by the Wage and Hour Division of the United States Department of Labor in 1941 revealed that females in the leaf tobacco industry earned an average of 12.3 cents an hour and males 13.3 cents an hour. The table overleaf enables further comparison to be made. Little information is available in regard to the French West Indies. In Guadeloupe, by Order of the Prefect of 16 March 1948, equafity of wages was established as between men and women in that Department. The problem of women engaged in industrial homework requires special mention in view of the importance of this form of employment in Puerto Eico. Estimates as to the number of women so engaged in 1948 in Puerto Eico ranged from 50,000 to 80,000 ; a comparison of the bases on which the varying estimates were made suggests that the latter figure is a fair estimate of the total number who perform some work of this kind, whether regularly or intermittently and whether registered or not as required by local legislation. Eegulation is of the essence of the problem ; law enforcement in industries organised on the homework pattern is generally difficult. The low wage levels and unsatisfactory conditions of work which official reports state exist in wide sectors of Puerto Eico homework industry are directly related to the difficulties of enforcement of better labour standards. The prevalence of homework in Puerto Eico is to be explained in the following terms. Both unemployment and underemployment are endemic in Puerto Eico. Homework permits a woman to supplement the family income while 1 The Sugar Cane Industry in Puerto Bieo, op. cit., pp. 111-112. 16 fco OS 00 NUMBER OP ESTABLISHMENTS SURVEYED, NUMBER OP WORKERS, AND HOURLY AND WEEKLY WAGE RATES OP WAGE EARNERS EMPLOYED IN AGRICULTURAL INDUSTRIES IN PUERTO RICO, BY SEX : 1 9 4 3 - 1 9 4 4 Male Total Industry Coffee Number ol units surveyed 1,297 537 89 327 17 18 220 52 35 2 Number oí workers 27,318 22,709 484 2,347 217 116 795 438 196 16 Earnings Weekly Hourly Í $ 6.65 » 7.88 4.37 3.82 5.71 4.57 5.02 7.87 6.80 8.98 0.168 ! 0.207 0.097 0.097 0.155 0.127 0.125 0.161 0.149 0.206 Number oí workers 27,020 22,543 440 2,294 217 104 772 438 196 16 Earnings Weekly S 7.12 ! 7.89 4.51 3.84 5.71 5.01 5.06 7.87 6.80 8.98 o Female Hourly $ 0.1711 0.210 0.101 0.097 0.150 0.130 0.130 0.160 0.150 0.210 Number of workers 298 166 44 53 — Earnings Weekly S 3.59» 6.58 2.90 2.99 — iS Hourly 0.095 1 0.171 0.064 0.087 — 12 23 2.00 3.68 0.091 0.085 — •— — — — — — Source : Annual Report of the Department of Labor to the Governor of Puerto Rico for the Fiscal Year 1943-1944 (San Juan, P.R.), p. 60. 1 Arithmetic average weighted according to proportionate employment as reported by the 1940 population census. ti S It) s sa WOMEN, CHTLDBEN AND YOUNG PERSONS 239 carrying out her household duties. There is a tendency to large families in Puerto Eico and the level of earnings is not high. Homework has shifted from the United States mainland to Puerto Eico because of its stricter regulation in the former area and the fact that there is a considerable differential in the minimum wages payable, under the terms of the Fair Labor Standards Act, as between the two areas. According to the 1947-1948 Annual Eeport of the Commission of Labor, the aim of policy is not the abolition of all homework, but regulation to ensure working conditions and wages somewhat comparable to those prevalent in factories. The problems surveyed in this chapter raise wide social issues which transcend the limited sphere of labour policy. Nevertheless, on a few specific issues, standards in regard to the employment of women, children and young persons can be appraised primarily from the labour angle. In the West Indies, the most striking feature of the existing position is the wide range of variation of such standards. Thus, maternity protection arrangements exist only in a few territories ; provision in regard to apprenticeship is of an advanced character in some areas, and lacking in others ; the minimum ages prescribed for entry into various forms of employment vary widely ; while the special problems of the domestic worker are everywhere recognised, only in a few areas has any specific regulation been effected. In these and in other respects, a greater degree of uniformity might be expected in a region in which the basic patterns of society do not vary widely. The standards already achieved by some territories may be regarded as indicative of • a common level which may be attained in the early future. OHAPTEE YII SOCIAL SECURITY AND RELATED PROVISIONS Income security may be achieved by two methods, social insurance and social assistance, which may be applied in conjunction, but their principles are somewhat different and their practicability depends on different circumstances. According to the social insurance method, the right to benefit and the amount of benefit are conditional on the regular payment of contributions. The reciprocity established between the individual and the community promotes sound citizenship and makes for economic realism. The method calls for the efficient collection of periodical contributions and the keeping of records for every insured person. The collection of contributions in respect of employees is not difficult to effect through the employer, at least where he is of a certain standing. On the other hand, to enforce the payment of contributions upon peasants or upon other independent workers of scanty. means has usually been regarded as impracticable. It has, nevertheless, been done satisfactorily in a few countries, and it is envisaged in several national plans now under consideration. According to the social assistance method, the amount of benefit is conditional on insufficiency of means and the cost is defrayed from general taxation ; the right to benefit is conditional on a qualifying period of residence, which may be coupled with the requirement of citizenship. Contact between the administrative authority and the beneficiary first occurs when the claim is made. The chief administrative function is the investigation of the claimant's means and other relevant circumstances. The method has the merits of making benefits immediately available to individuals in need, whether employees or the self-employed, or unoccupied. Income security provisions are extremely limited in the West Indies, though notable progress has recently been made. At the present time, social insurance arrangements exist only SOCIAL SECURITY AND BELATED PROVISIONS 241 in the three French Overseas Departments ; workmen's compensation for industrial accidents and diseases, which, with various limitations, is widespread, has evolved rather as an employment right based on the principle of employers' liability ; in one territory, sickness compensation is organised on a similar basis ; social assistance, in the form of unemployment assistance, old-age pensions and maternity protection, exists in a few territories. In Puerto Rico, social assistance is also made available under the Federal Social Security Act. Some measures of general public assistance should also be taken into account if only as indicative of existing needs. That these needs, which comprehensive security schemes are designed to cover, exist in the West Indies as elsewhere does not require demonstration. It is generally recognised, however, that " the framing of a satisfactory scheme of social security depends on the solution of other problems of economic and social organisation ".x The relation between, on the one hand, the development, research and planning policies now being pursued in the West Indies and, on the other, the possibilities of the development of adequate income security systems is therefore close. The successful outcome of the former would create a new situation in which the latter might well become immediately practicable. In the past, social and economic conditions generally, and, in particular, the poverty of the communities concerned, intermittent employment, underdevelopment of resources, low standards of living, defects of the general administrative machinery and particular administrative costs have all militated against the adoption of income security provisions. This relation between development and income security programmes was thus outlined in the Puerto Rico Planning Board's 1944 Development Plan 2 : Though the basic purpose of a development plan for the resources of any community is the ultimate welfare of all its members, no development plan can expect to cover each individual in every group within it. Total production by the group may be increased as planned, resulting income may be fairly distributed among the community's members in direct remuneration for their efforts, and income may also be redistributed through the various special services such as health, sanitation, education, housing, and recreation as outlined above. Yet, though all of these programs may be fully realised, there will still remain some members of the community who will be " Left 1 Social Insurance and Allied Services, Report by Sir William BEVEBIDGB (London, H.M. Stationery Office, 1942), Cmd. 6040, p. 15. 2 Op. cit., pp. 60-61. 242 LABOUR POLICIES IN THE WEST INDIES out ". There will be some who will not have enough food, clothing, and shelter. These people may be categorised as those who are temporarily unemployed, aged, dependent because of their youth, sick or disabled (but not covered by other health programs), or the victims of so-called " acts of God ". Others may not be so classified ; they may simply be human beings who, for any reason, are in hunger or want . . . Puerto Eico's social-welfare programs have in the past been based almost exclusively on institutional care. Except for a brief period in the 'thirties when federal funds were available, Puerto Eico has not had either an insular or local direct relief program, and its participation under the Social Security Act has been limited . . . Nevertheless, an expansion of its social security programs should be outlined, since, even with the generally increased productivity which the development plan attempts to provide, there will still be individuals in need. Specifically, the expansion should eventually embrace institutional programs and measures for the temporarily unemployed, the aged, dependent children, the sick, and the disabled. No comprehensive statement on British colonial policy in this regard has recently been made. In reply to a question in the British House of Commons on 2 August 1944, however, the Secretary of State for the Colonies said : A considerable number of colonial Governments are already examining the possibilities of establishing social insurance Bchemes of one type or another. I propose shortly to address all colonial Governments on the subject and to invite them to consider the matter further in the light of my views on the several possibilities ofx Governmental action in different types of colonial conditions. Eecent reports submitted by the United Kingdom Government on the application of ratified social security international labour Conventions to British territories state that, in the present stage of social and industrial development of these territories, such application is considered, as a general rule, to be impracticable. The British West Indian Development and Welfare Organi- sation has opposed the utilisation of Development and Welfare funds for underwriting social assistance measures which would involve recurrent expenditure for an indefinite period, for example, old-age pensions. Welfare grants have, however, been made for such purposes as the provision of buildings for school meals and for cottage almshouses, involving capital non-recurrent expenditure. 2 The trend of American federal policy in regard to the social security problems of American Caribbean territories is 1 3 Parliamentary Debates, House of Commons, London, 2 Aug. 1944. Of. Development and Welfare in the West Indies, 1940-1942, op. cit., pp. 60-61. SOCIAL SECURITY AND RELATED PROVISIONS 243 perhaps best indicated by noting the extent to which the provisions of the Federal Social Security Act have been or are planned to be made applicable to Puerto Eico and the Virgin Islands. Until 1951, only Title V (Child and Maternal Health) and Title VI (Welfare and Public Health) of the Act applied to Puerto Eico, and only Title V had been extended to the Virgin Islands. The possibility of extending this coverage had been under consideration for some time. Legislation had been under consideration by Congress by which the following further provisions would be extended to Puerto Eico—Title I (Old Age Assistance), Title IV (Aid to Dependent Children) and Title X (Aid to the Needy Blind)—and all provisions made applicable to Puerto Eico would be extended to the Virgin Islands. The sections of the Federal Act which relate to old-age and survivors' benefits, on a contributory basis, have now been extended to Puerto Eico, and the necessary administrative machinery for their application is now being established. In the French Overseas Departments of Martinique, Guadeloupe and Guiana, the social security arrangements of metropolitan France have in principle been adopted, with certain modifications. The method and tempo of practical application are still being worked out at the time of writing ; in May 1949, a mission of enquiry was sent to the territories by the metropolitan National Assembly to examine conditions and its report is under consideration. The increased tempo of adoption of social* legislation in the Netherlands territories has found expression in the revised Netherlands Antilles Sickness Eegulations of 1946, which make provision for protecting the worker from loss of earning power through illness on the same pattern as workmen's compensation. The entire field of social security arrangements for the Netherlands Antilles has also recently been studied in a report which is summarised later in this chapter. FRENCH TERRITORIES Decree No. 47.2032 of 17 October 1947 and Decree No. 48.603 of 30 March 1948 extended to the Departments of Martinique, Guadeloupe and Guiana, with certain qualifications, the provisions of the legislation of metropolitan France 1 concerning the organisation of social security. 1 Order No. 45.2260 of 4 Oct. 1945. 244 LABOUR POLICIES IN THE WEST INDIES Under the social security scheme to be applied to these Departments benefits will he payable in regard to maternity, sickness, death, disablement, old age, industrial accident and occupational disease. Agricultural workers will be included within the coverage of these provisions. The administrative machinery set up is made responsible as well for the payment of family allowances. Its further duties will include promotion of health measures and of the prevention of industrial accident and occupational disease. Contributions towards the risks covered by the social security scheme, with the exception of family allowances, industrial accident and occupational disease, will be payable at the rate of 16 per cent, of earnings ; the worker is to pay 6 per cent., which is deducted from his wages, and the employer is to make a contribution of 10 per. cent. Contributions in respect of industrial accident, occupational disease and family allowances are due from the employer but not from the worker. Special arrangements and rates apply to the home worker and the independent worker. General social security funds are to be established in virtue of this legislation in each of the three Departments. They are administered by special boards which, as a provisional measure and until the extension to the Departments of the relevant metropolitan legislation, are to be composed of representatives of the different categories of employers and workers concerned, nominated by the most representative organisations for the categories affected and in proportion to the respective importance of the said organisations. The number of places on such boards to be attributed to the different organisations is to be determined by the Director of Social Security of the Department. The board may co-opt two practitioners. Four separate sections of each fund are to be established concerned respectively with the questions of : (a) sickness, maternity, death and disablement ; (b) old age ; (c) industrial accidents and occupational disease ; and (d) family allowances. Provision is also made for supervision machinery. A General Social Security Directorate is established in Martinique with administrative responsibility for all three Departments in respect of the application of all social security législation. Subordinate to the Directorate, a Social Security Inspection Service is established, which is to consist of at least one principal inspector or one inspector for each oí the Departments. SOCIAL SECURITY AND BELATED PROVISIONS 245 The legislation summarised above deals essentially with the framework of the social security system to be established in the French West Indian Departments. The system itself is not yet in full application. Decree íío. 48.603 of 30 March 1948 provided that, as a temporary measure, and so long as old-age insurance was the only part of the social security system which was being operated as such, contributions would be at the rate of 5 per cent, for the employer and 4 per cent, for the worker. These rates would be increased progressively as later legislation increased the range of application of the social security arrangements. Decree No. 48.593 of 30 March 1948 made detailed provision in regard to the payment of old-age allowances for wage earners and old-age and disablement pensions, on the basis of the legislation of metropolitan France, with modifications relating principally to rates of benefits. 1 The task of adapting a social security system designed for an industriabsed Western country to the differing social needs and organisation of a West Indian community is clearly a difficult one. The 1949 mission of enquiry of the National Assembly, to which reference has been made above, indicated a number of the problems involved in this adaptation. I t was considered essential that social security arrangements should be introduced in practice in Martinique and Guadeloupe, b u t such arrangements would have to differ considerably from those of metropolitan France, in view of the different social background. In particular, the metropolitan health scheme depended on medical services and facilities not to be found in the Overseas Departments and the metropolitan family allowances system was related to the metropolitan demographic position and family pattern which were intrinsically different from those of Martinique and Guadeloupe. The mission in its report therefore proposed, inter alia, that health insurance funds should be largely devoted in the first place to establishing adequate medical facilities and that a substantial proportion of family allowances should be paid in kind rather than in cash. A general conclusion of the report was that appropriate social security arrangements could be instituted only if a substantial proportion of the financial burden were borne by metropolitan France, in view of the low level of local resources. 1 Order No. 45.170 of 2 F e b . 1945. 246 LABOUR POLICIES IN THE WEST INDIES More limited proposals were made in regard to Guiana. It was considered that the health insurance part of the system should be introduced, perhaps covering independent workers as well as wage earners. The scheme proper might be limited to the two centres of Cayenne and Saint Laurent ; elsewhere, free medical care might be provided. The family allowances system should be reviewed. Above all, the view was emphasised that local conditions rather than the metropolitan system should determine policy. In regard to those aspects of social security arrangements which are not yet covered in practice by the new system, it may be sufficient to note that, in all three Departments, workmen's compensation and family allowances legislation is of long standing but is at present in course of being integrated into the social security scheme as a whole on the basis of the relevant French metropolitan legislation. A Decree of 19 July 1925 extended to Martinique, Guadeloupe and Guiana the relevant legislation of metropolitan France in regard to compensation for industrial accidents. Legislation in regard to family allowances also followed closely the principles laid down in French legislation. Provision in regard to maternity leave also existed in the legislation of the three Departments well before the outbreak of the second world war. Under the arrangements now being made, maternity provision will be made under the terms of general social insurance legislation. 1 BRITISH, UNITED STATES AND NETHERLANDS TERRITORIES Workmen's Compensation Workmen's compensation legislation exists in all the British territories studied in the present report except Bermuda and has for some time been under consideration in that territory. A comprehensive Workmen's Accident Compensation Act is in force in Puerto Eico, and provision is also made in the legislation of the Virgin Islands of the United States. Legislation in this regard also exists in the Netherlands Antilles and Surinam. The general recommendations made by Major Orde Browne in regard to workmen's compensation laws in the British 1 See Chapter V I I I below. SOCIAL SECURITY AND BELATED PROVISIONS 247 dependencies were (a) that such laws should be amended, where necessary, to cover agricultural workers, and (b) that the waiting period after which compensation would become payable should be reduced from ten to three days. 1 The West India Boyal Commission, 1938-1939 recommended : . . . that West Indian Governments should consider carefully the possibility of adopting schemes of workmen's compensation based on the system in operation in Ontario since 1915 and subsequently adopted in other Canadian provinces. This is compulsory and covers manual and non-manual workers in public and private undertakings. Exclusive administrative authority is vested in a board of three members nominated by Government. The arrangement may be one of collective liability under which the contributions of all employers, assessed by the board, are paid into an accident fund ; or of individual liability, in which case the employer concerned may be required to deposit adequate security with the board, or to insure his liability. The advantages of this system are speed and certainty in operation, the elimination of litigation with its consequences of delay and expense and the existence of an authority (the board) which is well placed to undertake preventive work and propaganda. Whether one board be set up for the West Indies, or boards for individual colonies, or groups of colonies, is a matter for consideration.2 The Colonial Office requested West Indian Governors to examine this recommendation in consultation with the Comptroller for West Indian Development and Welfare. The conclusions reached were unfavourable. It was considered that the Ontario law was too advanced in character for conditions obtaining in the large majority of the West Indian colonies and was unsuitable on the further ground that it specifically excluded from its scope the farming industry and also domestic servants. The Labour Officers' Conference, 1942, considered that agricultural workers should be included under workmen's compensation legislation and suggested that Jamaica and Trinidad seemed to be the only West Indian colonies large enough to make it worthwhile to proceed with the Ontario scheme. Workmen's compensation legislation in the British territories has a common basic framework, deriving essentially from its source in United Kingdom legislation now repealed. Insurance by the employer against compensation liability is voluntary, the only exceptions being Barbados and British Guiana. Agricultural workers are in many cases not covered : at present only the legislation of Barbados, British Guiana, 1 O R D E B R O W N E : op. 2 Recommendations, cit., p. 50. op. cit., p . 16. 248 LABOUR POLICIES IN THE WEST INDIES British Honduras, the Leeward Islands, St. Lucia, St. Vincent and Trinidad 1 covers all such workers. In some territories, including Jamaica, agricultural workers employed on powerdriven machinery are covered. Workers engaged other than in manual labour and earning more than a specified annual income, casual workers, outworkers, domestic servants and members of the employer's family dwelling in his house are generally excluded. A " waiting period " in respect of which compensation is not payable varies from three to fourteen days. Provision for lump-sum payments in case of death or permanent incapacity is usual. In all the British territories the worker is left with the option of recovering damages in the courts where legal liability of the employer or a third party affords an alternative remedy, but he is debarred from recovering both compensation and damages. Summaries of two workmen's compensation laws may serve to illustrate the type of provision made in the British territories. The first, the Barbados Workmen's Compensation Act, 1943 2 represents advanced British colonial legislation in this regard ; the other, the Bahamas Workmen's Compensation Act, 1943 3 is more characteristic of the limited type of provision which elsewhere is gradually being enlarged and extended ; compensation rates payable under its terms are well below the average obtaining in the British West Indies, even though Bahamian wage rates are relatively high. The Barbados Workmen's Compensation Act was adopted in January 1943. " Workman " is defined as meaning any person who has entered into or works under a contract of service or apprenticeship with an employer, whether the contract was made before or after the commencement of the Act and whether the contract expressed or implied, is oral or in writing. From the definition are excluded (a) persons employed otherwise than by way of manual labour whose remuneration exceeds £100 a year ; (b) casual workers employed otherwise than for the employer's trade or business ; (c) out-workers ; (d) members of the employer's family dwelling in his house ; (e) persons in the civil employment 1 In Trinidad, only agricultural workers employed on holdings of 30 acres or more are covered. 2 No. 2 of 1943. 3 No. 25 of 1943. SOCIAL SECURITY AND BELATED PROVISIONS 249 of the Crown otherwise than in the government of the colony ; (f) persons in the naval, military or air forces ; (g) members of the police force ; and (h) domestic servants employed in a private dwelling house. The exceptions are less far-reaching than those of most British colonial laws of this kind, agricultural workers, clerical workers receiving not more than £100 a year, shop assistants and domestic servants in other than private houses being covered. A second advance marked by the Act is provision for compulsory insurance. Every employer is required to obtain from an insurer licensed under the Act a policy of insurance or indemnity for his full liability. Exemption from this obligation may, however, be granted to employers furnishing guarantees to meet their full liability. Employers become liable to pay compensation in the event of personal injury caused by accidents arising out of or in the course of employment. As regards slight injuries, it is provided that no liability exists in respect of injuries not involving disablement for three days, or in respect of the first three days if the incapacity lasts for less than four weeks. Compensation is also not payable in cases of misconduct, such as being under the influence of drink or drugs, wilful disobedience of safety orders or wilful removal or disregard of safety appliances. Subject to the above provisions, the compensation to be granted includes the following. Where death results from the injury and the workman leaves total dependants, compensation will be a sum equal to 156 weeks' wages or £200, whichever is less. For permanent total disablement, compensation in the case of adults is to be 208 weeks' wages or £300, and in the case of a minor, 312 weeks' wages or £300, whichever in both cases is less. Permanent partial disablement will bring reductions proportionate to the loss of earning capacity. I n the event of temporary disablement, provision is made up to a period of five years for half-monthly payments of sums equal to weekly wages for adults and equal to one and one third of weekly wages for minors. The Bahamas Workmen's Compensation Act makes provision for the following payments for injury from accidents arising out of or in the course of employment : death—30 months' wages or £100, whichever is less ; permanent disablement—for an adult, 42 months' wages or £100, whichever is less ; for a minor, 84 months' wages or £100, whichever is less. 250 LABOUR POLICIES IN THE WEST INDIES In the case of temporary disablement, a half-monthly payment is to be made during disablement or for one year, whichever is the shorter period. The half-monthly payment for an adult is one quarter of the worker's monthly wages, for minors under 17, one third, and for minors over 17, one half. The employer is not liable " in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding 14 days ", and the payment of benefits for temporary disablement begins only on the 16th day after disablement. The Act covers persons employed by way of manual labour whose remuneration does not exceed £200, but excludes casual workers, outworkers, persons in the naval, military or air forces of the Crown, members of the employers' family dwelling in his house, members of the police force and local district or special constables, persons employed in agriculture, domestic servants (including chauffeurs), persons employed exclusively as clerical workers and/or shop assistants, and persons in the civil employment of the Crown otherwise than in the government of the colony. In relatively recent legislation the waiting period which must elapse before cash benefits become due is three days, and payment is made for the first three days if incapacity lasts more than four weeks : St. Lucia (1941), British Honduras (1942), Barbados (1943), Trinidad (1945), British Guiana (1947) ; older provisions, for example, those of Jamaica (1937) stipulate a ten-day waiting period. The general level of compensation benefits is fairly uniform. In Jamaica, British Guiana, Dominica, Grenada, Trinidad, St. Lucia and St. Vincent, compensation for an accident causing death was everywhere, until 1945, 30 months' wages or £250 1, whichever is less, and for permanent total disability, in the case of an adult, 42 months' wages or £350 1 , whichever is less. Benefits in Trinidad were raised to £375 and £525 respectively by a 1945 amendment and steps have subsequently been taken in a number of other territories to increase benefits. In practice, in Jamaica some £2,000 was paid in the settlement of claims in 1942. Of 1,520 injuries reported, 567 (37.2 per cent.) were compensable accidents and 953 (62.8 per 1 Or its equivalent in local currency. SOCIAL SECURITY AND RELATED PROVISIONS 251 cent.) were non-compensable. 1 The exclusion of agricultural workers from the coverage of workmen's compensation legislation does not necessarily mean that employers invariably neglect to make some provision for such workers when injured. The Jamaica Sugar Industry Commission, 1944-1945, for example, found that many workers in the industry not covered by the island's Workmen's Compensation Law were nevertheless paid gratuities in case of illness or injury, and that their funeral expenses were paid if death resulted. In 1947 the amount paid in settlement of workmen's compensation claims was over £6,300 ; there were 5 fatal cases, 11 causing permanent disability and 884 temporary disability. The following table shows figures for British Guiana : BRITISH GUIANA : ACCIDENTS AND 1941-1946 Year 1941 1942 1943 1944 1945 1946 Total No. of accidents 655 745 856 964 4 878* 949* Fatal 2 8 7 9 7 4 Claims settled in court Serious ' Minor 151 163 194 221 502 574 655 734 COMPENSATION Claims settled out of court 5 Number 5 6 185 ACCIDENT 1 760 4 3 2 8 5 3 Value Number Value S 2,073.82 1,831.60 757.50 2,959.86 2,073.63 1,498.50 13 23 31 20 16 20 $ 5,922.23 5,075.86 13,549.59 8,349.83 7,686.17 8,384.07 Source : Reports of the Department of Labour for the years in question. 1 The figures for 1941 and 1942 were provided under a voluntary system, and those for 1943 under a compulsory system of notification of accidents. The data in each case come from the Department of Labour Report for the year ina question. * Causing disablement for 21 days and over, but excluding fatal accidents. Causing disablement for more than 24 hours but less than 21 days. * The figure given is for accidents causing disablement for more than 24 hours. * Figures not available. There is no provision in this body of legislation for compensation for incapacity or death resulting from occupational diseases. Puerto Eican legislation on accident compensation is more comprehensive and detailed. The Workmen's Compensation Act, 1935, as amended 2 provides for the establishment of a single centralised State 1 I t is not clear whether " non-compensable " accidenta as recorded include minor accidents reported only because of statutory requirements. 2 No. 45 of 1935 ; amendments in force in 1950 : No. 137 of 1938, No. 121 of 1940, No. 43 of 1942, No. 162 of 1943, Nos. 284 and 298 of 1945, Nos. 320, 384, 437 and 462 of 1947. 252 LABOUR POLICIES IN THE WEST INDIES Insurance Fund in which all employers employing three or more persons must be insured ; those employing fewer than three persons may insure voluntarily. I t includes equally within its scope workers in industry, commerce, agriculture 1 and Government, both insular and local. The provisions of the Act apply to workers who— . . .suffer injury, are disabled, or lose their lives by reason of accidents caused by any act or function inherent in their work or employment, when such accidents happen in the course of said work or employment, and as a consequence thereto ; or such as suffer disease or death caused by (specified) occupations. Workmen and employees engaged in domestic service and those whose work is casual and is not included in the business, industry, profession or occupation of their employer, 2and also such persons as work in their homes, are expressly excepted. Accidents are not compensable under the Act (a) if selfinflicted or deliberately designed to injure the employer or a third party ; (b) if the result of drunkenness on the part of the worker; (c) if the criminal act of a third party; or (d) if the result of the carelessness or imprudence of the worker. Workers suffering injury or an occupational disease are entitled to all necessary medical attendance, hospital services and medicines prescribed without cost to themselves. Temporary disability is compensated at a rate equal to half the wage earned at the time of injury, such compensation not to be less than $3 or more than $15 a week, nor payable for more than 104 weeks. No compensation is allowed for the first five days following the date on which the worker presents himself to the physician for treatment unless disability lasts for more than four weeks. Permanent partial disability is compensated at half-pay rates, being not more than $15 or less than $4 a week for a specified number of weeks, varying according to the degree of disability 3 as scheduled in the Act. In no such case is more than $2,500 to be paid. The maximum compensation for permanent total disability is 340 weeks' pay at half wages, cr $3,000 whichever is less, and is to be not more than $15 or less than $4 a week. In the event of death as the result of an accident and within two years of 1 Sharecroppers are covered unless subject t o a written attested contract with the landholder concerned. 2 Section 2 of Act No. 182 of 1943. 8 Varying from five weeks for the loss of the little finger a t the third phalanx to 300 weeks for the loss of an arm a t or above the elbow. SOCIAL SECURITY AND BELATED PROVISIONS 253 occurrence of the accident, funeral expenses up to $100 are payable. In addition, if the worker leaves dependants, they receive a sum varying from $2,000 to $3,500, graduated according to the earning capacity of the deceased worker and to his life expectancy. Where compensation due to a workman or his beneficiaries is less than $500, the amount is paid in full and at one time ; where compensation is more than $500— it shall be the duty of the manager of the State Fund to require the workman or employee or his beneficiaries to devote the whole or a part of the compensation to the purchase of a farm and or dwelling, to the acquisition of a gainful business, or to some other investment that may be profitable. If the amount remaining after such investment is between $300 and $1,000, it is paid in monthly instalments over a period of twelve months ; if more than $1,000, in monthly instalments of not less than twelve or more than twenty-four months. Compensation for workers under 18 years is to be double that of a worker over 18 in similar circumstances. As regards occupational diseases it is provided that enumerated diseases shall be compensated when contracted in the course of enumerated processes " within the twelve months prior to the date of the disability caused by such diseases due to the nature of any of the processes described". Sixteen diseases and the corresponding processes are scheduled. The diseases are anthrax, glanders or carbuncle, lead, mercury, phosphorus and arsenic poisoning, poisoning by benzol, etc., silicosis, poisoning by any volatile petroleum product, by carbon bisulphide, and by wood alcohol, infection or inflammation of the skin on contact with irritating oils, dust, liquids, smoke, etc., ulceration of the skin or of the corneal surface of the eye due to coal, pitch, tar or compounds, compressed air, carbon dioxide and brass or zinc poisoning. The Act defines the functions of the Manager of the State Fund and of an Industrial Commission set up to assist him in the performance of his functions. The injured worker may apply to the Commission to expedite consideration of his case. The necessary legal powers for investigation and inspection are provided and employers are compelled to keep a register of accidents. For insured workers, the Fund is the sole means of recovering compensation. Workers not covered may institute proceedings under the Civil Code and are entitled to the 17 254 LABOUR POLICIES IN THE WEST INDIES Manager's assistance in instituting legal proceedings against their employers. A limitation is set on the fees to be paid the advocates or representatives of injured workers. Unlike the previous systems of 1916 and 1928, which went bankrupt, the present State Insurance Fund has proved to be financially sound. With the exception of its first year, the Fund has ended every policy year with a surplus ; at the end of its eighth year of operation (1943) it had accumulated a net surplus and free reserve in excess of $2,300,000. By June 1948, this total surplus was nearly $5 million. During the fiscal year 1941-1942, 65,604 claims were registered, of which those registered by employees of insured employers were classified as follows 1 : Death claims Temporary disability Permanent partial disability Permanent total disability Unclassified open claims 61 56,632 2,226 2 5,280 Total . . . 64,201 The following are data for the years 1940-1941 and 19471948 1 : Expenses Compensation benefits Medical benefits . . . Administrative expenses Policy year 1940-1941 $ 527,625.30 609,303.20 290,673.25 Policy year 1947-1948 9 2,296,052.72 1,430,586.87 628,884.47 Payment of compensation and provision of medical treatment and hospitalisation are prompt. I t was stated in 1943 that the most pressing problems of the Fund were : (1) to bring in employers who, in violation of the law, were not covered ; (2) to secure a central hospital in San Juan large enough to function economically and to permit development of specialised departments in the field of industrial medicine and surgery ; (3) to develop further the accident prevention programme. The Act empowers the Manager of the State Fund to revise premium rates and classifications annually. Such revision has been periodically made on the " merit rating 1 Figures given are taken from the reports for t h e years in question of the State Insurance F u n d of Puerto Rico (San J u a n , P.R.). SOCIAL SECURITY AND RELATED PROVISIONS 255 system " by which the premiums of employers are regraded in terms of their actuarial record. It is of interest to note that some authorities, while admitting the strong arguments in favour of the method now in use in Puerto Eico, stress the merits of a flat rate. In June 1944, 10,236 employers were insured with the Fund, but at the same date it was estimated that there were no less than 10,000 uninsured employers regularly employing three or more persons. In June 1945, the number of employers holding policies in the 40 principal classifications of the State Insurance Fund was approximately 14,900 ; the corresponding figures in 1946 and 1947 were 21,100 and 24,800. An interesting feature in connection with the administration of this Fund are the accident prevention activities carried on under its aegis ; these include safety education through safety agents, lectures, broadcasts, press articles and bulletins. The Municipality of St. Thomas-St. John, United States Virgin Islands, adopted an amended Workmen's Compensation Ordinance in May 1941. The Ordinance excludes from its coverage agricultural workers, domestic servants in private homes, and outworkers, though agricultural workers employed in connection with machinery, construction and similar work are covered. The Ordinance is applicable to all employers employing four or more workers. Such employers are liable in regard to the disability or death of an employee resulting from a personal injury arising out of and in the course of his employment. IsTo employee is entitled to compensation (other than medical attendance) until the sixth day of disabüity unless the disability extends beyond two weeks in which case compensation shall be payable from the first full day of disability. Temporary total disability is compensated at one half the weekly earnings of the worker, and temporary partial disability at one half the difference between earnings at the time of injury and earnings during the period of disability. The period over which such payments may be made is not to exceed 52 weeks. Permanent partial disability is compensated at one half weekly earnings for a specified number of weeks according to the nature of the injury, varying from four weeks for the loss of a little finger to 104 weeks for the loss of an arm or right hand. Permanent total disability is compensable at one half weekly earnings for 182 weeks. I n none 256 LABOTJE POLICIES IN THE WEST INDIES of these cases is the weekly rate to be more than $15 a week. In case of death, liability is limited to payment of funeral expenses and medical services if the deceased leaves no dependants. Where there are dependants, compensation is between $1,000 and $2,500 graduated according to the earning capacity of the deceased and to his probabilities of life. Employers who may become liable are required to insure with a Municipal Insurance Fund created under the Ordinance. The administration of the Fund and the manner of payment to beneficiaries is determined by a Compensation Commission for which the Ordinance provides. A safety programme is correlated with the administration of the Fund. In 1943 the Commission handled thirty cases of injury, awarding some $1,400 in compensation ; in 1945 the expenditures of the Fund on payment of claims was nearly $2,000 and in addition some $1,600 was spent on payment for medical services and hospitalisation. The legislation of St. Croix is on similar lines, but only employers of three or more workers are covered. In the Netherlands territories the legislation on workmen's compensation has the following characteristics : Every employer is obliged to insure the workers employed in his undertaking against accidents and occupational diseases. The Government may order the closing of any undertaking the owner of which fails to comply with this regulation. All wage earners, including voluntary workers and apprentices, in the occupations covered by the Order are to be insured. Government, agricultural, horticultural and forestry undertakings and cattle rearing stations do not come within the scope of the Order. Wage earners employed in the hotel industry, clerks, home workers and members of the employer's family who are working in his undertaking are not covered by the Order. Foreign labourers are subject to the same provisions as nationals. An insured person is entitled to medical benefits and allowances only if he is the victim of an accident occurring at the place of work and while engaged in the performance of his assigned tasks. In the case of temporary or permanent total disabiKty, the insured is entitled to an allowance of 70 per cent, of his daily wage. In the case of temporary or permanent partial disability, the insured is entitled to an allowance proportionate to his loss of capacity to work, in no case to amount to more than 70 per cent, of his daily wage. SOCIAL SECURITY AND RELATED PROVISIONS 257 In the case of permanent partial or total disability an insured person may apply for a lump-sum benefit not exceeding the amount which would be due in respect of benefits for a three-year period. The employer is entitled to have the insured person medically examined at any time within a period of three years following the commencement of incapacity. In the case of a fatal accident, an allowance amounting to 25 per cent, of the daily wage is payable to the widow, together with an additional allowance amounting to 7% per cent, of the daily wage in respect of children below the age of 16 years, the total amount payable in such cases not to exceed 40 per cent, of the daily wage. A funeral allowance, to a maximum of 90 guilders, is also payable. The conditions outlined above also apply as regards the following occupational diseases : lead, mercury, carbon monoxide, tin, zinc and methyl chloride poisoning, anthrax infection, bakers' dermatitis and silicosis. Maternity Protection The provision made in Puerto Eican legislation for maternity protection is summarised in Chapter VIII, and an account of its application has been given in the preceding chapter. Legislation in the Netherlands Antilles is also summarised in Chapter VIII. Arrangements Specifically Relating to Workers' Health Legislation in force in the Netherlands Antilles makes special provision designed to assist workers in the event of loss of earning power through sickness. A revised and amended version of the Sickness Eegulations (1936) was published in June 1946. Every employer in the Netherlands Antilles employing two or more workers is obliged to insure the workers employed in his undertaking against sickness. The following classes of workers are excluded from the coverage of the regulations : workers who earn more than 10 guilders a day * ; maritime workers ; domestic servants ; outworkers ; relations and family of the employer who live 1 One Curaçao guilder equals U.S. $0.375. 258 LABOUR POLICIES IN THE WEST INDIES with him ; and persons who have been in the continuous service of the employer for less than 12 days. Pregnancy and confinement are included within the definition of sickness as covered by the regulations. The employer is not liable to pay compensation where medical examination reveals that the worker was already ill at the time of engagement, where incapacity is brought about intentionally or through the worker's intemperance or use of narcotic drugs. Compensation may be reduced if incurrence of illness is largely the worker's fault. The regulations, however, include within their coverage accidents to the worker which are not in connection with the performance of the work for which he is engaged. Detailed provisions are made defining the liability of the employer in respect of pregnancy and confinement. 1 Compensation in consequence of the same illness is not to be granted for longer than ten weeks from the first day of illness. I t shall include free medical attention, nursing and medicaments and sickness pay. The cash sickness benefits payable to insured workers who are undergoing treatment in a hospital are fixed at 50 per cent, of wages and at 70 per cent. in case of treatment at home. Sickness pay is due as from the fourth day of incapacity ; it cannot be received until the sick person has put himself under medical treatment. The employer has the right to have workers medically examined at his discretion. The worker is required to give notice of his illness within 48 hours from the time that its consequences have made medical attention necessary. Employers are required to insure against their liability under the regulations unless they have been authorised by the Governor to meet this liability by themselves. Where an employer is required so to insure and is not in a position to do so, his undertaking may be closed or suspended by an Order of the Governor. In 1947, the premium for insurance was 3.7 per cent, of wages paid and in 1948, 3.3 per cent. ; in Aruba, Bonaire and Curaçao, 835 undertakings were insured with a total premium of 237,903 guilders ; compensation payments were made in 6,457 cases to a total amount of approximately 100,000 guilders. 1 Cf. p. 339. SOCIAL SECURITY AND BELATE» PROVISIONS 259 Loss of Earning Power : Unemployment For the British territories, the West India Eoyal Commission, 1938-1939, recommended— . . . that the Governments of the larger colonies should examine carefully the possibility of establishing some arrangement for unemployment insurance in the case of those undertakings which are organised on a system of regular employment and with exemptions for those industries where, owing to the intermittent character of employment, a scheme based on that obtaining in Great Britain would be impracticable.1 Action along these lines has nowhere yet been taken, although it is under consideration in Trinidad. Local employers there have expressed opposition to the proposed limitations on the groups to be covered. The Labour Officers' Conference in 1942 concluded that the time was not ripe for the institution of unemployment insurance, and this, in general, seems to be the official view. The arguments generally adduced in opposition to such insurance for occupations in which intermittent employment is not widely prevalent are fundamentally two : (a) the administrative machinery in existence would be insufficient to check up on the actual status of all appficants for unemployment benefit or the genuineness of their attempts to find work, and (b) workers prepared to accept a low standard of living by working part-time now, even when work is available, would endeavour to supplement their earnings by unemployment benefit while continuing to work part-time. In 1948 an unemployment insurance scheme for the sugar industry was introduced in Puerto Eico. As first envisaged by legislation enacted in 1948, provision was made for a contributory unemployment compensation scheme with contributions from both workers and employers. This legislation was amended in 1949 before the scheme came into effective operation. The following is a summary of the legislation at present in force.2 An Employment Security Division is established in the Department of Labor of Puerto Eico and its Director is made responsible for the administration of the employment security 1 Recommendations, op. cit., p. 16. Act No. 355 of 15 May 1948 as amended by Act No. 1 of 5 Jan. 1949 ; Act No. 356 of 15 May 1948 as amended by Act No. 2 of 5 Jan. 1949. 2 260 LABOUR POLICIES IN THE WEST INDIES scheme. He is also required to carry out surveys which will permit him to determine the prospect of extending similar employment security programmes to other industries. Provision is made for an Employment Security Fund into which contributions are paid and from which claims are to be met. Should the Commissioner of Labor find that at a given moment the balance available to the Employment Security Fund is insufficient to meet its commitments, the necessary funds shall be anticipated from the Insular Emergency Fund. Every employer who in 1948 produced, or in a subsequent year produces, more than 15 tons of raw sugar and every employer in the sugar industry who refines sugar, is required to pay a contribution to the Employment Security Fund of 5 per cent, of his wages bill as from 31 December 1948. Provision is made to bring within the coverage of the Acts employers who deliver cane for grinding to centrales. Payments from employers are normally to be made monthly, but in exceptional circumstances arrangements may be made for payment at three-monthly intervals. The sugar industry is defined as covering both the agricultural and the industrial phases and " shall comprise all processes and services necessary for or related to the production of cane and of sugar ". The term " labourer or workman " is defined in wide terms excluding only " executive, administrative, office or supervisory employees and those holding permanent posts ". To qualify for unemployment benefit the worker must satisfy the following requirements : he must not have received from any source during the week for which benefit is claimed more than $2 if he is engaged in the agricultural phase of the industry nor more than $3 if he is engaged in the industrial phase ; he must have notified his status of unemployment to the Employment Security Division ; he must have worked as from 31 December 1948 at least 60 days in the sugar industry during the year preceding the week for which benefit is claimed and he must not have received aid from the State Insurance Fund during the week for which benefit is claimed. The worker may not receive benefit if he is unemployed as a result of a strike, lock-out or labour dispute or when he has voluntarily and without just cause abandoned his work or has failed to accept reasonable employment. Criteria are laid down for " reasonable employment ". If, for example, the wages, hours and other conditions of employ- SOCIAL SECURITY AND BELATED PROVISIONS 261 ment offered are substantially less favourable than those generally prevailing for similar work in the locality, or if the employment is offered as a direct result of a strike, lock-out or labour dispute, such an offer of employment is not reasonable under the terms of the Acts. Benefit is to be paid weekly through the Employment Security Division at the rate of not more than $3 a week for a worker in the agricultural phase and $5 a week for a worker in the industrial phase. It shall be payable beginning with the week following that on which the worker applies for benefit and fulfils the conditions of eligibility. I t is payable only between 1 October in a given year and 31 January of the following year (beginning from October 1949) and workers may not receive benefit for more than nine weeks a year. These arrangements have proved entirely practicable, although a number of administrative changes have been made which introduce differences from the original legislation ; for example, during the benefit period 1950-1951, benefits were paid on a fortnightly instead of a weekly basis. The number of workers receiving benefits has been considerable : for example, during the first fortnight of the 1950-1951 benefit period, some 67,700 workers received over $421,000. A further step in the direction of providing social security benefits in Puerto Eico on an occupational basis was the institution, under the terms of Act îTo. 428 of 15 May 1950, of a system of insurance against the risks of sickness and death for chauffeurs, who in Puerto Eico form a large group of workers. General Assistance Health and unemployment insurance are key items in advanced income security systems. In the British, Netherlands and United States territories there are no specific arrangements, apart from the Netherlands Antilles sickness compensation scheme and the Puerto Eican employment security scheme for the sugar industry, designed to protect the wage earner in case of such temporary loss of earning capacity. Certain general community services should, however, be mentioned which tend, though partially, to fulfil the same ends. Attention is here confined to three questions : (a) public medical and health facilities ; (b) poor-law and public relief provisions, and (c) Government social welfare machinery. 262 LABOUB, POLICIES IN THE WEST INDIES Public Medical and Health Facilities. The West India Eoyal Commission recommended that— . . . the possibility of an extension of contributory health insurance schemes on the basis of a carefully selected membership should be studied by the Medical Adviser (to the Comptroller for West Indian Development and Welfare) in consultation with Governments.1 Major Orde Browne in his survey concluded that one of the benefits most needed by the British West Indian worker was a cheap health service, and gave a detailed analysis of the situation as it existed in 1938. The position on the estates was that employers were called upon, in respect of medical facilities, to assume ill-defined and unlimited responsibilities which had ceased to have any legal foundation after the termination of the indentured labour system. Hospitals, with arrangements for medical attention and, in some cases, maternity wards for the benefit of workers' wives, were provided by very many estates, sometimes at considerable expense. I t was recommended that consideration should be given to the establishment of additional Government hospitals partly maintained by employers' contributions, as a preferable alternative to the existing system. In regard to workers' health in general, it was considered that Government medical facilities were inadequate to meet the needs of the working community. Beluctance to incur a doctor's bill raust prejudice the proper treatment of many cases, and the threat of illness must be constantly reinforced by anxiety about consequent expense. 2 Public health policy and facilities in the British territories have been subject, over the past six or seven years, to considerable changes based on the recommendations of the Eoyal Commission, 1938-1939, which included the following : (a) unification of the medical services of the British West Indies and the centralisation of medical institutions, e.g., mental institutions ; (b) the reorganisation of the medical services to secure the development of a preventive outlook on health questions and immediate progress with certain definite preventive measures, including improved housing, the development of maternity and child welfare work, school medical 1 Cf. Recommendations, op. cit., p. 13. 2 Cf. OBDE BROWNE : op. cit., pp. 26-28. SOCIAL SECURITY AND RELATED PROVISIONS 263 services and the better education of the public in health ; (c) the formulation of long-term health policies by the Medical Departments in consultation with the Labour Departments, inter alia ; and (d) study of the possibility of contributory health insurance schemes on the basis of a carefully selected membership. 1 In the Netherlands Antilles in 1948 expenditures for public health services amounted to approximately one and a half million guilders. There are eleven hospitals with 1,265 beds, 78 doctors and 20 dentists. In Surinam, the corresponding expenditure was 2 million guilders. There are four hospitals with a total of 463 beds, three infirmaries with 369 beds, three leprosaria with 855 beds and a subsidised private hospital with 60 beds. There are 59 doctors and 13 dentists. In regard to the proposal to study the possibility of instituting a curtailed health insurance scheme in the British territories, the official comment was— Proposals of this nature have been put forward and examined in a few colonies. Actuarial data, on which their cost could be accurately estimated, have not been available, but the indications are that their cost would be out of all proportion to the benefits they would confer. In any case, there are insufficient doctors2 available at the present time to make any such schemes practicable. I t is of interest, however, to note that a pilot scheme of health insurance on sugar estates has during the past few years been experimented with in Trinidad. In Puerto Pico, assistance under the Federal Social Security Act has, as has been noted above, been provided for public health services. Poor Law and General Belief Provisions. The Comptroller's Beport on Development and Welfare in the West Indies, 1940-1942, provides a short account of the situation in the British territories and is summarised here in part. 3 1 For detailed information on the implementation of these recommendations, cf. Development and Welfare in the West Indies, 1940-1942, op. cit., passim ; Development and Welfare in the West Indies, Progress Report, 1942-1943 ; Development and Welfare in the West Indies, 1913-1944 ; the British Government White Papers on the operation of the Colonial Development and Welfare Act, West India Royal Commission, 1938-1939 : Statement of Action taken on the Recommendations (London, H.M. Stationery Office, June 1945), Cmd. 6656, passim. 2 Statement of Action taken on the Recommendations, op. cit., p. 31. 3 Op. cit., pp. 59-61. 264 LABOUR POLICIES IN THE WEST INDIES Lack of funds is the greatest handicap in the administration of Poor Laws, but, in view of the low level of material resources of the territories, any larger provision of funds would limit the more constructive social welfare work. In the smaller colonies all that can be done is to provide an almshouse for destitute persons who are sick or are otherwise incapable of looking after themselves, and to pay weekly pensions to aged persons whose number is determined by the amount of the funds available, rather than their needs. More is done in the larger colonies, but relief is seldom available in amounts proportionate to needs. Provisions are rarely made for temporary relief for the ablebodied under Poor Laws, and is, in fact, awarded infrequently. In the large towns, destitution is found to be acute, low wages and irregular employment contributing their share to this situation. The general system of Poor Law administration is variable in quality. During the period surveyed in the report, an amendment to the Jamaica Poor Belief Law was adopted to strengthen the power of the Central Authority, and proposals were made for a complete reorganisation of the Poor Law administration service. In British Guiana, the system is well organised. I n smaller dependencies, t h e a m o u n t of work involved in Poor Law administration funds does not justify the creation of separate departments. The most satisfactory arrangement appears to be where the responsibility for the relief of the poor is placed on the Medical Department, acting through the Sanitary Inspectors. The two questions to which the section of the report dealing with the relief of destitution attaches most importance are provisions in regard to children and the aged ; these provisions are considered elsewhere. Finally, the report relates the relief given under the Poor Laws to the general relief available, in the following terms : Generally speaking, the relief which is given under the Poor Laws and by private persons in the West Indies, only amounts to a partial and very slender supplement to the help received by poor persons from their relatives and friends. One of the most striking features of the West Indies is the expenditure of large amounts of money in weekly doles and, in smaller ways, of charitable societies connected with the chnrches, and by merchants, shopkeepers, and others, but little attempt appears to have been made to see that this money is spent in a constructive way so that overlapping is avoided. The whole situation calls for careful investigation. Much more personal service from members of Boards of Guardians and Poor Law Boards and leaders of the community generally, is required than is given at the present time. Every possible effort should be SOCIAL SECURITY AND BELATED PROVISIONS 265 made to mobilise voluntary assistance behind Poor Laws and to secure, through voluntary effort, greater financial and other help for the aged and infirm. The people of the West Indies are generous, but it is desirable that their generosity should be utilised to the best advantage. The Division of Public Welfare of the Puerto Eican Department of Health discharges a multiplicity of functions within the framework of social assistance. While these functions are more extensive than the scope of the question here under examination, the co-ordinating character of the Division's work will be more clearly appreciated by considering its operations as a whole. The present scope of the Division's activities was delimited by 1943 legislation. 1 Previous to this legislation, old-age assistance, child welfare and the insular foster home programme were separately administered ; as a result of the 1943 Act the public welfare programme of the island in all its more important aspects became the responsibility of the Division. The principal facets of that responsibility have been : (a) administration of economic assistance and service to needy individuals as defined by law; (b) administration of four public welfare institutions and supervision of all private child caring institutions and (c) administration of social services to children. The division of functions within the Division is as follows. The Bureau of Public Assistance administers aid to needy children, aid to the blind, old-age assistance and general assistance. The eligibility requirements for the first three categories follow closely those of the Federal Social Security Act. The last category covers persons not included in any of the other categories but able to prove their inability to earn a living. That such aid is limited to unemployables is stressed by the Division— Because of the limitation of funds, general assistance has been limited to physically or mentally incapacitated persons and their dependants. Thus the public assistance program in Puerto Eico has not been extended to meet the economic problems caused by underemployment and by lack of employment in an economic structure where both underemployment and unemployment are chronic evils.2 At the present time, some 33,000 families on an average receive public assistance every month. 1 Law No. 95 of May 1943. Report of the Commissioner of Health to the Hon. Governor of Puerto Rico for the Fiscal Year 1943-1944 (San J u a n , P.R., 1945), p . 145. 2 266 LABOUR POLICIES IN THE WEST INDIES The Child Welfare Bureau is designed to render social services to homeless, neglected and maladjusted children and their families. These services include social services in the children's homes, " foster care, either in boarding, free, work or wage, or adoptive homes ; housekeeper service 1 ; psychiatric treatments ; psychological and other services." 2 The Bureau of Institutions has responsibility for the administration and supervision of the Insular Home for Boys, the Insular Home for Girls, the Puerto Bico Institute for Blind Children and the Insular Asylum for the Indigent Blind. The Division also includes an Office of Besearch and Statistics. The legislation transferring this body of functions to the Division also provided for the creation of a Public Welfare Fund to provide continuity of expenditures on programmes. In addition, federal appropriations are available for some aspects of the Division's work ; for example, the Child Welfare Bureau receives funds under title V of the Social Security Act in addition to insular appropriations. I t is clear, however, from the limitations which the Division has to set itself in discharging its functions that its budget is distinctly inadequate for the purposes it is designed to serve. The two municipalities of the Virgin Islands of the United States annually allocate funds for relief. In 194a the sum allocated by St. Thomas-St. John and St. Croix respectively were of the order of $17,000.00 and $10,000.00. The minimum grants made to unemployables are $5.00 a month in St. ThomasSt. John and $2.50 a month in St. Croix ; in the latter, comparatively recently, the minimum grant had been as low as $1.00 a month. In Surinam in 1948, 322 persons were provided with institutional care in the Boniface Public Belief Institution. A subsidy of 180,421 guilders was granted to private organisations for the purpose of providing poor relief. Social Welfare Machinery. In Puerto Bico, the Division of Public Welfare in the Department of Health supervises the expenditure alike of Federal and insular funds appropriate for public welfare purposes, as described- above. In the United States Virgin 1 This ÌB provided where there ÌB no adult member of the family to take eare of the children. 2 Report of the Commissioner of Health, op. cit., p. 154. SOCIAL SECURITY AND RELATED PROVISIONS 267 Islands, a Department of Social Welfare was established in 1943 under the terms of the Social Welfare Act of that year. The immediate purpose of the Act was to establish social service standards and administrative arrangements which would make the islands eligible for social security grants as soon as certain titles of the Social Security Act were extended by the United States Congress. I n the British West Indies, the staff of the Comptroller for Development and Welfare includes a Social Welfare Adviser. Several Social Welfare Officers or Advisers have, during the past few years, been appointed to British West Indian Administrations. Old-Age Assistance Legislation providing for non-contributory old-age pensions exists in three British West Indian territories. In Barbados, the Act of 1937 1 provided, in effect, for the payment of Is. 6d. a week to persons aged 70 and over, with a means test of 4s. a week. By the amendment in 1942 2, the age at which pensions might begin was lowered to 68 and the allowance increased to 2s. a week. By a further amendment in 1945 3 , the means test was raised to 5s. a week and the pension rate increased to 3s. a week. By further amendment in 1949 4, the means test was raised to B.W.I. $1.75 and the pension rate to B.W.I. $1.20.6 In 1945 it was estimated, prior to the amendment of that year, that some 6,200 persons were receiving old-age pensions, involving expenditure of about £34,000 a year ; the 1945 amendment was estimated to raise the cost of old-age pension payments to £50,000 a year. In Trinidad provision is made 6 for the payment of a pension of $3.00 per month from the age of 65 to persons resident for twenty years in the colony whose means are less than $6.00 per month ; 16,621 persons were drawing pensions under this law in 1945. 7 1 No. 48 of 1937. No. 8 of 1942. 3 No. 18 of 1945. * No. 27 of 1949. 6 The British Guiana dollar and the British West Indian dollar have an exchange value of 4s. 2d. sterling. 6 Cap. 13, No. 5 of 1940 Edition of Laws. 7 Since 1944, a temporary war allowance amounting to a maximum of $2.00 has been available in addition to the basic pension. 2 268 LABOUR POLICIES IN THE WEST INDIES Provision is also made in British Guiana. 1 Payment of a pension is made conditional on the following requirements : the claimant must have attained the age of 65 years, must have been a British subject for at least ten years immediately preceding the claim, must have been ordinarily resident in British Guiana during the twenty years immediately preceding the claim, and must satisfy the appropriate authority that his monthly income does not exceed $4.50 if he is ordinarily resident in the Georgetown area, or $3.50 if he is ordinarily resident elsewhere in the colony.2 Claims are to be in writing, and an appeal may be made from the decision of the pensions authority to an appeal board, which the Ordinance empowers the Governor-in-Council to constitute if any claim is refused and the claimant desires to appeal. Pensions commence to accrue at the end of the month on which the claim is received by the appropriate authority or at the end of the month after the date on which the claimant first becomes entitled to the pension, whichever date is the later. The amount of pension payable is $3.60 a month if the beneficiary is ordinarily resident in the Georgetown area and $2.40 a month if he is ordinarily resident elsewhere in the colony. The Governor-in-Council may, by regulation, prescribe the times, places and manner of payments. Persons who are inmates of any public or charitable institution which provides board and lodging without charge, who are absent from British Guiana or are undergoing imprisonment are disqualified from receiving or continuing to receive a pension, notwithstanding fulfilment of the statutory conditions. Pensions are not to be assignable. A penalty for false statements is provided, and the liability to refund sums paid when the pensioner was not entitled to pension is established. The number of persons drawing old-age pensions was 8,800 at 31 December 1947 and approximately 8,900 at 31 December 1948. Similar provision has been under consideration in Bermuda. In Puerto Eico, Act No. 205 of 1938 established a Commission for Old-Age Assistance and a special fund to assist the aged. Conditions for receipt of pensions were : (a) residence for five years out of the previous nine in Puerto Eico including 1 Old-Age Pensions Ordinance, No. 17 of 1944, 3 June 1944. The British Guiana dollar and the British West Indian dollar have an exchange value of 4s. 2d. sterling. 2 SOCIAL SECURITY AND BELATED PROVISIONS 269 residence in the whole of the previous year, and (b) a person applying for such a pension should have reached the age of 60. Persons in receipt of an annual sum exceeding the old-age assistance allowance, were excluded from the provisions of the Act. Pensions were to range from $10 to $20 a month according to means and needs. By an amendment in 1940 the minimum age for benefit was raised to 65 and it was provided that cases were to be investigated by the Division of Public Welfare of the Insular Department of Health. Provision for a minimum of $10 per month was deleted. Classification of the indigent for the purpose of determining the size of their pensions was to be made after consideration of any property they owned, the means of persons lawfully obliged to support them, their age and degree of physical disability. A further amendment of 1941 was designed to permit utilisation of any funds forthcoming under the Federal Social Security Act. The Commission was, however, abolished by Act ~No. 95 of 12 May 1943 and its functions transferred to the Bureau of Public Assistance of the Division of Public Welfare. Over 3,700 persons were receiving old-age assistance at the time of the transfer. Subsequent operations of the Division of Public Welfare in this regard have been summarised earlier in the present chapter. In its estimates for the year 1949, the Government of the Netherlands Antilles made provision for the allocation of a subsidy of 76,590 guilders for the care of aged persons to religious institutions engaged in social welfare activities. Child Welfare Assistance The general question of social welfare services for children and young persons is considered elsewhere.1 Attention is confined here to arrangements for providing financial assistance or its equivalent to those who have not yet reached the age at which they may engage in gainful employment. In the British dependencies, policies pursued have been markedly shaped by the high incidence of illegitimacy and other aspects of the family structure. Provision of meals to schoolchildren is widespread, but the principle has been adopted— i Cf. Chapter VI. 18 270 LABOUB POLICIES IN THE WEST INDIES . . . that a payment should be made for every meal, whether of its full or part cost, and that payment for children, whose parents could afford nothing, should be met by voluntary and charitable organisations. This should prevent the abuse of the provision of free meals and preserve a valuable element of private benevolence in the appropriate field. Intention is that meals should ultimately be provided for all children who need them, payment1 up to the full cost being adjusted to the ability of the parent to pay. In Barbados, Trinidad, and a few smaller dependencies, free meals are provided in a limited number of cases by the Government. The official attitude is that, because of existent family patterns, out-door relief given to mothers for their children requires careful supervision since, where whole families are in need, only a small part of such relief may reach the children concerned ; when providing for illegitimate children, family responsibility may be undermined rather than assisted. Institutional care for orphan children has received attention. Child Welfare Leagues and Maternity Leagues variously designated, exist in most dependencies and include in their programmes ante-natal care, day nurseries and general maternity care. I n P u e r t o Eico, child welfare assistance is p r o v i d e d u n d e r the Federal Social Security Act, as noted above, and provision is also made from insular funds. Arrangements in the Virgin Islands are at present deficient, but would be decidedly improved should the projected extension of the relevant Titles of the Federal Social Security Act be effected. Federal programmes in Puerto Eico include : (a) assistance for maternal and child health, aspects of which are mük stations and pre-natal and child health clinics ; (b) emergency maternity and infant care for wives and infants of enlisted men ; (e) appropriations to crippled children's agencies to locate such children and provide them with medical services and care, and (d) grants for the protection and care of dependent, homeless and neglected children through child welfare services. The services provided under Title IV of the Social Security Act—Aid to Dependent Children—is one of the additional categories which it is now proposed to extend to Puerto Eico—and to the Virgin Islands. Two insular laws, No. 17 of 1933 and No. 267 of 1938, provide for aid to dependent children, and about $55,000 is now spent annually in accordance with the provisions of the latter law. Institutional care 1 Development and Welfare in the West Indies, 1940-1942, op. cit., p. 69. SOCIAL SECURITY AND RELATED PROVISIONS 271 is also provided for children under twelve ; only about 5 per cent, of those in regard to whom application is made for such care can be accommodated. The activities of the Bureau of Maternal and Infant Hygiene, Division of Public Health, include the examination of children by physicians free of charge and other forms of medical assistance including the treatment of crippled children. In the Virgin Islands there were until recently practically no resources for dependent or delinquent children except of a private character, but the improved financial position enabled the newly established Department of Social Welfare to initiate arrangements for the institutionalisation of delinquent boys. Under the 1949 estimates, the Government of the Netherlands Antilles made the following provision for subsidies to religious institutions which occupy themselves with social welfare work for the purposes stated : Care of disabled children Care of orphans . . . . 20,000 guilders 8,700 guilders PLANNING AND PROSPECTS The variety and extent of the social security proposals at present, or recently, under consideration in the West Indies indicate the existence of a substantial body of opinion which regards work in this field as necessary and urgent. In Jamaica, a Social Security Committee, which has not yet reported, was appointed in 1943 to examine the Beveridge Plan, to report on such of its aspects as could be made applicable to Jamaica, and to recommend such schemes of social security as might be considered advisable and expedient. This Committee has given special attention to the practicability of introducing old-age pensions. In June 1945 the Barbados House of Assembly requested the Government in an Address " to appoint a Committee to consider and make recommendations for a Social Security Scheme on the lines of the Beveridge Plan". Such a Committee was appointed but has not yet repprted. In Trinidad unemployment and health insurance proposals have recently been examined, although the conclusions reached have not yet been made public. In the Leeward Islands a scheme of health insurance on a contributory basis for non-established Government employees has been prepared, and a Committee has been appointed to consider and advise the Government in regard to old-age pensions. 272 LABOUR POLICIES IN THE WEST INDIES : A Puerto Eican Senate Bill of 24 March 1944 proposed a comprehensive and unified social security scheme covering workmen's compensation, unemployment compensation, contributory health and maternity insurance and old-age, invalidity and survivors' insurance. The whole scheme was to be administered by a Division of Social Insurance in the insular Labor Department. The 1948 and 1949 legislation introducing an employment social security scheme for the sugar industry provided that enquiries should be undertaken into the possibility of extending similar arrangements to other industries. The effort to introduce as full a measure of social security arrangements in the French West Indies as is practicable in local conditions, is witnessed by the study undertaken by the mission of enquiry of the French National Assembly, to Which reference has been made earlier in this chapter. In the Netherlands Antilles in 1949, a Committee, under the chairmanship of the Director of Social Affairs, was appointed to examine the question of the revision and extension of existing arrangements, and a social insurance expert from the Netherlands visited the territory and prepared a report to the Governor on the same question. The report of the expert recommended the setting up of a Social Insurance Bank, with a Board of Directors of a tripartite character, to bear the risks of the accident and sickness compensation schemes in place of t i e Government *, the Bank might, at a later stage, take over the administration of the schemes. The expert also recommended that unemployment, old-age and invalidity insurance should be introduced only on a contributory basis, but gave no detailed plans for the institution of such schemes because of the absence of adequate data. The Committee recommended the combination of the accident and sickness compensation schemes, and made recommendations on the desirable lines on which a contributory old-age pension scheme might be introduced. General economic and social conditions in the West Indies, however, necessitate a certain degree of caution in applying to these territories systems devised in the first instance for industrialised and relatively prosperous communities. Adequate actuarial analysis does not appear to have been utilised in regard to the wider schemes above noted. Comment by the Jamaica Economic Policy Committee, 1945, on social security prospects in that territory suggests other considerations for SOCIAL SECURITY AND BELATED PEOVISIONS 273 which allowance must be made. The Committee recommended the introduction of a system of non-contributory old-age pensions at the rate of 4s. Od. a week to persons over 70, subject to a means test, but expressed opposition to any Government schemes for insurance against sickness or unemployment which would involve the payment of money benefits on the following grounds : A considerable number of workers, whether from ill-health or malnutrition or disinclination, seem to aim at a weekly wage of 10s. or 15s., and to do just enough work to earn that amount. It appears to us that, if money benefits (of, say, 10s. Od. per week) were available to the sick or the unemployed, there would be a great increase in the numbers claiming to be sick or unemployed in order to draw this benefit. It may be urged that in some industries this would not happen. But if such schemes were introduced in some industries it would be difficult not to extend them to others, including agriculture ; and we fear that the consequence would be to reduce the amount of work done, thereby lowering output and thus keeping down the general standard of living.1 The Committee was also opposed to family allowances on the ground that the population was already large, relatively to resources, was growing rapidly and should not be encouraged to grow still faster. Throughout the West Indies, the administrative and psychological difficulties of the institution of contributory schemes has been remarked. The mission of enquiry for the French territories found that workers failed to turn up for work in order to avoid paying their social insurance contributions. The alteration of the basis of the original contributory employment security scheme for Puerto Eico is also significant. The Netherlands expert in the Netherlands Antilles considered that more advanced arrangements in that territory would be practicable only when workers were prepared to share in the costs of their institution. Clearly, the rate at which more advanced social security arrangements are introduced into the area will largely depend on the raising of standards of productivity and of earnings, since policy in territories other than the French West Indies does not envisage the subsidisation of local social security schemes from metropolitan funds. Detailed and expert examination of the circumstances of each territory would be required at different stages, in order to indicate how far 1 Report of the Economic Policy Committee (Kingston, Government Printer, 1945), p. 16. 274 LABOUR POLICIES IN THE WEST INDIES increased benefits might be secured with existing resources. Planning a long-term programme for the progressive adoption of a comprehensive social security system may well become a major preoccupation of West Indian Governments, paralleling their efforts to promote economic development and raise living standards. CHAPTEE V i l i LABOUR LEGISLATION The development in the West Indies of labour legislation along accepted modern lines is a well advanced, though recent and incomplete, process. In the British territories, measures taken to improve standards of labour legislation since the investigations of the West India Eoyal Commission and of the Labour Adviser to the Secretary of State for the Colonies 2 in 1938 and 1939 have been far-reaching. In the American areas, federal measures which form an important part of the body of social legislation introduced in the United States since 1932 have been extended to Puerto Eico, for example, the Fair Labor Standards Act and the National Labor Eelations Act, and in some instances to the Virgin Islands of the United States. Moreover, especially in Puerto Eico, the awakening of a keener social consciousness locally has played an important part in the development of territorial labour legislation. In 1942, the Commissioner of Labor, Puerto Eico, was able to state— More fundamental social-labor legislation has been enacted during this short period (i.e., from February 1941 to August 1942) than during the last forty years under the American flag.2 Since that date, very much further progress has been made. In Martinique, Guadeloupe and French Guiana, policy has been consistently directed towards the application, with minor modifications, of the labour and social legislation of metropolitan France. This process has been further accelerated by the attainment of the status of Departments by these 1 Cf. Colonial Office : Labour Supervision in the Colonial Empire, 1937-43, (London, H.M. Stationery Office, 1943). Cf. also Colonial No. 185, passim, for a British Government account of some of these developments. 2 Puerto Rico, Department of Labor : Annual Report of the Commissioner of Labor submitted to the Governor of Puerto Rico for the Fiscal Year ended June 30,1942 (San Juan, P.R., 1942), p. 9. 276 LABOUR POLICIES IN THE WEST INDIES territories. Before 1939 a very substantial proportion of French metropolitan labour legislation had been extended to all these areas, for example, the parts of the French Labour Code relating to apprenticeship, contracts of employment, the protection of wages, family allowances, placement, minimum age for admission to employment, hours of work, the prohibition of night work for women and young persons, holidays with pay, weekly rest, trade union rights, labour inspection, industrial health and safety, conciliation and arbitration and workmen's compensation. The principal omission at that date was the group of provisions relating to social security. As had been noted above 1 , the provisions are now in principle applied to the three Departments. The introduction of labour and social legislation in the Netherlands territories has proceeded at a more rapid pace since the end of the second world war than previously. I t is, however, to be noted that, while in some fields relatively advanced legislation has been enacted, in others the volume and scope of labour legislation in these territories are smaller than in other parts of the West Indies. The explanation of this position would seem to lie in part in the fact that, as is shown in the annual reports of the Netherlands Government on the application of International Labour Conventions to the Netherlands Antilles and Surinam, steps have not been taken to introduce legislation which appears to have little or no practical value in the circumstances of these territories at the present time, for example, legislation prohibiting the employment of women underground or at night. The present chapter is designed to trace the general pattern of labour legislation in the West Indies rather than to provide an exhaustive digest of such legislation. BRITISH TERRITORIES The minimum standard of labour legislation may be assumed to be that defined in the Colonial Development and Welfare Act, 1940. Under that Act, the Secretary of State for the Colonies is required to— . . . satisfy himself, in a case where the scheme provides for the payment of the whole or part of the cost of the execution of any works, that the law of the colony provides reasonable facilities 1 Cf. Chapter VII. LAB0X7K LEGISLATION 277 for the establishment and activities of trade unions, and that fair conditions of labour will be observed in the execution of works and in particular : (i) that the wages paid will be at not less than the rates recognised by employers and trade unions in the area where the works are to be executed, or, if there are no rates thus recognised, at rates approved by the person for the time being administering the Government of the colony ; and (ii) that no children under such age as may be appropriate in the circumstances, but not in any case being less than fourteen years, will be employed on the works.1 In this connection, a 1945 statement by the Secretary of State is worthy of note : It is true that both my predecessors and I did give a period of grace (as regards the trade union provisions of the Act of 1940). One could not expect, all over the colonial empire, to prescribe trade union laws to be passed immediately ; and to have enforced the full rigidity of the law would merely have meant that the inhabitants of the colonies might have lost some very valuable assistance. That period of grace is now over and I satisfy myself that these provisions are carried out before grants are made.2 Contracts of Employment, Entry into Employment and Migration Contracts of Employment. From the time of the abolition of slavery to comparatively recent years labour legislation mainly consisted of masters and servants laws regulating the rights and duties of employers and workers in a plantation economy where the employer retained control over much of the living as well as the working conditions of his labour force. These laws long remained on the statute book. Many of their provisions, however, fell into practical disuse with, on the one hand, the development of freer relations between employer and worker and, on the other, the absence of any adequate system of enforcement. The older laws originally contained penal sanctions 3 for breaches of contract, and usually included provisions prescribing the maximum intervals at which wages were to be paid, stipulating that wages be paid in cash, the attestation of written contracts, provision that contracts for an unspecified 1 The Colonial Development and Welfare Act, 1940, Cap. 40 of 1940. Parliamentary Debates, House of Commons, London, 16 Feb. 1945, Col. 5503 e.g., the Jamaica Law which dates from 1827. 2 278 LABOUR POLICIES IN THE WEST INDIES period were to be regarded as contracts for one month, requiring a certain period of notice in case of contracts for an unspecified period, the terms on which contracts might be terminated, and defined the general obligations of the two parties to each other. Almost generally the provisions for penal sanctions have been repealed. In many cases the earlier masters and servants legislation as a whole has also been repealed, leaving the regulation of the contract of employment subject to the ordinary provisions of the civil law and the regulation of details of employment to laws concerned with these matters as questions of general labour policy rather than as obligations under the plantation system. In some territories, however, legislation on contracts of employment remains and has been adapted to meet the obligations of the Contracts of Employment (Indigenous Workers) Convention, 1939, which was ratified by Great Britain in 1943. The British Honduras Ordinance and Begulations of 1943 1 are the most notable example of the retention of the system of contracts subject to adaptation on the lines of the 1939 Convention. Points in it are the requirements regarding written contracts ; the administrative details to implement the broad conditions set out in the Convention ; and the emphasis laid on the problem of regulating advances to workers and protecting wages. Article 8 of the Convention requires regulations to be made concerning the minimum age and the conditions under which non-adults may enter into contracts of service. These points are not covered in the Ordinance or Eegulations, previous legislation having fixed 12 years as the minimum age for general employment and 14 years for industrial employment and employment a t sea.2 The present Ordinance requires that every contract for more than three months shall be in writing ; the corresponding period in the text of the Convention is six months (Article 3), so that in this respect the Ordinance goes beyond the minimum requirements of the Convention. While in other fields of employment in British Honduras contracts for service may be attested by an appointed attesting officer, a justice of the peace, magistrate, registered medical 1 Employers and Workers Ordinance, 1943, No. 6 of 1943, 17 Apr. 1943 ; Employers and Workers Regulations, 1943, 27 July 1943 (S.R.O., No. 46 of 1943). 2 Of. Employment of Women, Young Persons and Children Ordinance, 1933, No. 12 of 1933 ; Employment of Children Ordinance, 1940, No. 8 of 1940. LABOUR LEGISLATION 279 practitioner or clergyman, contracts for service in the chicle, agricultural and timber industries may be attested only by an appointed attesting officer and must follow a prescribed pattern. In the case of workers to be employed outside the colony, attestation must take place before an attesting officer at certain named places ; a written application with details of the proposed employment must be made to the Colonial Secretary, who at his discretion may grant or refuse permission or add further conditions, and a bond must be furnished by the employer to the Colonial Secretary for observance of the Ordinance and Eegulations if such permission is granted. In all cases where ten or more workers are employed, medical supplies must be furnished by the employer in accordance with a prescribed scale. When a contract stipulates that the employer shall furnish a worker with rations, such rations must as a minimum be those specifically prescribed. When contracts stipulate, in operations of a temporary nature either in the chicle or in the timber industry or in agriculture, that the employer shall provide accommodation, such accommodation must meet certain specific requirements. Provision is also made in the legislation for the application of the requirements of the Convention in regard to medical examination, transport, the duties of attesting officers, and the termination of the contract. The Convention provides no set maximum period of contract. The British Honduras Ordinance, however, prescribes a maximum term of one year which corresponds with the I.L.O. Recommendation on this subject. Important features of the 1943 legislation are those providing for the protection of wages, which will be mentioned below under that heading. In 1943 the British Government ratified the Penal Sanctions (Indigenous Workers) Convention, 1939, which provides for the immediate abolition of penal sanctions in the case of non-adults and for progressive abolition in the case of adults. Previous legislation in British Honduras, repealed by the present Ordinance, contained a number of penal sanctions, carrying in some cases the penalty of imprisonment up to 28 days. Nevertheless, the new Ordinance provides that, in the case of a breach of contract by the worker, he shall forfeit and pay to the use of the employer reasonable compensation for any loss or damage suffered by the employer by reason 280 LABOUR POLICIES IN THE WEST INDIES of the worker's breach of contract. It also provides that a worker who has obtained an advance on his wages and unlawfully absents himself before the advance has been repaid shall be liable to a fine not exceeding 20 dollars or to imprisonment with or without hard labour for a term not exceeding one month. In the light of experience in the operation of these provisions the following changes have been under Government consideration in British Honduras : additional provision for the care and maintenance of sick or injured workers at the place of employment ; a requirement that the employer provides an adequate supply of drinking water at labour camps ; further curtailment of the system of wage advancement ; generally increased inspection powers for the Labour Officer including authorisation of the Labour Department to require statistical returns from the employers ; authorisation of the Governor-in-Council to make regulations restricting the hours of work in any industry or occupation ; and provision enabling Medical Officers to inspect rations, medical supplies and housing accommodation. Emigrants' Protection. Simple provisions for the protection of emigrants, in particular of emigrant manual labourers, were widespread in the British Caribbean prior to the enactment of legislation to implement the Eecruiting of Indigenous Workers Convention, 1936. 1 Much of this legislation has now been repealed in territories in which it is considered that the purposes such legislation was designed to serve are more adequately achieved in the legislation applying the Convention. I n some instances the original legislation still remains in force to govern emigration to certain specified countries ; in Jamaica, for example,. the Becruiting of Workers Law contains express provision to this effect. Typical requirements under the various Emigrants' Protection Laws are written contracts and the authorisation of the Governor to hire workers. The Leeward Islands Act empowers the Governor to prohibit emigration to places outside the colony where labour conditions are unsatisfactory. 2 1 2 e.g., Dominica, St. Vincent and British Guiana. No. 9 of 1924. LABOUR LEGISLATION 281 Recruiting of Workers. Legislation regulating the recruiting of workers in accordance with the provision of the Eecruiting of Indigenous Workers Convention, 1936, is in force in the Bahamas, Barbados, Jamaica, Trinidad, all the Windward Islands, the Leeward Islands, British Guiana and British Honduras. The recruiting of workers for employment in the United States was negotiated in the light of these laws and of the Convention. In regard to Bermuda, the only territory without such provision, it is stated that " no recruiting of the kind envisaged by the Convention exists or is likely to be adopted 1 ," and no steps have therefore been taken to pass such legislation. As this body of legislation is designed to enact provisions already explicitly formulated (in the Convention), and as a model draft Ordinance prepared in the Colonial Office was the basis for much of it, the laws adopted bear a close family resemblance, with divergence only on points of detail. Its character may therefore be well indicated by a summary of the Jamaica law, with a note on some points in regard to which there are differences of substance. The Jamaica Eecruiting of Workers Law, 1940 2 , states that— a person recruits within the meaning of this Law who by himself or through others, procures, engages, hires or supplies or undertakes or attempts to procure, engage, hire, or supply workers for the purpose of being employed by himself or by any other person, so long as such worker does not spontaneously offer his services at the place of employment or at a public emigration or employment office or at an office conducted by an employers' organisation and supervised by the Government of the island. Persons who recruit workers are to be licensed. A licensing officer may in his discretion issue a licence—(a) if he is satisfied that the applicant is a fit and proper person to be granted a licence, (b) if the prescribed security has been furnished, and (c) if he is satisfied that adequate provision has been made for safeguarding the health and welfare of the workers to be recruited. Persons under the age of 18 may not ordinarily be recruited, but the Governor may by regulation permit persons under that age, but of or above the age of 16, to be 1 2 Labour Supervision in the Colonial Empire, op. cit., p. 23. No. 30 of 1940. 282 LABOUR POLICIES IN THE WEST INDIES recruited, with the consent of their parents or guardians, for employment upon light work subject to such conditions as he may prescribe. Becruited workers are to be brought before a Justice of the Peace who shall satisfy himself t h a t the provisions of the law have been observed, and that the worker has not been subjected to pressure or recruited by misrepresentation or mistake. Provision is made for the medical examination of workers and for the payment by the recruiter or employer of the expenses of the journey of recruited workers to the place of employment and of their families in cases where the latter are permitted to accompany them. The circumstances under which recruited workers and/or their families are required to be returned to their homes at the expense of the recruiter or employer are specified. Exemptions are made in regard to : (i) the recruiting of workers by or on behalf of employers who do not employ more than ten workers ; (ii) the recruiting of workers within 20 miles of the place of employment ; (iii) the recruiting of personal or domestic servants or non-manual workers, unless such recruiting is done by professional recruiting agents. The law does not apply to the recruitment of workers for countries proclaimed by the Governor under the Emigrants Protection Law. Penalties are provided for contravention of the Recruiting Law. The chief points on which departure is made from the above provisions in the legislation of other territories are concerned with (i) the minimum ages specified, and (ii) the exemptions permitted. In Barbados the minimum age is set at 16 ; in Trinidad at 18, with provision for light work between the ages of 14 and 18 ; in the Leeward Islands, British Guiana, Dominica and St. Vincent, the ages set correspond to those in the Jamaica Law. The Leeward Islands Act exempts recruiting in any Presidency for work in the same Presidency. Under the British Guiana Ordinance, the recruiting (i) of workers by or on behalf of employers who do not employ more than 50 workers, or (ii) of personal or domestic servants or non-manual workers is excepted, unless such recruiting is done by professional recruiting agents. Some laws, e.g., those of Dominica and St. Vincent, contain provision requiring shipping agents and the masters of ships to co-operate in making the legislation effective and empower police officers to search ships for the same purpose. LABOUR LEGISLATION Employment 283 Exchanges. Only in a few cases has special legislation been adopted for the establishment of Employment or Labour Exchanges. The need for such machinery has in practice brought about its introduction in other cases. In Trinidad, permissive legislation was enacted as long ago as 1919.1 Under the Ordinance, Labour Bureau Eegulations were issued in 1944. Under a 1944 Ordinance in British Guiana 2, the Governor is empowered to establish and maintain employment exchanges for the purpose of collecting and furnishing information regarding employers requiring workpeople and workpeople seeking engagement or employment. All such exchanges are to be under the control and general superintendence of the Commissioner of Labour. The expenses of these exchanges are to be met from funds voted by the Legislative Council. The Governor in Council may make regulations with regard to the management of employment exchanges ; or to authorise the making of advances by way of loan to meet the expenses of workpeople desiring to travel to places where work has been found for them by the employment exchange ; to prescribe limits for any such loans and to attach conditions to such advances ; and generally to give effect to the purposes of the Ordinance. Persons knowingly making false statements to officers of an employment agency for the purpose of obtaining employment become liable to a fine. I t is specifically provided that no person shall suffer any disqualification or be otherwise prejudiced on account of his refusal to accept employment found for him through an employment exchange where the ground of his refusal is that a trade dispute which affects his trade exists, or that the wages offered are lower than those current in the trade in the district where the employment was found. Industrial Relations Provisions regarding the conditions of establishment and legal activities of trade unions and conciliation and arbitration machinery for the prevention and settlement of trade disputes are considered here. In addition, there have been a number 1 The Labour Bureau Ordinance, Ch. 22, No. 2. Employment Exchange Ordinance, No. 21 of 1944, Official Gazette of British Guiana, 29 July 1944. 2 284 LABOUR POLICIES IN THE WEST INDIES of wartime regulations prohibiting strikes and lockouts in " essential " industries, which, being, it is presumed, due for early withdrawal, are omitted, although it will be realised that their operation has necessarily limited the freer procedures of the peacetime system. 1 Freedom of Association. There can now be said to be widespread agreement, generally speaking, as to the minimum legal provision required to ensure reasonable facilities for the establishment and activities of trade unions in British non-metropolitan territories. The requirements of the Colonial Development and Welfare Act in this regard have brought about not merely a certain uniformity of legislative practice but a distinct advance in the standards obtaining. With a few exceptions older legislation has been amended with these ends in view, and recent legislation has, in general, been comprehensive in character. The provisions of the Grenada Trades Unions and Trades Disputes Ordinance, 19432, offer an illustration. The purposes of a trade union are not to be deemed criminal or unlawful for civil purposes merely because in restraint of trade. The registration of trade unions is made compulsory and the conditions relating to registration are laid down. Trade unions are guaranteed immunity from actions of tort, and the Ordinance defines " conspiracy " in relation to trade disputes. Interference with another person's business " in contemplation or furtherance of a trade dispute " is not to be actionable per se. Peaceful picketing is recognised ; intimidation is defined and prohibited. As originally drafted, the legislation governing freedom of association in the British West Indies provided a special definition of intimidation in relation to picketing and in a number of cases included express stipulations restricting or prohibiting the use of general trade union funds for political purposes. The Grenada Ordinance above cited, for example, made it lawful for one or more persons to attend at or near a house or place where a person resides or works or carries 1 It is to be noted, however, that in February 1949, the Government of British Guiana extended the practical coverage of the British Guiana Trade Disputes (Essential Services) Ordinance of 1942 by Order-in-Council. 2 No. 6 of 1943, amended by Ordinance Nc. 5 of 1948. A BUI was introduced in June 1951 to consolidate and amend the trade union and trade disputes legislation of Grenada. LABOUR LEGISLATION 285 on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information " or peacefully persuade any person to work or abstain from working ", whereas it was an offence so to attend " in such numbers or otherwise in such manner as to be calculated to intimidate in that house or place, or to obstruct the approach thereto or egress therefrom, or to lead to a breach of the peace ". With the repeal of related provisions in United Kingdom legislation, namely, the Trade Disputes and Trade Unions Act, 1927, amending legislation in the West Indies has deleted the clauses relating to the use of trade union funds for political purposes and defining "' intimidation " : the latter term will henceforth have its Common Law sense, which is less restrictive in respect of picketing. The Bahamas law, enacted in 1943 1 , does not conform to modern conceptions and practice ; for example, it excludes agricultural and domestic workers from its scope. Until 1946, Bermuda had no trade union legislation, properly so called ; in 1941, the House of Assembly rejected a Trade Union Bill drafted on the advice of the Colonial Office. At present, while the Bermuda Trade Union and Trade Disputes Act, 1946 2, contains most of the protective provisions of legislation on this subject in the British West Indies, it stipulates that strikes and lockouts are illegal if having any object other than or in addition to the furtherance of a trade dispute within the trade or industry in which the strikers or employers locking-out are engaged or if it is designed or calculated to coerce the Government either directly or indirectly or by inflicting severe hardship upon the community. Trade Disputes.3 The provisions adopted in Barbados, Jamaica, Trinidad, the Windward Islands and British Honduras are almost identical. All this legislation has been enacted in or since 1939. As an example, the British Honduras Ordinance of 1939 4 provides for the establishment of an Arbitration Tribunal, consisting of one or more arbitrators, with or without assessors nominated in equal numbers by the employers and 1 2 3 4 The Trades Union Act, 1943, No. 9 of 1943. No. 61 of 1946. There is no legislation in the Bahamas covering this question. The Trade Disputes (Arbitration and Enquiry) Ordinance, No. 3 of 1939. 19 286 LABOUR POLICIES IN THE WEST INDIES workers concerned and appointed by the Governor, who is also to determine the size of the Tribunal. Eecourse to the Tribunal in the event of a trade dispute is voluntary ; the Tribunal cannot act until the Governor is notified of a dispute, existing or apprehended, and thinks fit, with the consent of both parties, to refer the matter to it for settlement'. The Arbitration Tribunal, from which there is no appeal, is the final source of interpretation of its award. The Governor is also empowered to appoint a special board to enquire into the causes and circumstances of any dispute and to investigate and report on any aspect of a dispute. He may also refer any matter connected with the economic or industrial conditions in the colony to the board for enquiry and report. In British Guiana, under the Labour Ordinance of 1942, the Commissioner of Labour is empowered, where a difference exists or is apprehended between an employer, or any class of employers, and employees, or between different classes of employees to (a) enquire into the causes and circumstances of the difference ; (b) take such steps as to him may seem expedient for the purpose of promoting a settlement of the difference, and/or (c) with the consent of both parties to the difference refer the matter for settlement to the arbitration of one or more persons appointed by the Governor-in-Council. In the Bahamas, a 1946 A c t 1 provides for the appointment of a Labour Board of five members, two of whom are to be members of the House of Assembly not being members of the Executive Council nor holding an office of profit under the Crown. Where any labour dispute, whether existing or apprehended, comes to the notice of the Board, the Board, on the application of either party, or on its own behalf, should take steps to make its services available to both parties and shall enquire into the cause of the dispute with a view to conciliation, especially having regard to the hours and conditions of work and regulation of wages and to report thereon to the Governor-in-Council. The Act also empowers the Governor to appoint a Labour Officer whose functions are defined. The disputes provisions of the Bermuda Trade Union and Trade Disputes Act, 1946, have been summarised above. Two complementary laws relating to the settlement of labour disputes were enacted by the Government of Bermuda 1 The Labour Board Act, 1946. No. 1 of 1946. LABOUR LEGISLATION 287 in 1945.1 The Labour Board Act establishes a Labour Board consisting of not less than five nor more than nine members. Where any labour disputes, whether existing or apprehended, come to the notice of the Board, the Board on the application of either party to the dispute or on their own initiative shall take immediate steps to make their services available to both parties and shall take such steps as are practicable to enquire into the causes of the dispute and to promote a speedy, just and lasting settlement. The Board is also required to collect information, to prepare statistics, acts as an employment agency and to submit reports when so required by the Government, " relating to the rates of wages, working hours and other terms and conditions of employment prevailing from time to time . . . with respect to the employment of workmen of various classes or grades ". The Labour Disputes (Arbitration and Enquiry) Act is similar in substance to t h e t r a d e disputes legislation n o t e d above as in force in Barbados, Jamaica and other Caribbean territories. The emphasis placed on conciliation in labour disputes and some of the operations undertaken with a view to conciliation have been treated in Chapter IV on the machinery of industrial relations. Industrial Health and Safety A British Government White Paper summarises the pre-war factories legislation position in British territories in the following terms : Prior to the war, legislation, as such, had been enacted in only a small number of colonies, and not many full-time factory inspectors had been appointed. Provision for the inspection of factories and for their proper cleansing, ventilation and lighting was made in the Public Health Ordinance of most colonies. There were numerous simple laws dealing with such matters as the inspection of boilers and the fencing of dangerous machinery, and nearly every colony has passed legislation regulating the employment of women, young persons and children in industry on the lines of the international labour Conventions on the subject. In some colonies, regulations dealing with employment in dangerous, offensive or unhealthy occupations had been passed.2 1 The Labour Board Act, 1945, No. 42 of 1945 ; the Labour Disputes (Arbitration and Enquiry) Act, 1945, No. 43 of 1945. In 1951, under the Public Utility Undertakings and Public Health Services Arbitration Ordinance, No. 3 of 1951, a system of compulsory arbitration was introduced in Grenada in the case of trade disputes occurring in the Services mentioned. 2 Labour Supervision in the Colonial Empire, op. cit., p. 21. 288 LABOUR POLICIES IN THE WEST INDIES Both Major Orde Browne and the West India Eoyal Commission drew attention in 1939 to the need for improved factories legislation. On 6 November 1939 a circular despatch was addressed to all British Colonial Governments emphasising the importance of the question, and asking them to re-examine their legislation in the light of the United Kingdom Factories Act of 1937. In 1940, the first Factory Law along the proposed new lines was enacted in Jamaica. Legislation has subsequently been enacted in Dominica (1941), British Honduras (1942), St. Lucia (1943), St. Vincent (1943 and 1947), Trinidad (1946), British Guiana (1947), Barbados (1947), Grenada (1948) and the Leeward Islands (1948). The laws of the last three territories named are not yet in force. In Bermuda and the Bahamas, legislation regarding factories is limited to provisions regarding their cleanliness and sanitation contained in the Public Health Acts of the two territories. The Dominica Factories Ordinance, 1941, is simpler than the legislation so far adopted in the other territories. I t provides for the appointment of a Factories Board, which is to include in its membership the Senior Medical Officer of the colony and the Colonial Engineer, with a Factories inspector as secretary. The supervision of all factories and machinery in the colony is to be exercised by the Board, and, subject to their directions in writing, by any accredited inspector or inspectors. The Governor is empowered to make rules covering the health and safety of persons engaged in factories or on machinery, the prevention of accidents, hours of employment in factories, the regulation of dangerous trades, the construction of factories, and the appointment of inspectors to carry out the provisions of the Ordinance. The Factory Laws enacted in the other territories mentioned are largely similar in substance. A summary of the Jamaica Factories Law, 1940, will illustrate the content of this body of legislation. The law provides for the appointment of a Chief Factory Inspector and other inspectors whose task will be the supervision of all factories and of all machinery in the island. A Factories Appeal Board is established for the purpose of hearing and determining appeals from the decision of the Chief Factory Inspector in accordance with the provisions of LABOUR LEGISLATION 289 the law. The most significant difference from the requirements of the Dominica Ordinance is the provision for compulsory registration of factories. Every existing factory and every new factory is to be registered. From and after the coming into operation of the law, every person intending to erect or cause to be erected a new factory is required to obtain a permit from the Chief Factory Inspector by means of a written application, which must be accompanied by certain stipulated information in regard to its structural arrangements and the machinery to be installed. The Governor-in-Executive-Council is empowered to make regulations for giving effect to the purposes of the law, and for the purpose of ensuring the health or safety of persons who are employed in any factory or in connection with machinery. Provision is also made for the right of entry of accredited inspectors, the reporting of accidents to the Chief Factory Inspector is made compulsory, and penalties are provided for infringement of the law's requirements. Under the terms of the recently enacted Factory Laws which have come into force, regulations regarding safety requirements in specific industries have begun to be issued. The position in Trinidad, the most industrially developed of the British West Indian territories, may be noted. In December 3948 there were issued the Boilers Regulations and the Air Pressure Containers Regulations, providing for the appointment of persons competent to make periodic examinations and report on the condition of steam boilers and air pressure containers and making other provisions relating to the safe operation of these vessels. Early in 1949, the Factories (Cleaning of Machinery in Motion) Order was made and the Government gave notice of its intention to issue Woodworking Machinery Regulations. Under the Oil Mining and Refining Ordinance and the Petroleum Ordinance, Oil Tanks Regulations were also issued in 1949, replacing 1935 Regulations. Social Insurance and Assistance Legislation falling within this category is examined in connection with the problems of social insurance and assistance in Chapter VII. 290 LABOUR POLICIES IN T H 3 WEST INDIES Employment of Women and Juveniles In the territories under survey the most usual provisions relating to children and young persons concern their minimum age for entry into various forms of employment and the prohibition of night work until a fixed minimum age has been reached. The most usual provision regarding women is the prohibition of their employment on night work. Legislation stipulating a minimum age in connection with, for example, the recruiting of workers, is noted under the relevant heading. Juveniles. The following table summarises the principal standards in force under existing provisions. MINIMUM AGE REQUIREMENTS UNDER IN BRITISH WEST Colony General employment 14 — — Leeward Islands 12 12 12 14 14 14 14 14 12 PRESENT LEGISLATION INDIES Sea Industry 14 14 14 14 — — 15 14 14 14 14 14 14 14 14 15 14 14 14 14 14 14 14 14 Night work (industry) 16 16 16 18 l 18 ! 18 ! 16 16 16 16 18 ! 1 It should be noted that, in these territories, the minimum age is reduced to sixteen where continuous processes are involved, for example, the manufacture of raw sugar. The provisions for a general minimum age may allow, either explicitly or implicitly, for regulations permitting light agricultural employment for the parents. Other general limitations fix a minimum age of eighteen years for admission to employment as trimmers or stokers and provide for compulsory medical examination for employment at sea of young persons under eighteen. These maritime provisions result not from local legislation but from extension of the United Kingdom Merchant Shipping Acts by Imperial Orders-in-Council to the LABOUR LEGISLATION 291 territories concerned. In various territories there are special provisions concerning a particular industry, dangerous operations or the relation of employment to school work. Thus, in the Bahamas the employment of children under 14 years of age is prohibited in sponge and turtle fishing ; in Trinidad the employment is prohibited of young persons under 18 on oil tanks and of male young persons under 16 on derricks during drilling operations ; in St. Vincent no young person under 18 may clean any dangerous part of a machine in motion ; in St. Lucia and British Honduras there are detailed provisions regarding the employment of children between 12 and 14 on school days. Some of these points have been taken up in the chapter on Women and Children. Women. Provision for the prohibition of night work in industry exists in the legislation of the following territories : Barbados, Jamaica, Trinidad and Tobago, the Leeward Islands, all the Windward Islands, British Guiana and British Honduras. In Barbados the prohibition does not apply to night work in the sugar industry, but such employment is relatively infrequent. The general character of this legislation may be illustrated by a summary of the Jamaica Law, ïfo. 33 of 1941. This law defines night work as work in an industrial undertaking during any portion of a period of 11 consecutive hours including the hours of ten o'clock in the evening and five o'clock in the morning. It prohibits the employment of women in night work except in the following cases : (a) where it is necessary to complete work commenced by day and interrupted by some unforeseeable cause ; (b) where it is necessary to preserve raw materials, subject to rapid deterioration, from certain loss ; (o) a responsible position of management held by a woman who is not ordinarily engaged in manual work ; (d) work carried on in connection with the preparation, treatment, packing, etc., of fresh fruit ; (e) nursing ; (f) work in a cinematograph or other theatre ; (g) work in connection with a hotel or similar estabfishment ; (h) work carried on by a druggist. The law empowers the Governor to make regulations which may—(a) restrict or prohibit the employment of women in any specified class of industrial undertaking ; (b) restrict, prohibit or regulate the employment of women before or after 292 LABOUR POLICIES IN THE WEST INDIES childbirth ; (c) provide for the health and safety of women employed in industrial undertakings ; (d) prescribe the hours of work and other general conditions relating to the employment of women. The latter provisions of the Jamaica Law go beyond the other examples of this particular type of legislation *, but, as may be seen, are as yet only permissive in character, although 1942 regulations provide for special records of the hours worked by women. Laws also prohibit certain occupations to women in cases particular to the territory. In British Guiana and British Honduras the underground employment of women is prohibited. In Trinidad employment was prohibited on oil tanks and on any derrick floor during drilling operations, but, by a 1949 amendment to the relevant regulations, the first prohibition is limited only to women under 18 years of age. In St. Lucia no woman may be allowed to any dangerous part while machinery is in motion, and generally the more recent factory laws contain provisions permitting special measures of protection for women. Apprenticeship. In the British West Indies the opportunity for young workers to graduate in a craft by way of apprenticeship is generally very limited. Apprenticeship is provided for in law, in some cases antiquated, in several territories, but in only one (Trinidad) is there an effectively applied indenture system accompanied by organised evening classes and a junior trade school under a Board of Industrial Training. Barbados has a Board of Industrial Training but no classes ; the entire status of vocational training in this territory has for some time been under examination by a Committee. Jamaica provides classes in a technical school but the indenture system has not been universally applied. Provisions relating to apprenticeship also exist in the legislation of the Bahamas, Bermuda, British Guiana, British Honduras and the Leeward Islands. The British Honduras Act dates from 1868. I t refers only to the settlement of disputes between master and apprentice. The 1 An exception is St. Lucia. In this territory, the Employment of Women Ordinance, 1946 (No. 8 of 1946), gives the Governor similar powers and in addition includes imposition on the employer of the requirement to pay fees for medical examination of employed women where necessary. LABOUR LEGISLATION 293 regulation of apprenticeship is under the common law. The Bermuda Apprenticeship Bonus Act of 1937 is very limited in its scope. In British Guiana, the Labour Ordinance of 1942 specifically includes apprentices along with other workers in its general provisions regarding wages and hours and the Industrial Training Ordinance, 1910 (Cap. 194), provides for the establishment of a Board of Industrial Training. This Board, however, is not functioning at present. A committee which examined apprenticeship problems in Jamaica and reported in 1944 recommended the enactment of a new and comprehensive Apprenticeship Law which should include provisions for the establishment of an Apprenticeship Board in which would be vested responsibility for the administration of the law and necessary regulations thereunder. 1 Hours and Wages Minimum Wage Fixing.'1 The British Government's latest policy announced in 1944 on minimum wage fixing is contained in the following statement : The policy adopted in the colonies generally speaking has been, as in this country, to encourage the effecting of wage adjustments by means of collective bargaining and any domestic machinery for this purpose set up within the industry concerned, and only to have recourse to the powers conferred by the minimum wage legislations when negotiations between employers and employees have failed. Minimum wage fixing legislation exists in all the territories under consideration except Bermuda. Much of this legislation is recent, repealing earlier and simpler permissive legislation which merely, in effect, empowered the Governor to fix a minimum wage for any occupation in any district in which he was satisfied that the wages paid were unreasonably low. This power in practice was little used, partly in the belief that the development of collective bargaining might be prejudiced. Some of the new legislation represents only a slight advance over the earlier situation, and was apparently designed to make provision in this connection for the utilisation of newly formed or reconstituted Labour Departments. 1 A Bill designed to give effect to the recommendations of this Committee (cf. Chapter VI above) was introduced in the Jamaican Legislature in January 1951. 2 Cf. Chapter V for an account of orders and regulations applying the general legislation here summarised. 3 labour Supervision in the Colonial Empire, op. cit., p. 13. 29á LABOUR POLICIES IN THE WEST INDIES The machinery and procedures under present arrangements may be divided into three classes : (i) simple permissive legislation related to the work of the general Labour Advisory Board for the territory with no provision for special Boards for particular industries ; (ii) permissive legislation with procedures based on the investigations of Advisory Boards or Committees set up for particular industries or occupations, and (iii) Wages Boards legislation under which ad hoc Wages Boards fix rates for particular occupations, subject to the approval of the Governor. (i) Grenada, St. Lucia and St. Vincent have legislation of this kind. The St. Vincent provisions are typical. 1 The Governor-in-Council may by order make provision for the fixing of rates of wages in any industry or occupation and all other matters connected with the payment of wages. The Ordinance further provides that the Governor shall appoint a Labour Advisory Board to advise upon all questions connected with labour in the colony, including wages and conditions of work generally, and in any industry or occupation. Provisions are included to ensure that minimum wage rates fixed are in practice paid and that any agreement for the payment of wages in contravention of these provisions shall be void. Eequirements in regard to inspection and the furnishing of statistical information to the Department of Labour are included. The St. Lucia legislation includes an amendment enabling a differential wage to be paid to non-able-bodied persons in an occupation for which a minimum wage has been prescribed. (ii) The legislation of the Bahamas, Jamaica, the Leeward Islands 2, British Guiana and British Honduras falls within this category. The relevant British Guiana Ordinance 3 is an illustration. Whenever the Governor-in-Council deems it expedient that steps should be taken to regulate the wages paid in any occupation in the colony he may appoint an Advisory Committee to investigate the conditions of employment in such occupation and to make recommendations as to the minimum rates of wages which should be payable. The Advisory Committee is to include representatives of both 1 2 3 The Department of Labour Ordinance, 1942, No. 14 of 1942. Including in this case Dominica. The Labour Ordinance, 1942, No. 2 of 1942. LABOUR LEGISLATION 295 employers and workers. On considering the recommendations of the Committee the Governor-in-Council may, if he thinks fit, make an order prescribing the minimum rates of wages payable. Miscellaneous provisions cover such questions as the examination of witnesses on oath, the obligation of employers in an occupation for which minimum rates have been fixed to keep a record of wages, conditions of employment of persons incapable of earning wages at prescribed rates, inspection and penalties for the non-payment of prescribed rates. (iii) The Barbados Wages Boards Act of 1943 1 falls clearly within this category and the Trinidad Wages Councils Ordinance 1949 2 follows principally the same tendency. Both apparently represent a realisation that minimum conditions of employment cannot be neglected pending the development of collective bargaining, and that collective bargaining itself sometimes requires fostering and may reflect a change in policy. 3 The Act empowers the Governor-in-Executive-Committee to establish one or more wages boards for any trade. Every wages board is to consist of the Labour Commissioner as chairman, an equal number of employers' and workers' representatives, and not more than three nominated members appointed by the Governor. Eepresentative members of a wages board need not be employers or workers in the trade for which the board is established ; they are to be appointed by the Governor, who is also to determine their number. The Labour Commissioner is not entitled to vote on any question brought before a board ; the number of members who vote as representing employers and the number of members who vote as representing workers are to be equal. The Labour Department provides the necessary secretariat. The wages boards are required to furnish a report upon any matter regarding the conditions of the trade referred to them by the Governor-in-Executive-Committee or by the Labour Commissioner. They are empowered to fix hours of work and minimum rates of wages, to make differential determinations within a given trade to suit special circumstances, and to exempt the employment of non-able-bodied workers 1 No. 25 of 1943, 17 Sept. 1943. No. 20 of 1949, 3 J u n e 1949. 3 Similar legislation was enacted in 1951 in Grenada : The Wages Council Ordinance, 1951, Ordinance No. 4 of 1951. 2 296 LABOUR POLICIES IN THE WEST INDIES from the general rulings. No decision of a wages board is to have effect unless it has been approved by the Governor-inExecutive-Committee ; this authority may also refer back to it any of its decisions for reconsideration. Nevertheless, the Barbados boards are not advisory as in the other British territories. Eather, they make decisions subject to approval and review. The administrative provisions of the Act include the allocation of powers of inspection to the Labour Commissioner and regulations as to legal proceedings. The Trinidad Ordinance empowers the Governor-in-Council to set up a Wages Council to cover a given group of workers, when he is satisfied that no adequate machinery exists for the effective regulation of the remuneration of such workers or that the existing machinery is likely to cease to exist or to be adequate for that purpose and that, having regard to the remuneration prevalent among such workers, it is expedient to establish such a council. For the purpose of assisting him in taking a decision on the establishment of a Wages Council, he may seek the recommendation of a Commission of Enquiry as provided for in the Ordinance. A Wages Council is to consist of not more than three independent persons (one of whom shall be chairman) and equal numbers of representatives of employers and workers in the industry, occupation, establishment or part thereof covered by the operations of the Wages Council concerned. The Governor is required before appointing representatives of employers and workers to consult their appropriate organisations. A Commission of Enquiry is to consist of persons chosen and appointed by the Governor; of these, not more than three are to be independent persons, not more than two employers' representatives and not more than two workers' representatives. Wages Councils are empowered to submit to the Governor wages regulation proposals for (a) fixing the remuneration to be paid, either generally or for any particular work, by their employers to all or any of the workers in relation to whom the Council operates, and (b) requiring all or any such workers to be allowed holidays by their employers. The Governor, unless he decides to refer the proposals back to the Wages Councils concerned, shall give effect to these proposals through a Wages Eegulation Order. Detailed provisions cover the field of reference of Commissions of Enquiry, the principles on which proposals regarding LABOUR LEGISLATION 297 holidays with pay are to be based, publication of proposed Wages Regulation Orders before their submission to the Governor and methods of enforcement of Wages Eegulation Orders. Maximum Hours. Legislation for the regulation of hours of work in the British West Indies is much more limited in its scope than minimum wage fixing legislation. A number of laws are in force limiting the hours of work of shop assistants. Some minimum wage fixing laws provide for the regulation of hours of work through the same machinery used for the fixing of minimum wages. The statutory powers of Labour Advisory Boards in some instances include advising the Governor on hours of work and a number of miscellaneous ad hoc provisions exist. On the whole, however, legislation has not yet concerned itself with the question. Legislation limiting the number of hours of work of shop assistants or the hours of opening of shops is in force in Barbados, Jamaica, Trinidad, Dominica, Grenada, St. Lucia, St. Vincent, Antigua, St. Kitts-Nevis, British Guiana and British Honduras. No single law can be regarded as typical, but a few illustrations of the type of provision made may be given. Some of the laws are simply permissive in character, e.g., the Dominica and St. Vincent Ordinances. The most recent law, the British Honduras Law of 1943, limits shop opening hours to nine a day and 45 a week. The St. Lucia Law (1941) limits the hours of work of shop assistants to 41 ii week, although in the case of small shops, 56 is made the maximum. A Shop Order under the Barbados Act, No. 27 of 1945, sets limitations on working hours ranging from 44 to 51 hours a week according to the category of worker ; a number of exceptions are permitted and minimum overtime rates prescribed. The Barbados Wages Boards Act, summarised above, includes provision for the regulation of hours of work as well as for the fixing of minimum wages. Under the British Guiana Labour Ordinance of 1942, the Governor-in-Council may make regulations prescribing the number of hours which may normally be worked by an employee in any week or on any day in any occupation, and the time to be allowed by an employer to an employee for his meals. Under the St. Vincent Ordi- 298 LABOUR POLICIES IN THE WEST INDIES nance which provides for minimum wage fixing, the Governorin-Council is empowered by Order to make provision for " the stabilising of hours oí employment ". Miscellaneous provisions include the British Guiana Immigration Ordinance regulating the hours of work of immigrant agricultural labourers x and the empowering of the Governor of Trinidad to regulate the hours of work of the drivers of motor vehicles. Under some Factories Laws, e.g., the British Honduras Ordinance of 1942, the number of hours to be worked in factories may be regulated by the competent authority, and similar provision is made under the 1946 British Guiana Bakeries Ordinance. In some cases special limitations may be prescribed for young persons. Eecent legislation in British Guiana limits the hours of work of watchmen. 2 Protection of Wages. The territories in which legislation for the protection of wages is in force include the Bahamas, Trinidad, the Windward Islands, Antigua, British Guiana and British Honduras. 3 Provisions in British Guiana and British Honduras are the most detailed. In British Guiana, except in certain circumstances specified in the Ordinance, wages are to be paid entirely in money. Contracts to pay wages otherwise than in money are declared illegal. Every employee is entitled to recover from his employer all wages due. ÏTo employer may impose conditions, in contracting with any employee, as to the place or manner in which any part of the wages shall be spent. Within limits provided by the law, employers may advance money to employees in anticipation of wages. A contract with an employee to provide him with other forms of remuneration in addition to his money wages is permissible. Deductions may be made only in respect of : (a) any unpaid rent of any land, house, cottage, tenement or room demised or let by the employer to the employee ; (b) any grazing fee due by the 1 With the end of t h e indentured labour system, this stipulation no longer has any practical effect. 2 Hours of Work (Government and New Amsterdam Watchmen) Regulations, 1948. No. 6 of 1948. 3 I t is, however, possible t h a t in some territories legislation has not been considered necessary in view of the general acceptance and long tradition of the principle of cash payment of wages. Similar reasons apparently explain the absence of, for example, legislation on weekly rest periods in all but three dependencies, viz., Barbados, British Guiana and Jamaica. LABOUR LEGISLATION 299 employee to the employer ; (c) any medicine or medical attendance supplied by the employer to the employee at the latter's request ; (d) the actual or estimated cost to the employer of any materials, tools and implements supplied by the employer to the employee at the latter's res quest to be employed by him in his occupation ; (e) any victuals supplied by the employer to the employee at the latter's request ; (f) the actual or estimated cost to the employer of any goods supplied by the employer to the employee for the personal use of the employee ; or (g) any money advanced by the employer to the employee (whether paid to the employee himself or to some other person at his request) in anticipation of the regular period of payment of his wages. However, the total amount which may be stopped or deducted from the wages of an employee in any one month under these provisions may not exceed one third of the wages of the employee in that month. The payment of wages within retail spirit shops is also prohibited. In British Honduras the problems connected with making advances of wages to workers are of special importance ; in Belize " advances of wages are virtually the recognised rule in every form of employment ". 1 The new legislation provides that when the contract of service exceeds three months the employer may make an advance on account of unearned wages subject to the following conditions : (1) the advance shall not exceed the amount of one month's wages, or, where the contract is for the performance of a specified task or service remunerated by results, one tenth of the estimated total earnings of the worker under the contract, subject in the latter case to a maximum of $25 ; (2) the employer shall deduct from the wages due to the worker a sum equal to one fourth of the amount of the advance at the end of each of the first four months of service ; (3) the employer shall not make any additional charge on account of interest, commission, or any similar charge in respect of any advance ; (4) no advance shall be made earlier than one month before the agreed date of commencement of service. 1 O R D E B R O W N E : op. cit., p. 194. 300 LABOiœ POLICIES IN THE WEST INDIES Goods may not be advanced to the value of more than one tenth of the wages to be earned. Illegal advances are irrecoverable, and penalties are prescribed for making illegal advances and obtaining advances by fraud. Wages are to be paid in money, but food, a dwelling place or other allowances or privileges may be given in addition to the wages as a remuneration for the worker's services. Unauthorised deductions are made illegal, likewise direct or indirect conditions as to expenditure of wages or advances ; wages are not to be paid on licensed premises. The prices of goods sold at an employer's commissary—only to be established when the place of employment is more than three miles distant from any town or village—may differ from prices elsewhere only by the cost of transport or delivery, plus a certain percentage to allow for deterioration or depreciation. A bist of prices must be posted each month in a conspicuous place and a copy of the list sent to the Labour Officer by the employer. The regulations define the periods witliin which wages due to various classes of workers must be paid on demand. The circumstances of British Guiana and British Honduras, often involving employment in remote districts, have dictated the details of these laws. Labour Administration and General Conditions of WorJc Only three categories are here considered : legislation regarding labour supervision, provisions empowering the competent authority generally to regulate conditions of work other than hours or wages, and a number of relevant miscellaneous provisions. Labour Administration. The question of adequate labour supervision has received considerable attention since 1939. The West India Eoyal Commission, 1938-1939, referred to the need for Government action, through the medium of Labour Departments or Officers, in the regulation of wages and conditions of employment until trade unions were developed to the point at which they could play a decisive part in this regard. 1 British Government policy is indicated by the content of a circular despatch to 1 Cf. Recommendations, op. cit., p. 15. LABOUR LEGISLATION 301 Colonial Governments of December 1939. This despatch emphasised the necessity for Colonial Administrations doing their utmost to ensure that— . . . labour conditions were properly supervised during the period of the war and the still more critical period likely to follow it, and to make every endeavour to see that the relations between employers and workers were maintained in as harmonious an atmosphere as possible. 1 Legislation specifically enacted to set up or define the general powers of labour supervision services exists in the Bahamas, Barbados, Dominica, Jamaica, Grenada, St. Lucia, St. Vincent, the Leeward Islands, Trinidad and British Guiana. The provisions contained in the legislation vary widely in character, and afford only the most superficial and general indication of the work the labour supervision services are at present able to perform. A few illustrations of the statutory powers may, however, be useful. Under the British Guiana Law 2, as amended, the Commissioner of Labour, the Deputy Commissioner of Labour, Inspectors of Labour and Assistant Inspectors of Labour are empowered (a) to visit and inspect any premises in which labour is employed, and to obtain and to require from any employer information as to the wages, hours and conditions of work of those so employed, (b) to require from employers generally returns giving information as to the wages, hours and conditions of work of their employees and (o) to inspect the register of accidents kept (as required by the Ordinance) and to require from an employer information as to the causes and circumstances relating to any accident which may have occurred on his premises. Penalties are provided for failing to furnish required information without good reason and for the obstruction of accredited labour officers in the execution of their duty. The Jamaica Law 3 empowers a labour officer to enter upon any premises other than a dwelling house for the purpose of carrying out any inspection or enquiry in relation to the laws for the administration of which the Labour Department is responsible. A penalty is provided for obstruction. In the Barbados Act 4 , in addition to the usual provisions regarding the right of inspec1 Labour Supervision in the Colonial Empire, op. cit., p. 6. The Labour Ordinance, 1942, No. 2 of 1942. 3 The Labour Officers (Additional Powers) Law, 1943, No. 8 of 1943. 4 The Labour Department Act, 1943, No. 21 of 1943. 2 20 302 LABOTJE. POLICIES IN THE, WEST INDIES tion and penalties fcr obstruction, the duties of the Labour Commissioner are declared to be as follows : (a) to receive and investigate all representations whether of employers or of workers made to him concerning any business, trade, occupation, or employment with a view to the settlement of disputes and grievances and of conciliation especially regarding hours and conditions of work and regulation of wages and to report thereon to the Governor-inExecutive-Committee ; (b) to advise the Government with regard to the betterment of industrial relations and generally on all labour matters ; (c) to ensure the due enforcement of the Acts mentioned in the Schedule hereto and of any enactments amending the same and of any other Acts of this island which he may from time to time be required to enforce ; (d) to prepare cost-of-living indices and statistics of earnings and conditions of employment ; (e) to perform such further or other duties as may from time to time be required of him by any Act of this island or by the Governor-in-Executive-Committee. The legislation of Trinidad x makes the following provision for labour inspection. The Industrial Adviser 2 and officers of his department are authorised at all reasonable times to enter and inspect any premises or place in which workers are employed and to require from the employer information as to the number, wages, hours and conditions of work of the workers so employed or returns giving such information. He is authorised to prepare and publish comparative statements on the basis of information so received subject to the usual restriction on the publication of individual returns. I t is made an offence to hinder, obstruct or molest the Industrial Adviser or his officers in the exercise of the powers conferred by the Ordinance ; to refuse or wilfully neglect to furnish within a reasonable time any information or return required by the Industrial Adviser's department or to furnish false information or returns. . Similar legislation has been enacted in Dominica. 1 2 The Labour Statistics Ordinance, 1947, No. 6 of 1947. Now the Labour Commissioner. LABOTTE LEGISLATION 303 Other Provisions. Although the 1938-1939 Eoyal Commission recommended Government action to regulate conditions of employment as well as rates of wages, and although recent developments have taken place elsewhere along such lines1, there is little legislation of this type in the British West Indian dependencies, even of a simple empowering character. The St. Vincent Department of Labour Ordinance, 1942, permits the Governorin- Council by Order to make provision for, inter alia— (i) the stabilising of hours of employment and other conditions (i.e., other than in regard to wages or hours) in any industry or occupation ; (ii) the control of the labour market and the distribution of employment ; and (iii) the co-ordination of all activities designed to improve the condition of wage earners. Most of the shop assistants legislation in force limits hours and requires the provision of seats for shop assistants 2 ; all specify half-holidays, and the St. Vincent Law requires that all shop assistants be given two weeks' holiday with pay every year. A Holidays with Pay Law was enacted in Jamaica in 1947.3 The Governor-in-Executive-Council may, where he considers it advisable, appoint Advisory Boards to make recommendations in relation to the grant of holidays with pay to workers in any occupation. Advisory Boards appointed under the Minimum Wage Law, 1938, are empowered to include in their reports recommendations relating to holidays with pay for workers in the occupation in relation to which the Board was appointed. The Governor may then by Order fix the duration of holiday with pay and the minimum holiday remuneration to the category of worker concerned. Employers are required to keep records and provision for inspection is made. Early in 1949 a Bill for an Act to make provision for holidays with pay for employees was introduced into the 1 Cf. " Conditions of Work in Nigeria ", in International Labour Review, Vol. LI, No. 1, Jan. 1945, p. 101. 2 In British Guiana, only female assistants. 3 Law No. 2 of 1947, 17 Mar. 1947. 304 LABOUR POLICIES IN THE WEST INDIES Barbados House of Assembly. 1 Under its terms, workers were to be entitled at the end of each year of employment to an annual holiday with pay of two weeks ; provision was also included for a proportionate period of holiday for a shorter period of service, provided that the worker had been employed for at least three months. The Bill was passed by the House of Assembly but rejected by the Legislative Council. UNITED STATES TERRITORIES Federal Legislation Applicable to Puerto Rico and the Virgin Islands of the United States The constitutional relations which exist between the United States and Puerto Eico permit the direct application of federal legislation to Puerto Eico. This result may be achieved in one of several ways, of which the three following are the most important in practice : (i) a federal law may explicitly include Puerto Eico within its scope ; (ii) a federal law may be ambiguous on this point and may by decision in the courts be construed to apply to Puerto Eico ; or (iii) an amendment to a federal law may extend that law to Puerto Eico if it had been previously determined that the law did not so extend. There are at present four federal Acts of importance directly affecting labour standards in Puerto Eico—the Social Security Act, 1935, the National Labor Eelations Act, 1935, the Sugar Act, 1937, and the Fair Labor Standards Act, 1938. One further point of general interest may be noted in connection with the relative standards set by Federal and Insular legislation covering the same question—minimum wages. The Insular Minimum Wage Act states— In no occupation, business, or industry shall the Board (i.e., the Minimum Wage Board) establish a wage lower than that fixed in said occupation, business, or industry by the laws of Puerto Eico or of the United States or by collective agreements, conciliation minutes, or arbitration awards or a maximum of working hours 1 Official Gazette, Barbados, 7 Apr. 1949. LABOUR LEGISLATION 305 greater than that established in said laws, collective agreements, conciliation minutes, or arbitration awards, while the same are in force. Any collective agreement, award, or other labor contract made with workers, by virtue of which any employee may agree to accept a wage lower than that fixed in the final Order of the Minimum Wage Board, shall be invalid. Nor shall any reduction be made in the wages of workers who, at the time the Board issues a Mandatory Decree, may be receiving wages higher than those fixed in said Decree. The Fair Labor Standards Act provides that— No provision of this Act or of any Order thereunder shall excuse non-compliance with any federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this Act or a maximum work week lower than a maximum work week established under this Act and no provision of this Act relating to the employment of child labor shall justify non-compliance with any federal or State law or municipal ordinance establishing a higher standard than the standard established under this Act. No provision of this Act shall justify any employer in reducing a wage under this Act or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this Act. The Social Security Act. This legislation is examined in Chapter VII. The National Labor Relations Act. The conclusion that Congress intended this Act to apply to Puerto Eieo was reached as a result of a Supreme Court decision1, and was officially expressed in a decision of the National Labor Eelations Board in a case arising in Puerto Eico. 2 The Act applies only to workers producing goods for inter-State commerce and excludes agricultural workers from. its scope. It provides that— . . . employees shall have the right to self-organisation, to form, join or assist labor organisations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid and protection. Unfair labour practices are defined, and procedures for their prevention adumbrated, employers are required to recognise accredited representatives and federal officials are made 1 Puerto Rico v. Shell Oü Company (302. U.S. 253). In the matter of Bonrico Corporation and Puerto Bico Distilling Company (53, N.L.R.B. No. 160). 2 306 LABOUR POLICIES IN THE WEST INDIES responsible for the supervision of elections designed to select such representatives. The Sugar Act. The general provisions of the Sugar Act of 1937 stem from the situation which induced the introduction of a similar Act in 1934 (the Jones-Costigan Act). The situation in 1934 is thus summarised in the President's Message to Congress on Sugar of 8 February 1934 : The steadily increasing sugar production in the continental United States and in insular regions has created a price and marketing situation prejudicial to virtually everyone interested. Farmers in many areas are threatened with low prices for their beet and cane, and Cuban purchases of our goods have dwindled steadily as her shipments of sugar to this country have declined . . . I do not at this time recommend placing sugar on the free list. 1 feel that we ought first to try out a system of quotas with the threefold object of keeping down the price of sugar to consumers, of providing for the reduction of beet and cane farming within our continental limits, and also to provide against further expansion of this necessarily expensive industry. 1 The purposes of the 1937 Act were thus outlined by the House of Representatives Committee on Agriculture on 2 July 1937: . . . that adequate safeguards to protect all interests be provided in the legislation, that the consumer be protected against unreasonable prices, that our foreign markets be protected by retaining the share of foreign coiintries in the established quotas ; that if the domestic sugar industry is to obtain the advantage of a quota system it ought to be a good employer and to carry this out, legislation should prevent child labor and assure reasonable wages ; that the small family-sized farm should be encouraged by the payment of higher benefits ; and that an 2excise tax should and ought to be imposed on sugar manufacturing. Under the Act the Secretary of Agriculture is empowered to make benefit payments to sugar producers subject to certain requirements. Conditions for the payment of full rates of benefit, include certain requirements in regard to labour standards. Before such rates may be paid, all persons employed by an employer who makes application for such benefits shall have been paid in full for all work done in the production, cultivation or harvesting of sugar beets and sugar 1 Cf. ZIMMERMAN : op. cit., pp. 148-149. 2 Ibid., p. 149. LABOUR LEGISLATION 307 cane at wage rates determined to be faix by the Secretary. With respect to child labour it is specified that— . . . no child under the age of fourteen years shall have been employed or permitted to work on the farm, whether for gain to such person or to any other person, in the production, cultivation, or harvesting of a crop of sugar beets or sugar cane with respect to which application for payment is made, except a member of the immediate family of a person who was the legal owner of not less than 40 per cent, of the crop at the time such work was performed ; and that no child between the ages of fourteen and sixteen years shall have been employed or permitted to do such work whether for gain to such child or any other person for a longer period than eight hours in any one day except a member of the immediate family of a person who was the legal owner of not less then 40 per cent, of the crop at the time such work was performed. x This Act may be compared with the more general provisions of the British Colonial Development and Welfare Act. Both enable assistance to be granted subject to labour safeguards, and represent an attempt, with which further experimentation is likely, to promote development and welfare. The Fair Labor Standards Act. The Act was designed " to correct and as rapidly as practicable to eliminate . . . without substantially curtailing employment or earning power " such labour conditions as were " detrimental to the maintenance of the minimum standard of living necessary for health, efficiency and general well-being of workers". Certain standards relating to minimum wages, overtime rates, and the employment of children were set forth and a Wage and Hour Division was created within the United States Department of Labor to administer the Act. These provisions include a minimum wage of 30 cents an hour, to be increased to 40 cents by 1945 ; a 40-hour week from 1940, and time-and-a-half for overtime. Like the Labor Eelations Act, its scope is confined to workers producing goods for inter-State commerce and agricultural workers are excepted. The Act, as adopted in 1938, was applicable to Puerto Eico without any distinction as to minimum rates. Various interests in the island claimed the application of the wage provisions to Puerto Eico would force many Puerto Eican industries, in particular the needlework industry, to close 1 Cf. ZIMMERMAN : op. cit., p. 151. 308 LABOUR POLICIES IN THE WEST INDIES down, would act as a bar to further industrialisation and would tend to perpetuate chronic unemployment. This line of reasoning was accepted and a 1940 amendment to the principal Act— (1) empowered the Administrator 1 to appoint one or more industry committees for inter-State industries in Puerto Eico to investigate such industries and recommend to him the minimum wage rates which such industries should pay, the Puerto Eican industry committee or committees to be composed of residents of Puerto Eico and the continental United States ; (2) required Puerto Eican industry committees and the Administrator to conform to the provisions of Section 8 of the Act in determining the minimum wage rates which industries in Puerto Eico should pay ; (3) forbade Puerto Eican industry committees to recommend and the Administrator to approve a minimum wage rate for an industry in Puerto Eico which will give the industry in Puerto Eico a competitive advantage over any industry in the United States outside of Puerto Eico ; (4) made inoperative with respect to Puerto Eican industries all wage orders issued prior to the adoption of the Puerto Eican amendment ; (5) exempted from the minimum wage provisions of the Act only such industries in Puerto Eico, and only for so long, as were covered by wage orders issued pursuant to the Puerto Eican amendment. 2 Considerable use has been made of the powers provided by this amendment. 3 Of the above four Federal Acts only the Fair Labor Stand- ' ards Act and the Sugar Act of 1937 apply to the Virgin Islands of the United States, but there are, however, prospects that certain titles of the Social Security Act may be extended to this territory. 4 As in Puerto Eico and for similar reasons, rates under the Fair Labor Standards Act have been determined by means of Special Industry Committees. 1 Of the Wage and Hour Division, United States Department of Labor. Investigation of Political, Economic, and Social Conditions in Puerto Eico, pursuant to H. Res. 159, Part 19, Washington, 1944, p. 1825. 3 Cf. Chapter V. * Cf. Chapter VII. 2 LABOUR LEGISLATION 309 Puerto Rico Insular Labour Legislation Contracts of Employment, Entry into Employment and Migration. Contracts of employment. Articles 1473-1478 of the Civil Code provide that the services of servants and workmen may be hired either for a fixed or a non-stipulated period but that a contract for life is null. Payment for Services is to be by agreement between the parties ; differences are to be settled by the court of competent jurisdiction. Domestic servants engaged for a specified period may be dismissed or give up their work before the end of that period ; if dismissal is without just cause, an indemnity equivalent to fifteen days' wages is to be paid in addition to other wages due. 1 Farm employees, tradesmen, artisans and other salaried workers engaged for a particular project are not to be dismissed nor give up their work until the contract has been completed, but dismissal in such cases includes their dispossession of any tool or building in their possession by reason of such contract. Workers paid monthly, half-monthly or weekly who are dismissed without at least 15 days' notice shall be entitled to an indemnity equivalent to pay for a month, 15 days or a week, as the case may be. Articles 217-220 of the Commercial Code provide that a contract of employment for a fixed period in a commercial undertaking may not be terminated before being completed by either party. Law No. 76 of 1931, as amended, specifies the practices which fall within the category of share-cropping. Under its terms a share-cropping contract for time unspecified is to be deemed to last until such time as is necessary for the harvesting and the utilisation of the first crop from all produce planted. Where no special arrangements have been made, the tenant is entitled to a moiety of the produce of the land in question. The general rights and duties of landowner and tenant are defined. lío landowner is entitled to any compensation because of the sterility of land or for the loss of produce caused by act of God. The conditions under which ejection is legally permissible are stated. Law No. 89 of 9 May 1947 makes the following provision in regard to the regulation of contracts for workers whose 1 Act No. 84 of 1943 substitutes an indemnity equivalent to one month's wages. 310 LABOUR POLICIES IN THE WEST INDIES services are to be used outside of Puerto Eico. The Commissioner of Labor is authorised to intervene in all matters concerning such contracts and is required to take all appropriate steps to supervise and enforce compliance with their terms. Persons or employment agencies charged with contracting for the services of workers from Puerto Eico for employment elsewhere are required to provide the Commissioner with all pertinent facts and information. Contracting for the services of minors under 16 or of adults over 70 years of age is prohibited unless they are accompanied by their parents or legal guardians, or by their children or relatives. Emigrants protection. Law No. 25 of 5 December 1947 makes provision for the regulation of migration and replaces 1919 legislation 1 which gave the Commissioner of Labor general powers in regard to the supervision of all questions connected with the emigration of Puerto Eican workers. The 1947 Law creates a Migration Section within the Employment Service Bureau in the Department of Labor. This Section has charge of all matters pertaining to the employment of workers who wish to migrate : training, guidance, supervision and a follow-up. The statement of motives in the law explains the Government's policy— (2) Puerto Bican workmen who wish to emigrate will be guided so that they will go only to those places where a real demand for labor exists, and where their presence will not contribute to any depression of prevailing wages or to any disruption of working conditions ; (3) Wherever Puerto Eican workers go they are to earn the prevailing wages and have the same working conditions as the native or resident workmen of these places ; (4) It is the duty of the Government of Puerto Eico in the case of Puerto Eican workmen who wish to migrate to the United States or other countries, to instruct them adequately, before they leave the Island, concerning their responsibility to industry and organized labor. Employment exchanges. Law No. 51 of 1923 provides for the setting up of a general employment exchange system and defines its functions in detail. Private employment exchanges are regulated by Act No. 417 of 14 May 1947, as amended. 2 All such agencies 1 Act No. 19 of 29 May 1919. Amendments No. 2 of 3 Deo. 1947 ; No. 28 of 21 Apr. 1948 ; No. 114 of 7 May 1948. 2 LABOim LEGISLATION 311 must be licensed and a bond posted to cover any loss or damage to the public arising from non-observance of the Act or Eegulations made under it. A number of restrictions are laid down in regard to the methods of operation oí agencies. Further requirements include the keeping of records and provision of facilities for inspection and supervision by the Commissioner of Labor. Industrial Relations. The right of the worker to freedom of association, in accordance with the United States legal system, is stipulated in legislation enacted early in the century. 1 In 1947, complementary legislation was adopted restricting the use of injunctions in labour disputes. 2 The basic principles and machinery for the promotion of collective bargaining are laid down in the Puerto Eico Labor Relations Act 1945 as amended. 3 Its preamble includes the following statement : (4) It is the policy of the Government to eliminate the causes of certain labor disputes, by developing the practices and proceedings of collective bargaining and by establishing an adequate, efficient, and impartial tribunal which will carry out this policy. (5) All existing collective bargaining practices, as well as those hereafter executed, are hereby declared to be instruments for the promotion of the public policy of the Government of Puerto Eico, in its efforts to develop protection to the maximum ; and it is declared that as such they are invested with a public interest. The exercise of the rights and the performance of the obligations by the parties to such collective bargaining contracts are therefore subject to such reasonable regulations as may be necessary to effectuate the public policies of this Act. The Act creates a Puerto Eican Labor Eelations Board composed of a full-time chairman who is to be the executive officer of the Board and two associate members on a per diem basis. The Board is authorised to make, amend and repeal regulations necessary for carrying out the provisions of the Act. The rights of employees " to form, join or assist labor organizations ; to bargain collectively through representatives of their own choosing ; and to encourage any concerted activities for the purpose of bargaining collectively or for other 1 Act of 1 Mar. 1902. Act No. 50 of 4 Aug. 1947. 3 No. 130 of 1945 amended by No. 6 of 1946. 2 312 LABOUR POLICIES IK THE WEST INDIES mutual aid and protection " are asserted. The arrangements under which collective bargaining units are determined and elections for the selection of workers' representatives held are detailed. All labour organisations and employers' associations are required to file with the Board statements as to their official titles and addresses and to provide copies of all collective agreements contracted. The Board is empowered to take steps, according to procedures outlined by the Act, to prevent unfair labour practices and to conduct investigations into charges of unfair labour practices. Such practices on the part of the employer are defined to include interference with the self-organisation of employees, action designed to secure control of workers' organisations, discouragement of union membership by discriminatory employment practices, refusal to bargain collectively with accredited workers' representatives, collective bargaining with an organisation not representing the majority of workers, violation of the terms of a collective agreement, attempting to influence elections for the selection of workers' representatives, failure to reinstate a discharged employee if so required under the terms of the Act and discrimination against supervisors refusing to participate in an unfair labour practice. Labour organisations are prohibited from engaging in the following unfair labour practices : violation of the terms of a collective agreement and the unjustifiable inclusion or suspension from membership of any employee in a collective bargaining unit on whose behalf the labour organisation concerned has included an all-union or maintenance of membership agreement. Provision is made precluding employers found to have committed unfair labour practices from being utilised in connection with public contracts. I t is explicitly stated that nothing in the Act " shall be construed so as to interfere with, hinder or in any way restrain the right to strike ". Penal provisions for violation are included. The Act replaces Act No. 143 of 1938 which had the same general objectives and a similar title but proved inoperative. Previous to 1943, the basic law pertaining to the settlement of trade disputes was the law constituting the Mediation and Conciliation Commission and designated " an Act to prevent, and aid in the settlement of, strikes and lockouts ". 1 Under 1 Act No. 36 of 1919, amended 1927, 1932 (twice) and 1936. LABOUR LEGISLATION 313 this Act was set up a Mediation and Conciliation Commission consisting of five members, two representing workers' organisations, two employers' organisations and one representing the public interest. The last-named was chairman of the Commission and employed full-time in this capacity. The Commission was to advise the Government as to the best means of performing its functions and was convened by its chairman whenever the occurrence of a dispute rendered this necessary. In the case of disputes not affecting the public service, the Commission was empowered to offer its services to procure an amicable settlement if requested by a competent Governmental authority or at the instance of one of the parties to the dispute. If the two parties to the dispute consent, the Commission could arrange for the constitution of an ad hoc Arbitration Board consisting of one employers' representative, one workers' representative and one other person acceptable to both parties. If the Board's deliberations failed, or if either party refused to accept its conclusions, the Commission itself might undertake investigation and require a report from the Board, including recommendations for a solution. The Commission might, at its discretion, publish such report and recommendations. The necessary legal powers to conduct an investigation were accorded the Commission. In November 1942, however, the Commission was abolished. It was considered that a tripartite Commission of a deliberative character, where opposing interests clashed, was an inadequate means, in practice, of preserving industrial peace. In its place a Mediation and Conciliation Service patterned after the United States Federal Conciliation Service was established in the Department of Labor under the direction of a Conciliation Commissioner. The 1943 amendment to the Organic Act of the Department of Labor x defined his duties as— . . . to intervene and mediate, for the purpose of keeping industrial peace, in such disputes, conflicts, or controversies, both industrial and agricultural or otherwise, connected with the application of labor laws, as may arise between laborers and employers. The Labor Organizations Accounting Service is a new unit of the Department of Labor created by Act ~No. 177 of 1946 to provide aid to labour organisations in the establishment and maintenance of adequate and efficient accounting systems. 1 No. 144 of 1943. 314 LABOUR POLICIES IN THE WEST INDIES Application for such assistance may be made to the Commissioner of Labor and is provided only on request. Industrial Health and Safety. A law of 1917 provides for the maintenance of a medicine chest, a doctor and a dispenser or nurse in sugar factories, electrical or hydraulic plants and certain other specified industrial undertakings. Under Act No. 112 of 1939, a Board of Industrial Safety was set up which is empowered to make regulations. The administration of these and other measures is assigned under the 1943 amendment to the Organic Act of the Department of Labor, to the Hygiene and Industrial Safety Division of the Department ; this Division " shall have charge of the supervision and oversight of measures of safety and industrial hygiene applicable to any industry, business or occupation ". Under Act No. 317 of 1938 there is created an Accident Prevention Council " to promote the protection of human life in industry " and to prevent accidents in general. The Council is authorised to establish rules and formulate regulations for these purposes, and its members and officers are accorded powers of inspection and investigation. Other laws are in force dealing with particular aspects of safety problems. Act No. 61 oí 1936, for example, provides that scaffolding must be constructed in a manner designed to afford adequate protection to those working, makes notification to the Commissioner of Labor compulsory when scaffolding is set up and prescribes penalties for contravention. Social Security and Assistance. Legislation falling within this category is examined in connection with the problems of social insurance and assistance in Chapter VII. Employment of Women and Juveniles. Juveniles. A comprehensive law 1 was enacted in 1942 making provision for the regulation of the employment of minors (i.e., persons under 21). Under this Act, no minor under 16 is to be employed in any gainful occupation. One exception is 1 Act No. 230 of 1942, approved 12 May 1942. LABOUR LEGISLATION 315 permitted : minors between 14 and 16 may be employed outside class hours and during school vacations but not in a factory or in any occupation prohibited by the Act. Minors aged 14 to 18 years are not to be employed in any gainful occupation for more than six consecutive days in the week, more than 40 hours a week, or more than eight hours a day. Mght work for minors between the ages of 14 and 16 is prohibited from 6 p.m. to 8 a.m. and between the ages of 16 and 18, from 10 p.m. to 6 a.m. Minors between 14 and 18 are not to work for more than four consecutive hours without a rest period of at least one hour. A minor between the ages of 14 and 18 may not be employed unless the employer involved obtains an employment certificate or special permit from the Child Bureau of the Department of Labor. Detailed administrative provisions regarding the issuance of employment certificates are included. Boys under 14 and girls under 18 are prohibited from engaging in peddling ; certain exceptions are, however, permitted. I t is provided that in the case of minors aged 14 to 18 who attend school and work after school hours, the total number of school and working hours shall not exceed eight. Schedules of prohibited occupations are included in the text of the law in regard to (a) minors under 16, (b) minors under 18, and (c) girls under 18. îfo minor under 18 may be employed in any establishment or occupation injurious to his health, safety and welfare whenever such occupation is so certified by the Insular Industrial Safety Board. Women. Under legislation governing the employment of women 1 no woman is to be engaged in any gainful occupation between the hours of 10 p.m. and 6 a.m. for more than eight hours in any one day, or for more than 48 hours a week. Up to one hour overtime per day at double rates is, however, permitted, provided that the weekly limit of 48 hours is not exceeded. Two exceptions are permitted in the case of night work. Women over 16 may be so employed in the packing or storage of fruit and vegetables ; and women switchboard operators, artistes, nurses and domestic servants. The Act includes a number of provisions regarding safety and sanitation, requires the provision of seats for female employees and obliges employers to display notices regarding hours of work in their 1 Act No. 73 of 1919, amended 1930. 316 LABOUR POLICIES IN THE WEST INDIES establishments and to furnish returns regarding their female employees to the Department of Labor. Minimum wages for working women in industrial occupations, commercial undertakings and public service undertakings (but not agriculture) are prescribed in a 1919 Act which is still enforced. Employers are required to pay at least $4 a week to women under 18 and $6 a week to women over 18. The first three weeks of apprenticeship are exempted from this requirement. 1 Act No. 3 of 13 March 1942, as amended by Act No. 398 of 13 May 1947, contains provision for maternity protection and benefit. Under the terms of this legislation working women are entitled during pregnancy to a period of rest which shall include four weeks before and four weeks after the birth, and are prohibited during this period from working in offices, commercial and industrial establishments and public utilities. During this period the employer is required to pay the woman concerned one half of the remuneration she has been receiving, to keep her position open for her and not to discharge her without just cause. Where, as a direct physical consequence of childbirth, the woman is unable to resume work within four weeks of the birth, the employer shall extend the period of rest for a further period, not exceeding four weeks, under the same conditions with the exception that he is not required to pay maternity compensation in respect of the additional period. Appropriate medical certificates are required for obtaining benefits provided by the Acts. Apprenticeship. Act No. 27 of 1931 deals with the question of vocational training. Under the Minimum Wage Act, 1941, it is provided that— . . . apprentices and learners shall obtain a special licence from the Board 2, and their wages shall not be less than 50 per cent, of the minimum rates established ; provided that the Board shall fix the maximum term of employment that shall be permitted to such apprentices or learners in the occupation or industry in question ; it being understood that the maximum term of employment should be uniform in each occupation. Under the terms of Law No. 483 of 15 May 1947 an Apprenticeship Council is established for the purpose of 1 2 Act No. 45 of 9 June 1919. Minimum Wage Board. LABOUR LEGISLATION 317 organising a permanent training programme for apprentices, " under adequate apprenticeship and reasonable compensation standards ". The Council has already approved minimum standards of apprenticeship and a list of apprenticeable trades. 1 Hours and Wages. Minimum wage regulation. The Minimum Wage Act of 1941 is one of the most important measures affecting labour adopted in a West Indian territory in recent years. Its effect is to extend, to workers not coming within the scope of the Federal Fair Labor Standards Act, an improvement and stabilisation of their conditions of work analogous to those which the Federal Law seeks to attain for the groups it covers. Its importance has a two-fold aspect : on the one hand there has been its application in practice, a vital development which is discussed elsewhere 2 ; on the other the more formal, but equally important, aspect of its provisions which give mandatory effect to the decisions of the Minimum Wage Board which it establishes. The Act, as amended 3, provides for the creation of a Minimum Wage Board of three persons in the Insular Department of Labor, of whom one is to represent employers' interests, one workers' interests and one the public interest ; the last-named is to be chairman of the Board. The Board is required to study wages, working hours and labour conditions, and to make investigations regarding the health, safety and well-being of workers. In pursuance of its functions it is authorised to summon witnesses, to administer oaths, and take testimony and it may compel the appearance of witnesses and the presentation of documentary and other evidence. The Board or any of its members or agents is allocated certain powers of inspection designed to enable it to collect any necessary data for statistics, surveys and investigations. Government and municipal agencies or officials, as well as any person, firm, partnership or corporation employing workers in Puerto Eico 1 Information on Puerto Rico transmitted by the United States to the SecretaryGeneral of the United Nations pursuant to Article 73(c) of the Charter. Washington, D.C., June 1948, p. II. 2 Cf. Chapter V. 3 Act No. 8 of 1941 ; substantive amendments No. 1 of 12 Nov. 1941 ; No. 9 of 20 Mar. 1942 ; No. 44 of 23 Apr. 1942 ; No. 217 of 1945. 21 318 LABOUR POLICIES IN THE WEST INDIES are required by the Act to provide the Board with any information needed for its operations. It is the duty of the Board to appoint a Minimum Wage Committee— . . . whenever the wages paid in any industry, business, or occupation are insufficient to satisfy the normal needs of the workers or are detrimental to the maintenance of the reasonable standard of living necessary for their health, efficiency and general well-being. Such a Committee is to consist of one or more employers' representatives, the same number of workers' representatives, and one or more members in representation of the public interest, provided the number of the latter does not exceed that of each of the other two groups. The member or members of the first and second groups are to be selected from a list of candidates submitted by the employers and workers, respectively, of the industry, business or occupation concerned. Subject to direction by the Board it shall be the duty of any such Committee to investigate the labour conditions prevalent and formulate its findings to the Board— . . . including with respect to the employees or laborers of the particular industry, business or occupation concerned, the following : (1) an estimate of the minimum wage for regular or extra periods of work indispensable to satisfy their normal needs and to maintain the reasonable standard of living necessary for their health, efficiency, and well-being ; (2) the maximum number of working hours per day, per week, per a longer period, or per any periods consistent with their health, safety, and general well-being ; (3) labor conditions required for the maintenance of their health, safety, and general well-being. On the basis of the Committee's report and after a public hearing the Board is empowered to issue a Mandatory Decree having the force of law establishing minimum wage rates and maximum hours of work and regulating labour conditions. Administrative provisions are included to prevent evasion of the stipulations of these Decrees. The Board may fix special rates for persons of impaired earning capacity and for apprentices or learners, but in neither case are such special rates to be less than one half of the ordinary rates ; it may also fix the minimum rates to be paid to minors aged 14 to 18 years in those cases in which their employment is permitted by law. In fixing minimum wages, the Board is to take into consideration the cost of living and the needs of workers, but it LABOUR LEGISLATION 319 must also see that the fixing of the highest minimum wages that can be afforded by the industry or occupation in question does not bring about a substantial decrease in employment. In the classification of categories of workers, the cost of production, the financial and economic condition of the industry, market fluctuations and local conditions should be taken into account ; flexibility in classification is thereby permitted through zoning. Provision is also made for the protection of wages where employers provide meals or land. The Governor is empowered to set the Board's machinery in motion where a strike or lockout has existed within the previous six months. Maximum hours. The empowering provisions of the Minimum Wage Act have been noted above. Other Puerto Eican legislation on hours includes a law for the general regulation of hours of work, legislation regarding the hours of work of certain classes of Government employers as well as provision in the Penal Code. Act No. 379 of 15 May 1948 makes general provision for an eight-hour day and a 48-hour week as well as for a maximum number of working days per month. Hours worked in excess of those stipulated are to be remunerated at double time rates. The number of normal monthly working hours is periodically indicated by Notice of the Department of Labor. Thus a Notice of 21 December 1948 informed employers and workers that, making allowances for statutory holidays, the number of working hours per month in excess of which overtime rates should be paid would be as follows during the months of the year 1949 for the undertakings covered by Article 553 of the Penal Code : 196 in January, 188 in February, 212 in March, 200 in April, 204 in May, 208 in June, 188 in July, 216 in August, 200 in September, 204 in October, 196 in November and 212 in December. For undertakings in respect of which Article 553 of the Penal Code provides certain exemptions, the maximum hours are to be 192 in February and 208 in other months of the year. A law of 9 August 1930 provides for an eight-hour day for Public Works employees of the Insular Government or of any municipality or Government Board. Similar provision for the Insular Police is contained in a 1941 law. 1 Act No. 41 of 1942 authorises the Commissioner of Interior to fix the daily working hours in the telegraph and telephone offices of the 1 Act No. 28 of 1941. 320 LABOTJB, POLICIES IN THE WEST INDIES Insular Telegraph Company and provides for an eight-hour day except in extraordinary circumstances. Article 553 of the Penal Code, as amended, specifies the statutory holidays on which the opening of commercial and industrial undertakings is prohibited subject to certain scheduled exceptions. Protection of wages. A considerable volume of legislation for the protection of wages exists in Puerto Rico. A law originally enacted in 1908 x requires that daily labourers be paid in legal currency. Another early l a w 2 prescribes special simple legal procedure for the recovery of wages due. A law of 1930 3 fixes the compensation rates due to an employee in case of termination of employment without reasonable cause or previous notice ; an amending law, Act No. 84 of 1943, requires the payment of one month's wages as indemnity under these circumstances, where the terms of the contract are indefinite. These provisions are supplemented by Act No. 17 of 1937, declaring any contract of employment, which authorises the employer to discharge the employee without previous notice or just cause, void in regard to that stipulation, and further penalises an employer who induces or allows an employee to enter into such a contract. Another law 4 requires that Public Works contractors shall pay their employees their full wages at intervals not exceeding one week. Such wages shall constitute the first charge on contractors apart from any monies due to the Government or municipalities. The Minimum Wage Act, as amended, stipulates that— . . . by reason of bhe enforcement of this Act, no employer shall impose rent of any kind on workers or employees who five in, or occupy, dwellings, houses, lots, or tracts of land belonging to him ; nor shall he increase the rent which, at the time this Act takes effect, he may be charging them for said dwellings (etc ) nor shall he collect nor deduct any amount from the wages of said workers or employees for meals served in the course or duration of employment. Finally, Act No. 27 of 1942, which applies to undertakings employing more than ten persons, contains provisions directed against the truck system or advances which would limit workers' freedom of choice in making purchases. 1 Act Act 3 Act 4 Act 2 No. No. No. No. 12 of 1908, amended 1931. 10 of 1917, amended 1931. 49 of 1930. 31 of 23 Apr. 1931. LABOUR LEGISLATION 321 Labour Administration and General Conditions of Work. Labour supervisions. The 1931 Organic Act of the Department of Labor, as amended, is a comprehensive law defining the machinery for labour supervision more elaborately than is customary in the British Caribbean territories. I t constitutes a Department of Labor, headed by a Commissioner of Labor, and including the following commissions, services, bureaux and divisions : Office of the Commissioner ; Administrative Office ; Service of Industrial Supervision ; Division of Hygiene and Industrial Safety ; Bureau of Labor Statistics ; Child Bureau ; Employment Service ; Legal Division ; Mediation and Conciliation Service ; Bureau of Publications and Education of Laborers ; Women's Bureau ; Member of Examiners of Social Workers ; Industrial Commission ; Minimum Wage Board ; Labor Relations Board; Board of Industrial Safety; Commission of Social Security; Labor Organizations Accounting Service; Employment Security Division. The Act states the purposes of the Department in general terms as being : to protect and to promote the interests and well-being of Puerto Eican workers, to direct its endeavours to improve their living and working conditions and increasing their opportunities of obtaining gainful employment. In defining the functions of the Commissioner of Labor these general principles are restated in terms of rather more precise methods and procedures: these include improving relations between employers and workers by mediation and conciliation, inquiry into the causes producing dissatisfaction among workers, the study of the living and working conditions of the labouring class as regards hours and work, wages, hygiene, and safety, and the study and codification of labour legislation. The Commissioner (or his deputy) is to be an ex-officio member of— . . . all bodies, members, or commissions that have been, or may be, hereafter legally constituted for developing and preserving the welfare of the laborers of Puerto Eico, for improving their living and working conditions, for furnishing and amplifying their opportunities for employment, for protecting the life, health, and safety of workmen and employees and for intervening in the solution of industrial and agricultural conflicts, and all such bodies are to be under the jurisdiction of the Department of Labor. Provision 1 regarding the right of entry, inspection, receiving testimony and securing documentary evidence in pursuance 1 These provisions are similar to those cited in connection with the Minimum Wage Act. 322 LABOUR POLICIES IN THE WEST INDIES of the Department's functions, is included. The spheres of competence of the more important divisions and services are defined in detail. Other provisions. The most important provision in this category is the power residing in the Minimum Wage Board under the Minimum Wage Act to regulate conditions of work, other than hours or wages, as part of its general procedure. A number of provisions discussed above, e.g., those relating to safety, also fall under this head. An Industrial Homework Act of 1939 1 contains provisions regulating this form of employment. The manufacture of several types of articles in a home are prohibited ; these include articles of food or drink, explosives, drugs and poisons, tobacco, cigarettes or cigars and any articles the processing of which requires exposure to substance determined by the Department of Labor to be hazardous to the health or safety of the persons exposed thereto. The Department of Labor is empowered to perform inspections designed to determine whether conditions of employment are injurious to the health and welfare of workers and whether wages and conditions of employment prevailing are fair and reasonable and fulfil legal requirements and to take prescribed steps to remedy any irregularities discovered. Employers, contractors and subcontractors must obtain permits before engaging workers in industrial homework. Industrial homework shall be performed only by persons over 16 possessing a valid home-worker's certificate and resident in the home in which the work is done ; it shall be performed only during the hours fixed by law as permissible hours of work in factories by persons of the same age and sex as the home-worker and only in a home that is clean and sanitary and free from communicable disease. Penalties are provided for violation and necessary general inspection and investigation facilities accorded. There are, in addition, a few miscellaneous items of legislation on specific occupations which deserve brief notice. Act íío. 64 of 1931 provides for the regulation of loads to be removed by porterage, and Act No. 117 of 1936 prohibits the stripping of tobacco in dwelling-houses. 1 No. 163 of 1939. 323 LABOUR LEGISLATION Local Labour Legislation of the Virgin Islands The labour legislation of the Virgin Islands is on a modest scale. No legislation exists, for example, in the field of industrial relations, contracts of employment and cash payment of wages or regulating the employment of women, the only legal restriction on the employment of children under specified ages is derived from an Education Act designed primarily for other purposes and labour inspection is limited to arrangements necessary for the effective enforcement of federal and local minimum wage legislation. The Education Law of 1940, which requires children of six to 15 years of age to attend school, makes it illegal to employ a child of compulsory school attendance age during school hours. The employment of juveniles in hazardous occupations is also prohibited in St. Thomas. Local legislation in respect of minimum wages and maximum hours is in force in the municipality of St. Thomas and St. John, but not in St. Croix. The Hill Wage and Hour Act of 17 November 1941, as amended, does not apply to employees engaged in agriculture or in domestic employment in a private home or to employees paid a salary of $100 a month or more. Five categories of workers are defined—utility workers, sales or service clerks, unskilled labour, semi-skilled labour and skilled labour—and employers are required to pay minimum hourly rates according to the grade of worker employed—respectively 10 cents, 15 cents, 20 cents, 30 cents and 40 cents. Provision is made for overtime at time-and-one-half rates for hours in excess of eight hours a day or 48 a week ; in establishments where overtime was calculated on the basis of night work prior to the enactment of the ordinance, that arrangement was to continue, subject to the condition that the usual overtime rate was paid. The Act creates an Office of Wage Commissioner, and this official is responsible for its administration. His powers include classification of workers in the categories specified and determination of the rates to be paid to apprentices, learners and non-able-bodied workers. Employers are required to keep and supply such records as to wages, hours and other conditions of work as are prescribed by the Wage Commissioner. Apart from the Kean Workmen's Compensation Act of 324 LABOUR POLICIES IN THE WEST INDIES the Municipality of St. Thomas and St. John 1, there is little other labour legislation in the accepted sense of the term in force in the Virgin Islands. The Full Employment Act of 1945 states the policy of the Government of the Virgin Islands in this field in the following terms : It is the responsibility of the Government of the Virgin Islands to foster free competitive private enterprise and the investment of private capital. All Virgin Islanders able to work and seeking work are entitled to an opportunity for useful, remunerative, regular, and full-time employment, including self-employment in agriculture, commerce, industry or the professions. In order to assure the free exercise of the opportunity for employment set forth above, the Government of the Virgin Islands has the responsibility, with the assistance and concerted efforts of industry, agriculture, labor and municipal governments and consistent with the needs and obligations of the Government of the Virgin Islands, to assure continuing full employment, that is, the existence at all times of sufficient employment opportunities for all Virgin Islanders able to work and seeking work. FRENCH TERRITORIES The essential principles and general provisions of the labour legislation of Guadeloupe, Martinique and French Guiana are virtually identical. 2 For this reason, the summary that follows is to be regarded as relating to all three Departments, unless the provisions concerned are specifically noted as applying to particular areas. Examples are also given of specific local measures of application where these measures present a particular interest. The continued and accelerated process of application of French metropolitan legislation to the new Overseas Departments makes the establishment of a definitive summary of the labour legislation of those areas particularly difficult at the present time. The situation in regard to the application of the uncodified legislation of metropolitan France presents the most serious difficulties in this respect. Because of this process of legislative change and the incomplete information available to the International Labour Office, the account here 1 Cf. Chapter VII. Por purposes of convenience, reference is made to the Labour Code of Martinique, 1939, which presents in codified form the body of provisions common to the three areas, as well as to measures of specific application to Martinique. Cf. Code du Travail de la Martinique et Réglementation Annexe, Fort-de-France, 1939 (hereinafter referred to as Code). 2 LABOUR LEGISLATION 325 given of the labour legislation of the French West Indies must be regarded as being of a more provisional character than that provided for other parts of the West Indies. It can, however, be asserted in principle that metropolitan legislation is almost entirely in force in the three Departments, with the notable exception of the texts relating to foreign workers. Contracts of Employment, Entry into Employment and Migration Contracts of Employment.1 Contracts of employment are subject to the common law and may be set out in the form deemed appropriate by the contracting parties. Where there is no proven agreement to the contrary, the length of time for which services are hired is to be deemed that customary in the locality. With certain specified exceptions, the duration of contracts may not exceed one year. Fines for infraction of the internal working rules of an undertaking may only be inflicted if the employer has fulfilled certain conditions designed to ensure that the worker is aware of these rules. For any given infraction, such a fine may not amount to more than a quarter of the worker's daily wage and may only be deducted for violation of rules in regard to discipline, health or safety. Contracts for an indeterminate period may be terminated at the will of either party. The period of notice necessary is to be in accordance with local practice in the occupation concerned or by the terms of a collective agreement, where such exists. The liquidation of an undertaking does not absolve an employer from fulfilling his obligations in this regard. Provision is made in regard to the damages which may be claimed in the event of a contract being broken without fulfilment of the necessary conditions fixed by law. On the termination of a contract, a worker is entitled to require from his employer a certificate showing only the date of entry into employment, the date of leaving employment, and the type of work performed. Special provision is made in regard to workers required for military service and in regard to maritime workers. 1 Code, Book I, Title I I , pp. 8 et seq. 326 LABOUR POLICIES IN THE WEST INDIES Employment Exchanges.1 Provision is made in regard to both public and private placement arrangements. The body of arrangements noted immediately below was previously applicable to all three areas, but legislation summarised below has altered the position in Martinique. Every employment exchange is required to submit weekly returns on its placement activities and applications. Recruiting for work outside the territory concerned or the recruiting of workers abroad for work inside the territory may only be effected by special permission of the competent authority. Detailed provision is made defining the responsibilities of the principal municipalities in regard to the maintenance of free public employment exchanges and the conditions of operation of fee-charging employment agencies. In Martinique, Administrative Orders of 19 January 1937 and 20 March 1938 set up municipal employment exchanges in Lamentin and Fort-de-France respectively. Two Administrative Orders of 16 January 1947 2 made further provision in regard to the establishment of an Employment Service in Martinique. The Employment Service set up is attached to the Labour Inspection Service. Its principal functions are stated as being (a) the placing of unemployed workers ; (b) controlling engagement and (c) compiling statistics in regard to labour demand and supply. With the establishment of the Employment Service, the entire previous system of placement is profoundly altered. Placement is stated to be the exclusive province of the Service ; all workers seeking employment and all employers seeking to engage workers are required to act through the Service ; newspaper advertisements in this regard must be authorised by the Service. Exception is made only in the case of workers engaged for short periods in the agricultural or forest industry. Immigration. Legislation was adopted in 1948 in French Guiana for the promotion of immigration. Administrative Order iio. 67/IT of 13 January 1948 assigns the Inspector of Labour of the 1 2 Code, Book I , Title IV, pp. 32 (i) et seq. Arrêtés Nos. 82 and 83. Journal Officiel de la Martinique, 23 J a n . 1947. LABOUR LEGISLATION 327 Department of Guiana the task of co-ordinating all activities in regard to immigration at the Departmental level. His tasks are stated as being in particular : (1) investigating continuously the opportunities for recruiting workers from outside the Department ; (2) publicity to promote immigration and the provision of information to prospective immigrants and (3) assistance to immigrants. Industrial Relations Freedom of Association. The basic legislation of the French West Indies in regard to freedom of association consists of the relevant Articles of two laws of metropolitan France. 1 The purposes of occupational organisations are stated to be exclusively the study and protection of the occupational interests of their members in industry, commerce or agriculture. Such organisations are to consist of persons engaged in the same type of occupation or related occupations. They are accorded legal personality and the right to engage in a wide field of activity related to their functions, for example, providing information in regard to placement, establishing mutual aid funds and retirement funds. They are exempted from a number of provisions of the penal code and of other legislation which would preclude their proper functioning. Collective Agreements.2 Very detailed provision is made in the legislation of the three Departments establishing the status, effective duration, methods of termination and sanctions against the infringement of collective agreements. For the most part these provisions concern procedure. Conciliation and Arbitration.3 Provision is made in the first place, for the establishment of a system of elected Arbitration Boards (Conseils des Prudhommes). These are permanent institutions, members of which are elected to serve for a period of six years, half of 1 Law of 21 Mar. 1884 regarding occupational organisation, as amended by Law of 12 Mar. 1920. 2 Code, Book I, Title II, Chapter V, pp. 16-24. 3 Ibid. pp. 67-89. 328 LABOUR POLICIES IN THE WEST INDIES each Board being elected at three-yearly intervals. Boards are composed of employers and workers, elected respectively by employers' and workers' electoral colleges, in equal number. They have two broad sets of functions—conciliation and judicial decision and are required to set up internal machinery to deal separately wi'ih those two main functions. Conciliation is stated to be their primary purpose. They may intervene for purposes of conciliation not only between employers and workers but between workers. Industrial accidents are excluded from their field of legitimate interest. Upon request, they are also required to advise the administrative authorities in regard to labour questions. Their judicial functions may be exercised only when attempts at conciliation have failed. They are empowered to take final decisions of a judicial character when the amount of compensation, wages due, etc., does not exceed a given sum; where it exceeds this sum, they act as a court of first instance. A Decree of 30 August 1937 made further provision in regard to conciliation and arbitration in collective labour disputes. It was required that the procedure prescribed should be followed before strike or lockout action was taken. A Conciliation Committee was to be set up, under this Decree, in the capitals of each of the three French West Indian territories and was to be composed of a chairman, who should be a member of the judiciary, and an equal number of employers' and workers' representatives. The Committee's function was to decide whether any given dispute was an individual or collective dispute. If any collective dispute continued for more than four clear days it might be referred, at the instance of either party or of the Governor, to a Mixed Conciliation Commission composed of an equal number of employers' and workers' representatives with a representative of the Governor as chairman. The Chief of the Labour Inspection Service was required to attend all meetings of this Commission. Should the Commission after a given period fail to secure a solution of the dispute, such dispute should then be referred, with the comment of the Commission, to an arbitrator or arbitrators appointed jointly or separately by the parties. Such arbitrators shall be taken from lists submitted annually by employers and workers to the Governor. Should the arbitrators fail to arrive at a decision within three days, they are required either to agree on a final arbitrator or submit 329 LABOUR LEGISLATION their observations to the Governor, who would then appoint a final arbitrator. Arbitration decisions would not be subject to appeal. Industrial Health and Safety 1 The legislation of the French West Indies in this respect comprises (a) general provisions, (b) provisions relating to the employment of women and children, (c) provisions for the mining industry, (d) provisions in regard to the use of white lead in painting, (e) provisions in regard to the weight of heavy packages to be transported by vessels and (f) provisions in regard to safety and health in maritime employment. The provisions of a general character apply to specified industrial and commercial undertakings. In particular, requirements are laid down in principle in regard to sanitation, health and hygienic conditions in such undertakings, the installation, maintenance and shielding of machinery and other safety measures. The distribution of all except certain specified beverages is prohibited in such undertakings. The Governor-in-Council is empowered to make regulations covering, inter alia, minimum standards in regard to lighting, ventilation, drinking water, fire-fighting equipment, the provision of lavatories, etc. Women and young persons may not be employed in any of the scheduled occupations on dangerous work or work beyond their strength, in accordance with regulations to be made by the Go vernor-in-Council. An apprentice may not, under any circumstances, be required to undertake work which may be dangerous to his health or beyond his strength. ' Women shop assistants must be provided with seats. The use of specified lead compounds is prohibited for painting. The weight of objects weighing more than one metric ton should be marked on the outside in a clear and durable manner. Social Insurance and Assistance An account is given elsewhere 2 of the comprehensive social security arrangements which are at present being introduced 1 2 Code, Book II, Title II, pp. 49 et seq. Cf. Chapter VII. 330 LABOUR POLICIES IN THE WEST INDIES into the French West Indies and which cover the risks of industrial accident and occupational disease. Nevertheless the arrangements previously in force in regard to workmen's compensation, and which do not yet appear to have been superseded, seem of sufficient interest to be summarised here. Workmen's Compensation.1 A Decree of 19 July 1925 extended to Martinique and Guadeloupe the legislation of metropolitan France in force at that time in regard to accident compensation. These provisions were extended at a later date to French Guiana. Separate provision was made in regard to working in industry and commerce, on the one hand, and agriculture on the other. The arrangements in regard to industrial and commercial workers entitled workers to compensation in regard to accidents which disabled them for more than four days. Permanent total disabüity was to be compensable by a pension equal to two thirds of the victim's annual earnings ; permanent partial disability by a pension equal to one half of the loss in earning capacity entailed, and temporary disability at the rate of one half of earnings during the period of disability, such compensation being due from the day of accident if disability lasted for more than 10 days and from the fifth day after the accident if disability lasted for less than 10 days, at intervals not exceeding 16 days. Provision was also made in regard to the payments due to dependents of workers whose death was caused by industrial accident. The employer was also made responsible for medical and funeral expenses up to a given maximum. A Special Guarantee Fund was established in each territory for the payment of compensation due for permanent disability or death, where the employer or the insurance company, with which he was insured, defaulted. The accident compensation legislation applying to workers in agriculture and forestry followed the same broad principles ; only specified classes of workers were covered, however, and there were a number of differences in procedure in regard to application and payment of compensation. 1 Code, pp. 316-337. LABOUR LEGISLATION 331 Employment of Women and Juveniles Juvenile Employment.1 Legislation exists in all three Departments applying the following international labour Conventions : Minimum Age (Industry), 1919 ; Night Work (Young Persons), 1919 ; Medical Examination (Sea), 1921 ; and Minimum Age (Non-Industrial Employment), 1932. Special provision is also made in respect of (a) the health and safety of employed juvenile workers and (b) contracts of apprenticeship. The Employment of Women.2 Legislation exists in all three Departments prohibiting the employment of women underground or at night in accordance with the terms of the relevant international labour Conventions. Other provisions cover (a) maternity protection, (b) special provisions in regard to the health and safety of women in employment and (c) rest periods for nursing mothers and expectant mothers. Hours and Wages Wage-Fixing Arrangements. The system of minimum wage fixing in the three Departments is based on the principle of extending by Administrative Order to all sectors of an industry or occupation the standards set or levels fixed by collective agreement between employers' and workers' representatives representing a major part of the industry or occupation concerned. A family allowance system is a basic part of the wagefixing arrangements. Regulation of Hours of Work. General provision is made limiting hours of work in industrial and commercial establishments to 40 hours a week in principle. The application of these provisions to particular occupations or industries, however, is to be effected separately for each industry or occupation by Order of the Governor-in-Council. 1 2 Code, pp. 4-8, 36, 38 et seq., 49-53. Ibid., pp. 38 et seq., 49-53. 332 LABOUR POLICIES IN THE WEST INDIES Protection of Wages. Legislative provision exists in all three Departments in regard to (a) cash payment of wages, (b) periodicity of wage payments, (c) provision that payment should not be made during period of weekly rest, (d) limitation on the right of the employer to withhold any part of wages, (e) attachment of wages, (f) truck arrangements and company shops, and (g) stipulation that payment should not be paid in shops, except for employees thereof. Labour Administration and General Conditions of Work Labour Administration.1 The legislation of the three Departments specifies the rights and duties of the labour inspection service and the obligations of employers to keep records, post notices and provide access to the labour inspectors. Conditions of Work. As is the case with minimum wage fixing, the principle of proclaiming the terms of collective agreements applicable to all sectors of an industry or occupation is the principal form of legislative action in regard to the regulation of conditions of work. Nevertheless, general legislation makes provision notably in regard to weekly rest and holidays with pay. The following recent legislation in regard to holidays with pay is of interest. A Decree of 30 January 1948 2, made applicable to Martinique, Guadeloupe and French Guiana the provisions of the legislation of metropolitan France in regard to holidays with pay. The terms of this legislation apply to workers in industry and commerce, but not in agriculture. The period of holidays with pay to which the worker is entitled varies in accordance with his age, the period for which he has worked in the preceding year, and length of service. For persons over 21 years of age the period of holidays with pay consists of one working day for each month worked during the previous year, calculation being made on the basis oí the year 1 June to 31 May. 1 2 Code, pp. 55-57. Decree No. 48-592. 333 LABOUR LEGISLATION For a full year's work the period of paid leave is thus 12 working days or two weeks. For young persons under 18, the equivalent period of paid leave is four weeks for a full working year ; for persons between 18 and 21 the equivalent period is three weeks. The duration of holidays with pay for persons under 21 who have worked less than a full year during the previous 12 months is calculated in proportion to the total period of leave due had they worked for the full year. In addition, workers over 21 are entitled to an additional day of paid leave for each five years of continuous service up to a maximum of six such days. In determining the length of leave due, prescribed holidays with pay, maternity leave and absence from work through incapacity, accident or industrial disease are regarded as part of the effective working period. For workers whose work is by its nature intermittent, for example, in the building trade, periods of 24 working days are regarded as being equivalent to one month. During the period of holidays with pay, workers are entitled to receive the same remuneration as they would have received had they been at work. Where part of the workers' remuneration consists of payment in kind, provision is made for appropriate compensation. Where a worker's contract is terminated, the employer is required to compensate him for the period of paid leave he has been unable to take at a rate scheduled in the legislation under consideration. Employers are required to keep registers showing the arrangements made for providing paid holidays for their employees, and to place such registers at the disposal of the labour inspection service. NETHERLANDS TERRITORIES Contracts of Employment Contracts of and Entry into Employment Employment. The following provisions in this regard are common to the Netherlands Antilles and Surinam. The employment contract is defined as one— . . . whereby one party, the employee, agrees to perform work during a specified time in the service of the other party, the employer, in return for pay. 22 334 LABOUR POLICIES IN THE WEST INDIES Notice of intention to terminate the employment must be given at least one month in advance ; in the case of employees with service of one, two or three years, the period of advance notice is increased to two, three or Jour months, respectively. On termination of service, the employer is obliged to give the employee, upon request, a signed and dated testimonial. A contract may be terminated without notice by employer or employee, but this is unlawful without consent of the other party unless compensation is paid or termination is for reasons recognised by the law as valid, as follows : (a) for the employer —furnishing of false information by the employee at time of hiring ; inability of employee to perform work required of him ; drunkenness or other misconduct on part of the employees ; theft, embezzlement, fraud or other misdemeanour ; maltreatment, abuse, or threats directed at the employer or fellow employees ; influencing of the employer or fellow employees to act in contravention of the law or of good morals ; damaging or endangering property of the employer ; employee's exposing himself or others to serious danger ; disclosure of confidential details of the employer's household or business affairs ; refusal to comply with reasonable requests made by the employer or his representatives ; and serious disregard of other obligations imposed upon him by the contract ; and (b) for the employee—maltreatment, abuse, or unlawful threat ; failure to pay wages at the time stipulated ; failure to provide proper food and shelter included as part of the compensation ; failure to provide sufficient work when the pay is based on output ; serious failure to comply with any other obligations imposed upon him by the contract ; and insistence that the employee, against his will and without reason connected with the nature of the work, render services in the establishment of another employer. The employee may leave his work without notice if continuation would involve serious danger to his life, health, morals, or reputation, or if, because of sickness or other causes beyond his control, he is not able to perform the work required. I t is also stipulated that the employer must provide the employee with a complete text of the regulations, post for public inspection a signed copy at the office of the local District Commissioner and post a legible copy in a place easily accessible to the employee. An employee may not agree in advance to accept the terms of regulations to be established in the future LABOTJE LEGISLATION 335 or to accept some future amendment to existing regulations. Eegulations must always be published in enterprises which employ more than 20 persons, unless a separate written contract is concluded with each employee. Employment Exchanges. Legislation in regard to the establishment of employment exchanges exists only in the Netherlands Antilles. The relevant legislation describes the functions of the machinery set up in the following terms : The public employment service is a service directed and maintained by public authority for the purpose of assisting employers to find labour and workers to find employment. The duties of the employment service are as follows : To act as intermediary with regard to labour supply and demand ; to act as intermediary between employers in Curaçao and workers abroad, and vice versa ; to collect and furnish data concerning the state of the labour market in Curaçao and abroad ; to collect data on which statistics of the placings may be based ; to submit an annual report on the public employment service ; to publish information for vocational guidance ; and to promote vocational training. No charge is made for placement ; the office is allowed to draw fees only to cover expenses incurred at the express request of an employer or worker. I t is to inform applicants about strikes or lockouts which may arise in undertakings, as far as it has been informed, and it must acquaint applicants for work with the conditions of work offered to them. It may not be held responsible for the consequences of placements effected through its agency. It is provided that there should be a Head Office on the island of Curaçao and a Branch Office on the island of Aruba. Other branch offices may be set up as required. 1 Registration of workers. In 1940 legislation was enacted in the Netherlands Antilles relating to the registration of workers with a view to the organisation of the labour supply and the control of conditions of employment. 2 It applies to all gainfully employed workers who are from the Netherlands or are Netherlands subjects, whether or not resident in the Netherlands Antilles, in the service of private employers, of the Gov1 2 Ordinance of 4 July 1946 ; Publicatiebhd, No. 109 of 1946. Publicatieblad, No. 106 of 1945 ; 1946, No. 1. 836 LABOUR POLICIES IN THE WEST INDIES ernment of the Netherlands Antilles or of the Netherlands Government. I t also applies to apprentices and trainees, even when not in receipt of wages. Exemptions include outworkers, persons entering into work contracts who are thereby considered to be employers, heads of undertakings, wives and parents of the employer, children of the employer living in his home and exclusively employed in his service, seamen, persons belonging to a religious order and persons earning a yearly salary of 10,000 guilders or more. Workers covered are required to possess work books which shall contain particulars of the worker and of his occupation or craft. On the request of the employer concerned, foreign workers may be exempted for yearly periods if they have already undertaken, when abroad, to work exclusively in the service of the employer. Work books are to be retained by the employer during the period of service and are to be accessible to controlling officials. After the termination of a contract of service, any worker who does not enter into a new contract within one week is required to surrender his work book to an administrative authority. An employer may not enter in a work book information other than the date at which the worker enters or leaves his service, the occupation, functions or craft of the worker, and particulars of the occupation or undertaking of the employer. Except in the case of domestic servants, the employer is required to keep a register containing the same information concerning the worker as that contained in the work book, as well as a statement of the stipulated wages, Industrial Relations Special provision regarding the conditions of establishment and legal activities of trade unions does not exist in the Netherlands territories. In the constitutions of both the Netherlands Antilles and Surinam it is laid down that the right of association and assembly can in the interest of public order, morality and health be regulated and limited by Ordinance. During 1946 machinery for the settlement of labour disputes was established in Surinam and the Netherlands Antilles. In Surinam a Conciliation Board 1 was set up to 1 Gouvernementsblad, No. 104 of 1946. LABOUR LEGISLATION 337 promote the settlement of labour disputes. This Board was set up for Surinam as a whole, but the Governor was empowered to establish additional boards if considered necessary. The Board consists of from three to five members including a chairman. The members are nominated by the Governor, Employers, employees or trade unions can make application to the Board. The Board is competent only in the case of a dispute which threatens to give rise to, or has already caused, strikes or lockouts in one or more undertaking. The Board is not competent with regard to the following : cases in which the parties have their own conciliator or arbitrator ; cases in which the dispute has been caused by action on the part of one of the parties calculated to avoid compliance with the terms of collective agreements or the decision of a conciliator or arbitrator ; and cases which fall within the competence of a court of law. When agreement has been reached, a memorandum is drawn up and signed by both parties. Provision is also made for the settlement of labour disputes by arbitration. The parties bind themselves, by means of a memorandum drawn up in the presence of the chairman of the Conciliation Board, to submit the dispute to an Arbitration. Board or an arbitrator. This memorandum contains, inter alia, the points of dispute to be brought before the Arbitration Board and the duration of the arbitration decision. If the two parties so request, the Conciliation Board is required to act as an Arbitration Board. The provisions of an arbitration decision dealing with labour conditions become part of the contractual obligations, of the parties concerned for the duration of the arbitration decision. The Governor is empowered to reverse a decision or to order its revision in the following circumstances : cases. in which a decision has not taken into account the provisions of the memorandum by which the parties bound themselves to submit the dispute to an Arbitration Board ; cases in which the proceedings did not comply with the provisions of thelegislation concerned; cases in which the decision or the; memorandum was based on falsified documents or on false, statements. In the Netherlands Antilles a Government Conciliator has been appointed to promote industrial peace. If a dispute involving at least 25 workers threatens to give rise to a strike 338 LABOUR POLICIES IN THE WEST INDIES or lockout, the parties concerned are compelled to submit their dispute for mediation by the Government Conciliator. I n disputes involving fewer than 25 workers, the parties concerned may, if they so choose, submit their dispute to mediation proceedings. The Conciliator is not competent with regard to the following : cases in which the parties have their own conciliator, unless attempts at conciliation have failed ; and cases which fall within the competence of a court of law. The Conciliator is empowered to order the appearance before him of the disputing parties. Failure to comply with this order is a punishable offence. His duties are to seek to bring about settlement of the dispute and offer advice with regard to labour conditions. The dispute can also be submitted for arbitration. The parties bind themselves by means of a memorandum, drawn up in the presence of the Conciliator, to submit the dispute to an Arbitration Board and to abide by its decision. In case of a threatened strike or lockout, the Conciliator is obliged to inform the Governor. The Governor is empowered to fix a term (maximum : 30 days) during which time a strike or lockout is prohibited. Contravention of this provision constitutes an offence punishable by a maximum penalty of one year's imprisonment or a fine of 600 guilders. Industrial Health and Safety The safety legislation in force in the Netherlands territories empowers the Governor to issue regulations for giving effect to the purposes of the law and for the purpose of ensuring the health and safety of persons who are employed in any factory or in connection with machinery. The Safety Ordinance in Surinam x contains provision requiring the compulsory registration of factories and of places where machinery is used. I n the Netherlands Antilles special legislation respecting the protection of dockers against accidents is in force.2 Under this Ordinance the Governor is empowered to issue regulations covering the safety of workers during loading and unloading operations ; the administration of first aid in the event of 1 2 Gouvernementsblad, No. 142 of 1947. Publicatieblad, No. 28 of 1946. LABOUR LEGISLATION 339 accident and damage to health resulting from loading and unloading operations. Such regulations were issued and deal with means of access to the ships and means of transport of the workers, fencing of machinery, construction of winches and hoisting gear, annealing of chains, etc., measures for the prevention of diseases, protection against dust and gases, drinking water, cleanliness and washing facilities, dressing rooms, etc. Most of these provisions are in conformity with the Protection against Accidents (Dockers) Convention (Eevised), 1932. Employment of Women and Juveniles ÏTo legislation is in force prohibiting or regulating the employment of women underground and during the night in the Netherlands Antilles. The Government has stated that there is no reason to enact legislation on these subjects because the employment of women on night work or underground work does not occur in these territories. The only legislation concerned especially with women is the legislation on maternity protection in force in the Netherlands Antilles. Maternity benefits are the same as those for sickness for all married women insured by their employers. In the case of widows and divorced women, maternity benefits are payable if confinement takes place within 300 days following the death of the husband or the date of divorce. They also receive obstetrical treatment by a midwife and, if necessary, by a medical practitioner, and nursing care is supplied. Female workers are not entitled to these benefits if conception has occured previous to the date of entering into contract, or if confinement takes place within six months after entering into contract. In the case of the contract being terminated within ten weeks before confinement, the worker is entitled to maternity benefits. The Governor is empowered in special cases to grant these benefits in whole or in part to unmarried women workers. In case of pregnancy, female workers are entitled to cash benefits for a period of two months whether capable of working or not, but the date of confinement must fall within these two months. If incapacity is caused by pregnancy or confinement, cash benefits are paid for a duration of two months, excluding the first three days of incapacity, on the understanding that the 340 LABOUR POLICIES IN THE WEST INDIES maximum duration of such benefits does not exceed four months. The employer is prohibited from deducting the cost of this insurance from wages. 1 The provisions relating to children and young persons concern their minimum age for entry into various forms of employment. The following table summarises the principal standards in force under the existing provisions : General employment Territories Sea 13 12 — Industry 13 12 Nightwork industry 12 Hours and Wages Minimum Wages. Minimum wage fixing machinery exists only in the Netherlands Antilles. By an Ordinance of 1947, the Governor is empowered, on the advice of a special commission, to fix a minimum wage level for one or more groups of workers for a maximum period of one year. I t is prohibited to enter into or continue in force a contract which calls for a wage which is below the set minimum. The Governor, however, is empowered in special cases to fix wages under the set minimum. The above-mentioned commission nominated by the Governor is composed of two employers and two employees. Under the Dock Labour Board Ordinance 2, by which the workers are divided into three classes, the first class workers have a guaranteed minimum wage of 25 guilders a week, whether they work or not. Maximum Hours. The first legislative enactment to limit working hours in the Netherlands territories was a 1940 Ordinance 3 regulating hours of work of shop assistants in the Netherlands Antilles. The Ordinance limits working hours in shops to 10 a day and 56 a week. I t is further provided that the working hours 1 Publicatieblad, No. 101 of 1946. Ibid., No. 110 of 1946. 3 Ibid., No. 86 of 1940. 2 LABOUR, LEGISLATION 341 prescribed per day should be subject to a break of at least one and a half hours, which period may be spent outside the shop. The employer is required to keep a list showing the working hours of his employees and to post this list in his shop. The lists have to be renewed regularly if the working hours of one or more workers have been changed. In each shop a register has also to be kept, in which all labourers are registered while working in the shop. Legislation enacted in 1941 regarding the hours of work of office workers 1 follows the same pattern as that for shop assistants. A clerk in an office may not work longer than eight hours a day and 48 a week. For offices which form part of a shop, chemist's shop, restaurant, hotel or nursing-home, hours of work are fixed at 48 a week. Protection of Wages. The very detailed provisions on protection of wages which are incorporated in the Civil Codes of the Netherlands Antilles and of Surinam are similar to those in force in the Netherlands itself. Wages are to be paid in money, food, workclothes, a dwelling place, the use of a piece of land, allowances or privileges, and under conditions carefully prescribed by law. A contract by which conditions are imposed as to the place or manner in which any part of the wages shall be spent is null and void. Deduction may be made only in respect of compensation which the employee owes to the employer : fines imposed by the employer in accordance with the legislation ; any unpaid rent of any rented house or cottage lent by the employer to the employee ; any estimated cost for the use of any materials, tools or implements supplied by the employer to the employee at the latter's request ; the actual or estimated cost to the employer of any goods supplied by him to the employee for the personal use of the employee ; any money advances by the employer to the employee; any medicine or medical attendance supplied by the employer but which the law requires to be paid by the employee. Except upon termination of service, total deduction may not amount to more than one fifth of the money wages earned since the last payment of wages. In the case of an employer not paying the wages at the appropriate date, the employee has a claim for compensation which amounts to 5 per cent, per day 1 Publicatieblad, No. 225 of 1942. 342 LABOUR POLICIES IN THE WEST INDIES from the fourth up to the eighth day of delay ; for each following day 1 per cent, of the wage. The total compensation for delay in the payment by the employer cannot amount to more than half of the amount of wages due to the employee. Attachment of a worker's wages is only permitted up to two fifths of wages. Deferred wages may only amount to one tenth of wages and is permitted only for the purpose of compensation due by the employee to the employer. Conditions of WorJc. Statutory provision for holidays with pay came into force in Surinam and in the Netherlands Antilles in 1949.1 Legislation in the two territories is substantially similar. Under the Netherlands Antilles Ordinance, all wage earners employed in establishments in which more than one employee is employed are entitled to an annual holiday with pay of one week for a full year. 2 Contracts providing for a longer such period are not to be affected by the Ordinance. The following classes of workers are excluded from the operation of the Ordinance : seafarers, outworkers, domestic workers and children of the employer living with him. Workers who during a given year have been absent from work for the purpose of fulfilling obligations required by law {e.g., military service) for a period of not less than six weeks or for reasons of sickness or accident for not less than six months are not entitled to such annual holidays. 3 Holidays may be accumulated up to a maximum of four weeks. The period at which holiday may be taken is to be determined by the employer, who should endeavour to take into account the wishes of the worker concerned. In case of termination of a contract, the employer is to pay an amount equal to the remuneration the worker would have received if he had worked during the holiday to which he was entitled. During his holiday, the worker is not permitted to work for the employer or a third party. Contracting out of the legal holiday, even for consideration, is prohibited. 1 Gmivernementsblad, No. 177 of 1948 ; Publicatieblad, No. 17 of 1949. In Surinam, 6 to 12 days, according to the period of service with the same employer. 3 In Surinam, 275 working days entitle a worker to annual holiday. 2 CHAPTEE I X WEST INDIAN LABOUR PROBLEMS AND THE I.L.O. The preceding chapters have provided a substantial quantity of factual data related to the content of labour policies in the West Indies. Although the report is based primarily on documentary material, which has not in all respects and in regard to all territories been as ample as might have been desired, the data assembled suffice to permit a general analysis of trends and policies in the various fields covered by the report. In providing a concluding summary, it has also seemed desirable to give some attention to two considerations : the wish expressed by the third session of the West Indian Conference that the present report be studied by West Indian Governments with a view to securing a greater measure of conformity between their labour legislation and I.L.O. standards 1 ; examination in general terms of the assistance which might be provided by the International Labour Organisation both through the International Labour Office in the exercise of its normal functions and through the expanded co-operative programme of the United Nations and the specialised agencies for technical assistance for economic development to underdeveloped areas. 2 SOME MAJOR PROBLEMS OP LABOUR POLICY IN THE W E S T INDIES I t is not the function of a study prepared by the International Labour Office to attempt to provide diagnoses and remedies except at the request of the Governments concerned. 1 Caribbean Commission Central Secretariat : West Indian Conference, Third Session, p. 76, Eecommendation 70. 2 Cf. Technical Assistance for Economic Development (Lake Success, N.Y., United Nations, May 1949), pp. 74-135. 344 LABOTJB, POLICIES IN THE WEST INDIES The observations that follow on various aspects of labour policy problems in the West Indies are therefore not framed in such terms but are rather designed to draw attention to certain problems which appear to merit special consideration. Manpower Problems The material examined in Chapter I I I has indicated the major importance of manpower problems in the West Indies and the policies designed to alleviate them. While in the mainland territories the problems of policy centre around capital development which will permit the more extensive utilisation of untapped resources and allow of immigration for the exploitation of those resources, in the island territories the rate of population growth and the progressively stronger demand for higher living standards make it difficult to envisage the islands being capable, with their very limited resources, of finding a solution without migration. Clearly, policies directed towards the creation of a broader basis of support for these communities through the establishment of new industries are highly desirable and necessary. But the third session of the West Indian Conference rightly laid a major emphasis on the need for Governments in the area to seek every means for enlarging outlets for migration. The future impact of mechanisation in agriculture and policies intended to limit the extent of underemployment in large-scale agricultural undertakings by measures to stabilise the labour force present likewise serious problems. While such steps will obviously result in raising the level of productivity per worker, their further consequence must be a decrease in the labour force required. Again the problem of policy centres around the manpower thus made surplus, and policies which would make it possible for the worker to obtain a higher standard of living emphasise again the problem of migration outlets. Within the present framework, nevertheless, there are directions in which perhaps more positive efforts might be made, notably in regard to land settlement and the extension of vocational training facilities. The first point has been developed to some extent in earlier chapters, but one major aspect of the second needs perhaps particular emphasis. Part WEST INDIAN LABOtHt PROBLEMS AND THE I.L.O. 345 of the difficulty in securing migration outlets for West Indian workers lies in the fact that most of them are unskilled. In Puerto Rico, one of the implicit purposes of the large-scale vocational and technical training programme which has been inaugurated is to provide the community with skills demanded not only in Puerto Rico but in areas to which Puerto Ricans might migrate. The introduction of large-scale programmes of vocational training by other West Indian territories would not only serve a variety of internal needs, but would probably be a step in the direction of breaking down some immigration barriers. Adequate information about the manpower situation is required if vocational training facihties are to be expanded in the most useful directions. Manpower surveys are necessarily the first stage in obtaining such information : it is likewise difficult for the administration concerned to formulate manpower policies in the absence of such information. The role of improved employment organisation services must in the circumstances of the West Indies be regarded as being of subsidiary importance, in view of the limited range of employment possibilities and the small populations and areas of nearly all the territories. The attention given in some of the territories by such services to migration outlets is a recent development which will undoubtedly assume increasing importance. The provision of services which cover entire territories rather than the principal town or towns is one respect in which much progress remains to be made. The development of employment counselling services, which exist in an embryonic form in a few territories, will largely depend on the availability of more adequate manpower information. The question of the practicability of introducing unemployment benefit schemes in West Indian territories is referred to below. Clearly, however, the introduction of such schemes would not be a fundamental attack on the bases of West Indian manpower problems. A far-reaching and planned programme of industrialisation seems indicated as part of any West Indian manpower programme which might attain significant results. 346 LABOUR POLICIES IN THE WEST INDIES Industrial Relations and Labour Administration The very considerable strides made during the past decade in the development of employers' and workers' organisations, collective bargaining, conciliation machinery and labour supervision services have been noted in Chapter IV and only a few points need be stressed at this stage. Existing legislation in nearly all the West Indian territories contains, in terms of the national legal system concerned, the provisions necessary to enable the proper functioning of employers' and workers' organisations. To a very large extent, the further development of these organisations depends on their own efforts and there is little that Government policy can effect in this regard. Nevertheless, some of the steps taken in a number of territories to further trade union development, such as courses for the training of trade union officers, highly commend themselves. There are two further ways in which policy might be directed towards fostering the growth of collective bargaining units and the habit of negotiation in territories where progress in this respect has been slow. On the one hand, the development of joint committees on the lines of the Estate Joint Committees in British Guiana, but not confined to agriculture, might be given particular consideration. The same comment might be made in regard to the establishment of minimum wage fixing machinery on a tripartite basis, a point more fully considered below. Every indication exists of the valuable work performed by the labour supervision services in the West Indies, whose task is made relatively heavier by the present stage of development of employers' and workers' organisations. Equally clear appears to be the inadequacy of present staffs in virtually all territories. The possibility of specialisation in the various branches of labour administration is rare and, particularly in the smaller territories, the tasks of the labour officers are much too extensive to permit of their full discharge. In respect of labour inspection, it should be noted that the third session of the West Indian Conference gave particular emphasis to the desirability of fuller development. The I.L.O. Committee of Experts on the Application of Conventions and Recommendations has also stressed, particularly at its 1949 and 1950 meetings, the need of adequate labour inspection. services in non-metropolitan territories as a whole. WEST INDIAN LABOUR PROBLEMS AND THE I.L.O. 347 Regulation of Wages, Hours and Conditions of WorTc One major problem of policy in this regard which has faced West Indian Governments has been that of the extent to which Government intervention in this field might hamper the effective development of employers' and workers' organisations and direct negotiation, which were also major objectives of policy. In Chapters V and VIII an account has been given of the ways in which this problem has been handled in the different territories. One direction in which much progress remains to be made is in the establishment of adequate statistics on wages questions, which would permit of analysing labour costs and related questions on a comparable basis. Minimum wage regulation machinery is now general throughout the area, combined, in a number of cases, with provisions empowering the bodies concerned to lay down requirements in regard to conditions of work. The present trend, which seems to provide a satisfactory solution of the problem noted above, is in the direction of tripartite machinery of the Wage Councils type in occupations in which collective bargaining units are inadequately developed, and to empower such bodies to regulate specified conditions, of work. Considerable progress has been made in the West Indies in the development of factory legislation, though the inspection machinery to give effect to this legislation has developed more slowly. In regard to safety in agriculture, however, little has been done except in Puerto Eico and this seems to be a field in which Governments might well consider action. Employment of Women and Juvenile Workers As has been shown in Chapters VI and V i l i , a considerable body of legislation has been enacted and applied in the West Indies for the protection of women and juvenile workers and effect has been given to most of the international labour Conventions in this field, in whole or in part. There are, however, four points in respect of which further consideration might be given by West Indian Governments to the problems of women in employment : the provision of maternity leave and benefit ; the problem of equal remuneration for work of equal value ; regulations in respect of work unsuitable for women, and the general status of the domestic worker. 348 LABOUR POLICIES IN THE WEST INDIES As noted in Chapter VI, the problems of regulation of employment of children and young persons is complicated in the West Indies both by deficiencies in schooling facilities and by inspection difficulties. Nevertheless, greater uniformity might be achieved in respect of the minimum ages of admission to various forms of employment. The fuller application of the standards set by international labour Conventions in this field might also be regarded as one approach to the alleviation of the West Indian manpower situation. Social Security Questions In this field, workmen's compensation provisions are alone of wide practical significance at the present time in the area. The coverage of existing provisions varies considerably and also the conditions under which the worker is entitled to benefits. Much progress remains to be made in this respect ; in particular, the exclusion of agricultural workers from coverage in some territories needs to be reconsidered. The growing practice of including provisions which require the employer to insure against his liability might profitably be extended. An important gap in the legislation of most territories is provision for compensation in respect of occupational diseases. As has been noted in Chapter VII, much attention has recently been given to the question of introducing further provision in the field of social security. The major problems in this respect in the West Indies would seem to centre around difficulties of administration, since actuarial analysis can ensure that schemes introduced have a sound financial basis. The fact that one territory has introduced sickness insurance arrangements and another unemployment insurance adds emphasis to the need for Governments to continue exploration of possibilities in this field. SOME ASPECTS OF THE APPLICATION OF INTERNATIONAL LABOUK CONVENTIONS TO W E S T INDIAN TEEEITOBIES The third session of the West Indian Conference, after consideration of the subject " Legislation on Labour Standards " on its agenda, made, inter alia, the following comment and recommendation : We observe that there is considerable variation in the labour laws in force in the Caribbean and that legislation in some territories appears to be below accepted international standards... WEST INDIAN LABOUR PROBLEMS AND THE I.L.O. 349 We recommend that the I.L.O. report on Labour Policies in the West Indies be studied by the territorial Governments in connection with the Secretariat's digest (of labour legislation), and that measures be taken by each territory to bring its legislation into conformity with I.L.O. standards, particularly in regard to labour inspectorates.1 The general desirability of including in a report on labour policies prepared by the International Labour Office some account of the position in regard to application of international labour Conventions in the region surveyed is, therefore, reinforced by this explicit recommendation of the West Indian Conference. A detailed analysis of the extent of application of international labour Conventions to the West Indies is beyond the scope of the present report. 2 Attention here is limited to describing the general background of the Conventions in respect of application to non-metropolitan territories in general and the West Indies in particular. All of the West Indian territories studied in the present report are non-metropolitan territories within the meaning of the Constitution of the International Labour Organisation. 3 The obligations of Member States—in the present instance : France, the Netherlands, the United Kingdom and the United States—in regard to the application of Conventions to the nonmetropolitan territories for whose international relations they are responsible is determined by Article 35 of the Constitution. The basic obligation of the Article is stated in its first paragraph— 1. The Members undertake that Conventions which they have ratified in accordance with the provisions of this Constitution shall be applied to the non-metropolitan territories for whose international relations they are responsible, including any trust territories for which they are the administering authority, except where the subject matter of the Convention is within the self-governing powers of the territories or the Convention is inapplicable owing to the local 1 Caribbean Commission Central Secretariat : West Indian Conference, Third Session, op. cit., p. 76. 2 Cf. however, for a full analysis, the Annual Summaries of Reports on the Application of Conventions submitted to the International Labour Conference and the Reports of the Committee of Experts on the Application of Conventions and Recommendations thereto appended, particularly for the years 1948-1950. 3 The position of the French West Indian Departments in this respect is made clear by an explanation provided by the French Government representatives at the 32nd Session of the International Labour Conference. The French Government's official interpretation is that Article 35 applies to all territories of the French Union (including the Overseas Departments) outside metropolitan France. Cf. International Labour Conference, 32nd Session (Geneva, 1949) : Becord of Proceedings (Geneva, I.L.O., 1951), p. 450. 23 350 LABOTJE, POLICIES IN THE WEST INDIES conditions or subject tc such modifications as may be necessary to adapt the Convention to local conditions. Paragraphs 2 to 7 of Article 35 make provision as to the form and content of original and subsequent declarations to-be made regarding the application, non-application or modified application of a Convention to a non-metropolitan territory. Distinctions of procedure are established as between the following different circumstances : cases in which the subject matter of the Convention is within the self-governing powers of the non-metropolitan territory concerned; cases in which the subject matter of the Convention is not within the selfgoverning powers of the non-metropolitan territory concerned ; declarations by two or more Members in respect of a territory under their joint authority ; declarations made by an international authority responsible for the administration of a non-metropolitan territory. Under the Constitution, therefore, the obligations of Article 35 in respect of a given non-metropolitan territory arise only when the Member responsible for the international relations of the territory has ratified the Convention. 1 Of the 100 Conventions so far adopted by the International Labour Conference, 61 have up to the present time been ratified by France, 35 by the Netherlands, 50 by the United Kingdom, and six by the United States. The low figure for the last named country has to be considered in the light of the fact that the United States entered the Organisation only in 1935 and, moreover, is affected by the special provisions of the Constitution in regard to the ratification of Conventions by federal States. Nine Conventions primarily applicable to non-metropolitan territories have been adopted by the International Labour Conference. The Conventions dealing with the problems of forced labour, recruiting, the abolition of penal sanctions for breach of contract and the regulation of contracts of employment have little practical application to West Indian conditions. 2 Four Conventions adopted in 1947, concerning general 1 Nevertheless, Members ratifying the Labour Standards (Non-Metropolitan Territories) Convention, 1947, may, however, assume under its terms t h e obligation to apply t o the territories for which they are responsible certain scheduled Conventions which they may not themselves have ratified. 2 The Forced Labour Convention, 1930, the Recruiting of Indigenous Workers Convention, 1936, the Contracts of Employment (Indigenous Workers) Convention, 1939, the Penal Sanctions (Indigenous Workers) Convention, 1939, and the Contracts of Employment (Indigenous Workers) Convention, 1947. WEST INDIAN LABOUR PROBLEMS AND THE I.L.O. 351 social policy, labour inspectorates, industrial relations and the application of international labour standards to non-metropolitan territories, together provide a comprehensive code of general labour and social policies considered by the Conference as the minimum standards for application in non-metropolitan territories. 1 Under the terms of the Constitution, Governments are required to provide annual reports on the application of the Conventions they have ratified to the non-metropolitan territories for which they are responsible. These reports are laid before the International Labour Conference after prior examination and comment by the Committee of Experts on the Application of Conventions and Eecommendations, whose field of work covers the Member States as well. At its 1950 meeting, the Committee undertook a particularly detailed review of the present situation in regard to the application of Conventions to non-metropolitan territories. In its report, a number of general points of interest were stressed. 2 The extreme unevenness of application as between different territories was remarked. The Committee recommended that, in territories where sufficiently representative organisations of employers and workers existed, copies of the annual reports should be communicated by the Governments for observations ; in the absence of such organisations, reports might be communicated to tripartite bodies such as Labour Advisory Boards. The value was emphasised of adequate labour inspection services— . . . as a means both of ensuring satisfactory standards of enforcement of legislation giving effect to international labour Conventions and of securing the material on the practical application of Conventions necessary for enabling Governments to provide the fullest possible information in that regard.3 The Committee also noted that informal meetings between Governments for the purpose of examining the possibilities. of ratification or further application of international labour 1 Social Policy (Non-Metropolitan Territories) Convention, 1947, Labour Standards (Non-Metropolitan Territories) Convention, 1947, Right of Association (Non-Metropolitan Territories) Convention, 1947, Labour Inspectorates (NonMetropolitan Territories) Convention, 1947. 2 International Labour Conference, 33rd Session (Geneva, 1950), Report III : Report of the Committee of Experts on the Application of Conventions and Recommendations (Part IV), Geneva, 1950. 3 Ibid., p. 8. 352 LABOUR POLICIES IN THE WEST INDIES Conventions might find great practical convenience in securing the collaboration of the International Labour Office in regard to points of difficulty. T H E INTERNATIONAL LABOUR ORGANISATION AND THE W E S T INDIES The relationship between further progress in the application of international labour Conventions to non-metropolitan territories, assistance from the International Labour Office and the development of an expanded programme of technical assistance on the part of the United Nations and specialised agencies was referred to in the following terms by the Committee of Experts on the Application of Conventions and Eecommendations at its 1949 meeting : Under the terms of the Constitution one of the duties of the International Labour Office is to " accord to Governments at thenrequest all the appropriate assistance within its power in connection with the framing of laws and regulations on the basis of the decisions of the Conference and the improvement of administrative practices and systems of inspection ". The Committee understands that such technical assistance has already been afforded to certain States Members of the Organisation. The Committee wishes to draw the attention of States Members to the practical value of securing such assistance as a means of giving further implementation to their international obligations in regard to non-metropolitan territories. Such assistance would appear to have a bearing not only on obligations already incurred in the ratification of Conventions but even more perhaps for the future. The more recently adopted Conventions and Eecommendations of the International Labour Organisation have a more complex, detailed and technical character than earlier ones, and such assistance might be of particular value in regard to those territories in which local conditions differ widely from those in the metropolitan territories concerned ; The Committee understands that plans are being formulated in particular with regard to technical assistance in the social field to underdeveloped territories. It is keenly interested in these plans and expresses the hope that, in order to facilitate the application of Conventions to non-metropolitan territories, special attention will be devoted to the needs of these territories as regards manpower, industrial health and safety, social security, labour supervision and factory inspection. 1 The expanded programme of the United Nations and the specialised agencies for technical assistance to underdeveloped 1 International Labour Conference, 32nd Session (Geneva, 1949), Report III : Report on the Application of Conventions (Article 22 of the Constitution). Appendix, Report of the Committee of Experts on the Application of Conventions and Recommendations (Geneva, I.L.O., 1949), pp. 11-12. WEST INDIAN LAB0UB PROBLEMS AND THE I.L.O. 353 areas, to the inception of which the above passage makes reference, has now passed from the planning to the operational stage. In so far as the capacity of the I.L.O. to furnish technical assistance is concerned, the expanded programme is of significance in four principal respects. The fact that it is limited to underdeveloped areas reinforces a trend apparent in the emphasis of the I.L.O.'s work during recent years, when increasing attention has been given to the problems of such areas. Since, under the programme, the work of the I.L.O. is pursued within a pattern of assistance for economic development generally in which the United Nations and other specialised agencies participate, a firmer basis is provided for lasting social progress. The programme offers additional financial resources permitting a very considerable extension in practice of the assistance which the I.L.O. can provide and has provided in the past through written information on request and missions to advise Governments, on request, in regard to the solution of particular problems. Fourthly, the active co-operation which the programme requires from the areas seeking technical assistance creates conditions in which self-help becomes a necessary complement of external expert advice. The principal fields in which technical assistance is being offered by the I.L.O. are manpower questions generally, migration, employment service organisation, vocational education and training, vocational guidance, co-operatives and handicrafts, social security, labour legislation, industrial relations, wages, productivity, industrial safety and occupational health, labour inspection, labour statistics and conditions of work of particular industries or groups of workers. The following brief notes should serve to indicate the character and objectives of the technical assistance which the I.L.O. is able to provide in the fields cited. Since planned economic development, the objective of the programme, presupposes an assessment of employment potentialities and manpower requirements, a large proportion of the work so far undertaken by the I.L.O. has been in relation to manpower, covering mainly aspects of migration, employment service organisation, vocational education and training and vocational guidance. I n regard to migration, the I.L.O. projects concern specific plans of emigration, immigration, colonisation and land 354 LABOUR, POLICIES IN THE WEST INDIES settlement, and provide for assistance in the implementation of those plans through proposals for legislation on migration, and through the training of appropriate officials. For countries of emigration, provision is made for assistance in the evaluation of the manpower available for emigration, and in the establishment of the necessary programmes. Projects in the field of employment service organisation lay emphasis on employment information programmes, selection and placement techniques, uniform systems of occupational classification and, in countries of heavy immigration, employment service functions in relation to migrant workers. In certain countries, measures for the determination of manpower requirements and for the organisation of employment in connection with economic development plans are of prime importance. Staff training is an important element in all projects. In the field of vocational education and training, I.L.O. projects are aimed at the improvement of vocational and technical training, both at school and at the place of work, in accordance with the needs of the employment market. The creation of technical training centres, the training of instructors for these centres, the revision of curricula in vocational training schools, the provision of instructors for such schools and the organisation of Government services in charge of these questions and of apprenticeship is contemplated. Emphasis is laid in a number of projects on the vocational training of workers in small-scale industries ; in other projects, the training or retraining of physically handicapped persons is also included. Finally, provision has been made for the organisation of programmes for the training of supervisors in various countries. In regard to vocational guidance, the aim of the I.L.O. is to improve guidance services in consultation with the Ministries of Education and the youth employment services. Vocational guidance is regarded as an integral part of a complete manpower programme, and is to be established and carried out on the Unes laid down in manpower projects ; it will also be closely co-ordinated with the general educational systems of the countries receiving assistance. While, in underdeveloped areas, the serious practical difficulty of introducing social security arrangements in rural areas is recognised, the desirability and practicability of establishing some arrangements to cover at least the urban industrial worker, and the worker in other sectors of employment who WEST INDIAN LABOUR PROBLEMS AND THE I.L.O. 355 is usually entirely dependent on wage earning for the means of life, are generally conceded. The I.L.O. programme in the field of social security is therefore of major significance and is planned along the following lines. In countries where no schemes exist as yet, assistance is given in two stages : at the first stage the lines of the scheme are laid down and a rough estimate is made of the expenditure involved ; the Government's acceptance of the scheme in principle is awaited before a team of two or three experts is chosen to organise the administration at the second stage of the scheme ; at least one of the experts remains until the scheme has actually been launched. The implementation of the scheme is inspected at intervals. For countries where schemes already exist, either administrative or medical experts, or both, are attached as advisers to the directors of social security institutes. These projects are supplemented by short visits (of two or three months) by teams of experts whose task it is to give advice on the improvement of the efficiency of the administration. Each team consists of one general administrator, one accountant-statistician and one medical administrator. Finally, regional seminars of two or three weeks' duration are organised ; topics are chosen to correspond to the needs of the particular region. The aim of policy is the development of social security schemes as an integral feature of general economic development plans—one which will expand as these plans are realised. Briefer comment may be offered on some of the other fields to which reference has been made. Because of the importance of handicraft and small-scale industries in underdeveloped areas and the need for securing an increase in their output, I.L.O. projects include assistance in the improvement of production techniques in these forms of enterprise and their rational organisation on co-operative lines. Technical assistance in the general field of co-operatives is also available in the form of advisory missions and practical assistance in the establishment of Government services and the training of Government co-operative officers. In respect of labour legislation and industrial relations, I.L.O. assistance can be secured in the drafting of labour laws, the administration of industrial relations and the settlement .of disputes (including legislation concerning conciliation and arbitration), and the training of officials concerned with the implementation of labour legisla- 356 LABOUR, POLICIES IN THE WEST INDIES tion. I.L.O. projects relating to productivity are designed to make available the services of experts able to give practical advice on means of raising output, for example, through training programmes, improvement of workshop organisation and management techniques, modernisation of equipment and factory layout. In the field of labour inspection, I.L.O. assistance plans cover the general administrative organisation of inspection services and the training of labour inspectors both for general administration and for dealing with the enforcement of particular branches of the labour legislation of the country in question. The expanded programme may now be said to have passed from its planning to its operational stage. The following table gives details regarding I.L.O. projects under the expanded programme as at 30 September 1951 : I.L.O. TECHNICAL ASSISTANCE PROJECTS ON 3 0 SEPTEMBER 1951 Eequests received directly by I.L.O. (total) . . Total number of projects ,. 122 173 By subjects : Over-all requests Manpower (over-all) Employment service Vocational training Vocational guidance Migration Co-operation and handicrafts Social security Agricultural workers Labour legislation and industrial relations . . . Women and young workers Industrial safety and hygiene Conditions of work Wages questions Productivity Labour inspection Statistics Fellowships projects 18 5 9 33 1 2 23 25 7 9 2 7 6 4 4 7 9 2 By region : Latin America Asia Middle East Africa Europe 54 60 47 11 1 Basic agreements signed Supplementary agreements signed Experts foreseen Fellows foreseen 30 39 67 66 WEST INDIAN LABOUR PROBLEMS AND THE I.L.O. 357 The utilisation of the expanded programme of technical assistance by non-metropolitan territories generally has so far been very limited. This situation is not difficult to explain. In view of their relations with their respective metropolitan countries, non-metropolitan territories have in principle easier means of access than other underdeveloped areas to the reservoirs of technical knowledge which those countries represent ; a number of programmes with similar objectives to those of the expanded programme are at the present time in operation in various non-metropolitan territories. The fact that the programme is of such recent origin, that essentially only a beginning has been made in practical assistance in the field and a groundwork for future action laid, means that the local authorities in non-metropolitan areas, whose relations with the United Nations and the specialised agencies are indirect, have made a slower start than other underdeveloped areas in obtaining assistance under the programme and are less aware of the types of assistance available. At the same time, the character of the programme implies active co-operation on the part of such local authorities, who would also be in the best position to know what were the problems in regard to which they might with value request technical assistance. An important step forward in the direction of solving this inherent difficulty was taken by the United Kingdom Government when, on 25 June 1951, it signed a basic agreement with the United Nations, the I.L.O., the F.A.O., U.N.B.S.O.O., I.O.A.O. and W.H.O. for the provision of technical assistance to the Trust, non-self-governing and other territories for whose international relations the Government is responsible. Under this basic agreement, Governments of territories on whose behalf technical assistance has been requested by the United Kingdom Government may, with the authority of that Government, make supplementary agreements with the Organisations parties to the agreement. General principles are laid down regarding the expenses which are to be borne respectively by the Organisation and the territory concerned. Two other provisions of interest deserve some mention : experts shall, in the course of their work, make every effort to instruct local technical staff of the Government of the territory where expert assistance is being given in the methods, techniques and practices of such work ; as part of the provision of technical assistance to non-metropolitan territories, the Organisations 358 LABOUR POLICIES IN THE WEST INDIES concerned undertake to give sympathetic consideration to candidates nominated by the United Kingdom Government i n the awarding of fellowships and scholarships offered by the respective Organisations. This agreement may perhaps set the pattern for nonmetropolitan territories in regard to the programme : in any case, it may be regarded as an indication of the importance attached to the programme as a supplement to the efforts of metropolitan authorities themselves to improve conditions in the territories for whose administration they are responsible. I t has also the value of emphasising the fundamental part that the competent authorities in the territories must play in the formulation of requests in practice, whatever the official channels through with such requests must pass. In brief, in the Caribbean and other non-metropolitan areas, as elsewhere, such benefits as the expanded programme of technical assistance of the United Nations and the specialised agencies can offer must have as their complement active planning and support by the communities concerned, whose will to progress is of the essence. APPENDICES 361 APPENDICES APPENDIX I AREA AND POPULATION OF WEST INDIAN TERRITORIES Population Area in square miles Approximate population density per square mile 78,275 1 207,262 1 37,3942 414,306 1 65,354 ! 1,416,9873 114,3372 618,603 1 251,7764 4,375 166 22 89,480 8,598 4,411 422 1,980 820 18.0 1,250.0 1,700.0 4.6 7.6 321.0 270.0 312.0 307.0 . . . . 278,864* 28,537 * 262,000 * 688 34,740 385 405.0 0.9 680.0 Surinam Netherlands Antilles . . 207,684 * 148,530 6 54,300 403 3.8 368.0 3,435 132 642.0 202.0 Territory Bahamas Barbados Bermuda British Guiana British Honduras . . Jamaica Leeward Islands . . . Trinidad and Tobago. Windward Islands . . Guadeloupe French Guiana Martinique . . . . Puerto Eico American Virgin Islands 2,205,938 2 26,6542 1 Official Estimate for end of 1949, Annual Report for 1949 (London, H.M. Stationery Office, 1950). ' Official Estimate for 1950. United Nations General Assembly, Information from Non-Self-Governing Territories : Summary and Analysis of Information Transmitted under Article 73« of the Charier, Sixth Session, 1951. s Official Estimate for end of 1950, Report on Jamaica for the Year 1950 (Kingston, Government Printer, 1951). * 1946 Census. 5 Official Estimate for 1947, including 3,700 Amerindians and 22,000 Bushmen. United Nations : Non-Self-Governing Territories, Summaries and Analyses of Information transmitted to the Secretary-General during 1949 (Lake Success, New York, 1950). * Omcial Estimate for 1947. United Nations : Non-Self-Governing Territories . . . op. cit. APPENDIX II — LAROUR FORCE OF BRITISH WEST INDIAN TERRITORIES AT LATEST CENSUS Jamaica and Dependencies, 1943 Census area, 1946 Sex Barbados British Guiana 93,664 91,369 2,295 51,077 49,776 1,301 42,587 41,593 994 147,481 146,164 1,317 106,517 105,584 933 40,964 40,580 384 British Leeward Honduras Islands Trinidad and Tobago Dominica Grenada Saint Vincent Saint Lucia Jamaica Cayman Turks Islands Island 559,248 505,092 54,156 343,325 321,637 21,688 215,923 183,455 32,468 2,780 2,531 249 1,707 1,588 119 1,073 943 130 2,916 2,689 227 1,629 1,542 87 1,287 1,147 140 143,137 88,981 54,156 79,827 58,139 21,688 63,310 30,842 32,468 249 227 249 119 227 87 3 119 130 87 140 3 130 140 Labour force at latest census Persons—Total Experienced x Inexperienced Males—Total . Experienced x Inexperienced Females—Total Experienced x Inexperienced 2 2 20,335 20,133 48,684 48,025 202 659 16,530 16,386 26,969 26,591 144 378 3,805 3,747 21.715 21,434 58 281 218,784 213,093 5,691 163,451 160,137 3,314 55,333 52,956 2,377 21,934 21,310 28,239 27,606 22,954 22,691 32,813 31,891 624 633 922 263 12,253 11,984 14,565 14,299 18,664 18,170 12,610 12,447 269 266 494 163 9,681 9,326 13,674 13,307 14,149 13,721 10,344 10,244 355 367 428 100 3,234 2,312 1,178 Unemployed at last census Persons—Total Experienced. Inexperienced Males—Total . Experienced. Inexperienced Females—Total Experienced. Inexperienced 2 2 7,259 4,964 2,295 3,802 2,501 1,301 3,457 2,463 994 3,731 2,414 1,317 2,630 1,697 933 1,101 717 384 1,151 949 202 2,414 1,755 659 1,011 1,257 867 144 140 82 58 879 378 1,157 876 281 15,241 9,550 5,691 10,629 7,315 3,314 4,612 2,235 2,377 1,519 1,549 895 624 726 457 269 793 438 355 916 633 645 379 266 904 537 367 915 263 626 463 163 552 452 100 922 1,765 1,271 494 1,469 1,041 428 3 Proportion of unemployed to total labour force (per cent.) Both sexes Males. . Females 7.75 7.44 8.12 2.53 2.47 2.69 Both sexes Males. . Females 5.43 5.02 5.92 1.65 1.61 1.77 5.66 6.12 3.68 4.96 4.66 5.33 6.97 6.50 8.33 6.93 5.93 8.19 5.49 4.43 6.61 5.13 4.96 5.34 9.86 9.46 10.38 25.59 23.25 29.32 Proportion of experienced unemployed to experienced labour force (per cent.) 4.71 5.29 2.19 3.65 3.31 4.09 4.48 4.57 4.22 4.20 3.81 6.70 3.32 2.65 4.04 7.25 7.00 7.59 Source : Central Bureau of Statistics, Jamaica : Quarterly Digest of Statistics, No. 6, Jan.-Mar. 1949, p. 45. 1 Gainfully occupied including unemployed wage earners (experienced unemployed). ' Persons seeking a first job. 4.03 3.72 4.41 a 17.62 18.08 16.81 Total of inexperienced unemployed only. 363 APPENDICES APPENDIX III PUERTO RICO : CIVILIAN POPULATION 14 YEARS OF AGE AND OVER, BY EMPLOYMENT STATUS AND SEX AVERAGES FOR FISCAL TEARS 1 9 4 6 - 1 9 4 7 , 1 9 4 7 - 1 9 4 8 , AND 1 9 4 8 - 1 9 4 9 (in thousands) Changes Employment status 1948-49 1947-48 1946-47 1947-48 to 1948-49 1946-47 to 1947-48 Both sexes : Civilian population 14 years of age and over I n the labour force Employed At work 30 hours or more . . Less t h a n 30 hours . W i t h a j ob b u t not a t work Unemployed Not in the labour force . . 1,342 686 616 594 444 150 22 70 656 1,320 686 612 594 446 148 18 74 634 1,296 685 606 579 434 145 27 79 612 + 22 + 24 * Male: Civilian population 14 years of age and over I n the labour force . . . . Employed A t work 30 hours or more . . Less t h a n 30 hours . With a j o b b u t n o t a t w o r k Unemployed Not in the labour force. . . 670 520 459 441 351 89 18 61 150 659 515 450 436 345 91 14 65 143 646 520 449 Female : Civilian population 14 years of age and over I n the labour force . . . . Employed A t work 30 hours or more . . Less t h a n 30 hours . With a job b u t n o t a t work Unemployed Not in labour force . . . . 672 166 157 153 93 60 4 9 506 661 170 162 158 101 57 3 9 491 651 165 157 150 96 54 6 8 429 338 91 21 71 126 486 + 4 — 2 + 2 + 4 — 4 + 22 +H + + + + — 5 9 5 6 2 + 13 — 5 * + 7 + 7 — 7 — 6 + 17 + + + H — — — + 15 + 12 + 3 — 9 — 5 + 22 4 5 5 + 10 + 5 + 3 * + + + + + + 5 15 5 Source : Statement of Commissioner of Labor of Puerto Rico, Fernando SIERRA BERDECÌA, before the Labor and Education Subcommittee of the United States House of Representatives on extension of a 75 cents minimum wage to Puerto Rico (mimeographed). * Less than 2,000. 364 LABOUR POLICIES IN THE WEST INDIES APPENDIX IV JAMAICA : DATA REGARDING WAGE EARNERS AND GAINFULLY OCCUPIED POPULATION WOEE STATUS OF THE GAINFULLY OCCUPIED POPULATION, 1 9 4 3 Status Unpaid family worker . . . . Total Male Female 505,092 20,768 153,274 283,439 47,611 321,637 17,913 100,366 182,029 21,329 183,455 2,855 52,908 101,410 26,282 Source : Jamaica, Central 3ureau ol Statistics : Eighth Census of Jamaica and its Dependencies, 1943 (Kingston, Government Printer, 1945), p. lxvi. INTENSIFY OF EMPLOYMENT IN 1 9 4 2 Number of weeks employed Average number of days employed per week Wage earners Weeks Total Male Female Wage earners Days 1 6,690 3,560 3,130 1- 4 8,505 4,755 3,750 2 5- 8 9-12 10,878 6,526 4,352 3 13-15 21,061 12,695 8,366 4 19,916 12,798 7,118 5 16-20 21-24 8,142 5,239 2,903 6 42,702 28,616 14,086 7 25-28 29-32 15,643 10,704 4,939 None 33^0 36,195 24,948 11,247 Not specified 41 and over 99,653 62,123 37,530 Total None 8,012 4,676 3,336 Not specified 6,042 5,389 653 Total 283,439 182,029 101,410 Source : Idem, pp. 182-188. Total Male Female 1,210 7,525 26,454 49,838 56,766 71,914 55,671 8,013 6,048 283,439 838 4,775 17,731 35,538 42,212 51,285 19,586 4,676 5,388 182,029 372 2,750 8,723 14,300 14,554 20,629 36,085 3,337 660 101,410 WAGE EAENEES AND UNPAID WOEKEES BY OCCUPATIONAL GEOUPS AND SEX, 1 9 4 3 Occupational group AH wage earners and unpaid workers Total All occupations Agriculture Quarrying Fishing . Forestry . Manufacturing and mechanical Construction Transportation and communication Trade . . . . Finance . . . Service . . . Recreational Professional Public . . . Personal . . Clerical . . . Labourers—general (odd jobs) . . . Source : Idem, p . 214. Male Wage earners at work week ending 12 Dec. 1942 Wage earners not at work week ending 12 Dec. 1942 Female Total Female Total Male Female Total Male Female Male Unpaid workers 331,044 124,354 426 357 650 203,352 92,856 131 357 650 127,692 31,498 295 194,458 66,157 251 251 456 123,890 50,979 95 251 456 70,568 15,178 156 88,975 37,206 174 66 193 58,133 25,425 35 66 193 30,842 11,781 139 47,611 20,991 1 40 1 21,329 16,452 1 40 1 26,282 4,539 19,521 13,605 15,432 13,605 4,089 11,626 7,081 9,560 7,081 2,066 4,300 5,504 3,719 5,504 581 3,595 1,020 2,153 1,020 1,442 10,132 7,380 192 89,635 137 5,943 4,549 79,006 8,918 8,686 4,388 188 17,928 125 2,211 4,193 11,399 5,673 1,446 2,992 4 71,707 12 3,732 356 67,607 3,245 7,014 5,888 166 54,163 112 5,209 4,390 44,452 7,866 5,733 3,552 164 14,577 102 1,994 4,048 8,433 4,934 1,281 2,336 2 39,586 10 3,215 342 36,019 2,932 3,087 993 26 14,176 22 407 159 13,588 989 2,929 635 24 1,997 21 186 145 1,645 712 158 358 2 12,179 1 221 14 11,943 277 55,874 43,458 12,416 33,539 26,508 7,031 22,261- 16,894 5,367 Ö M 31 499 24 201 7 298 21,296 3 327 1,354 2 31 19,942 1 296 20,966 63 1,321 27 19,645 36 74 56 18 a fei ¡a Co I Ol 366 LABOUR POLICIES IN THE WEST INDIES APPENDIX V JAMAICA SUGAR INDUSTRY * : UNDEREMPLOYMENT AND SEASONAL UNEMPLOYMENT AVERAGE NUMBER OF 9-HOUR DATS WORKED P E E WEEK DURING CEOP (1940-1942) 1940 1941 1942 Range of days worked Average Range of days worked Average Range of days worked Average Railway and carting Sundry operations . 1-4 2-5 1-5 1-7 2-5 3.00 3.00 3.25 4.00 3.25 1-5.0 2-4.0 2-6.0 1-6.0 1-5.5 3.00 3.25 4.00 4.50 3.50 2-5.4 2-5.8 2-6.0 2-7.0 2-6.0 3.75 3.60 4.10 4.80 4.00 Factory : Skilled workers . . Unskilled workers . 4-8 4-7 5.00 5.33 5-9.0 4-9.0 6.75 6.00 4-8.0 4-8.0 7.00 6.00 Operations Field: Preparing land and planting . . . . Cultivation . . . . 1 There are 27 sugar estates in Jamaica. The figures given in the table are compiled from returns for 17 estates. AVERAGE NUMBERS EMPLOTED IN-CROP AND OUT-OF-CROP AND AVERAGE NUMBER OF DAYS WORKED OUT-OF-CROP, 1 9 4 2 * Numbers employed ln-crop Numbers employed out-of-crop Average number of days out-of-crop Field: Preparing l a n d s . . . Cultivation Reaping Railway and carting Sundry 958 4,123 7,616 1,760 2,035 1,192 9,100 3.1 3.0 1,030 2,540 3.5 3,7 Factory : Skilled Unskilled 1,614 1,790 1,034 1,291 4.8 4.6 Operation — 1 Out-of-crop figures are from 24 estates, in-crop figures from 17 estates. The range of seasonal unemployment is therefore much greater than figures suggest. Source : Annual Report on the Work of the Labour Department for the years 1940, 1941 and 1942 (Kingston, Government Printer, 1941, 1942 and 1943). 367 APPENDICES APPENDIX VI JAMAICA: LABOUR UNION ORGANISATION AND ASSETS Union membership Year ending 31 March 1919. 1926. 1934. 1938. 1939. 1940. 1941. 1942. 1943. 1944. 1945. 1946. 1947. 1948. . . . . . . . . . . . . . . . . Total wage earning labour force in March Number 199,300 208,600 245,500 261,700 266,300 270,900 275,500 280,100 284,600 289,200 293,800 298,400 303,000 307,300 80 120 80 1,080 8,500 12,600 10,700 24,000 35,000 46,000 56,400 57,700 64,200 67,700 Number Percentage of active of total wage unions earners 0.04 0.06 0.03 0.41 3.19 4.65 3.88 8.57 12.29 15.90 19.19 19.34 21.18 22.03 1 2 2 3 4 12 12 14 17 25 34 28 23 23 Gross Union assets 50 55 55 150 1,400 5,200 4,200 4,600 6,100 11,500 17,500 18,500 18,000 18,330 Source : Quarterly Digest of Statistics (Jamaica), No. 6, Jan.-Mar., 1949, p. 37. 368 LABOUR. POLICIES IN THE WEST INDIES APPENDIX VII JAMAICA ï DISTRIBUTION OF ORGANISED LABOUR ACCORDING TO MAJOR INDUSTRIES IN MARCH 1948 Estimated wageearning labour force Number of wage earners organised Percentage of total number of wage earners organised All industries 307,300 67,700 100.00 Agriculture Quarrying and mining Pishing, hunting and forestry. . . Electricity, gas and water . . . . Manufacturing Baking. Printing All other Construction Transportation and communication Trade Finance, insurances and real estate Services Business and recreational . . . Professional Public administration Personal Unspecified 115,600 400 2,450 1,350 24,000 2,050 3,900 18,050 29,750 10,900 11,650 800 79,450 1,000 7,900 10,950 59,600 30,950 36,375 117 152 364 5,261 1,299 661 3,301 3,195 7,137 1,531 53.75 0.17 0.22 0.54 7.78 1.93 0.98 4.87 4.57 10.55 2.26 6,198 117 702 4,320 1,059 7,370 9.16 0.17 1.04 6.38 1.57 10.90 Industry Source : Quarterly Digest of Statistics (Jamaica), No. 6, Jan.-Mar., 1949, p. 37. 369 APPENDICES hl r» «3 O <* © < N -cH I M Û Q 0 0 O r H -*jl CO " * t ~ I > CO © r H © • * i-H t r-l t - C N 0 5 r H CO • * * lO locDi-Hcoeo i • * œ - * co 1 i-ï" co"o ' i-Tco o" i—* <N _J 1 c s > o CO co© 1 1—1 CO~ 05 co t^ o o oo io © r H 1 > © I O OS < N • * 1 >o 0 0 • * 0 0 £*• CO 0 5 1 © rH © 05 I O - # , 1 ri 1 l O H f f i H r> oo œ oq M fol CD V à co S S ° o o o o o ÓÓÓÓÓ 1 co" co • * t-' CO ^JH C 5 c o o i—4 o rHo i—4or - loi—1 ' I O <N CO O IO rt TJH* rH 1 1 —l <N ' © IO (N <N a> CN CD 1 O OD O IO* IN IN 1 1 rH (N CO ' (N d o C0 00 n n 1 cofNOeo 1 <N fc fe | 3 z l.â s > > e ta I ! <! CO I O Tt) o , - * co io c- co ' io rn oo oo © CN © O Ï W I O H <N I N oooiot-t> > *«onto H H W I O H i O 0 5 O CD CO OS - * CD < N CD I O 0 0 r H • * I O CO CD O • * —l I M H O O M t l O r H CO CO ' r H CO C 5 CN t - CN r- © O 1—1 i 1 t - CO I > © ( O t - O ) 0 0 ri CD i - l CD t - 1 <N O c a i-I 1 -cHCOrHiN ' P-H CO i n ' I N CD I f N CO l > CO < N © C N C 5 ' n I N • * i O O l O O 00 • * ' ri ' © OìfN © 00 I N CO CD ' n n ' I HOOt^rl © O »o oo I N I N œ o t e * 1 ©*.O -nt f n 1 ( N r H •* e o o CN < N 05 00 CO CO UlWlMrl CO I O 1 1—1 O © CO t C5COIN •* rH rH O • * n <N 00 © œ © 1 co © • * co 1 o s © - * C5 CO co o © co | 0 « 5 ( N 05 M ' r-Ti-H S K5 i " O OS l > < N 1 o r Ht rsHœ t - S 'S « §o-g g s u »'«JOOt" o i CO < N I N CO o o o o o o o o o o ! rioiod >o IO 00 «s o i—1 o r-1 o ri o ri ori ' I > r H CD ' os a> o co 00 <N co O co F-( o r-i oo CO CO CO -# rH 1i-H I N "O co CO ri— 1 IO co co ' - l !—1 r-4 f-H © t - -ioócoV 1 <N CD I N • * ( I N CO 0 0 l > I O CM 0 0 I - I H O > « 5 ' * « 5 rH IO rH Ö r H CO ' 1—1 co co co © t > © I CN « 3 < N 1 t- O co H r l O CO i > I N t ~ ] eóoóoico © C O C N •<*' eqioœrH 1. - * CO I N < N 1 " rH ' CN I N ' I » O r H C M 1 I-Hi-H 1 IN (N rH | I.-«* 00 rH CO I > O C 0 r H ( N ' c H ( N ' * r H rHCOrH CD 0 0 I O T t l CO rH mbc trik innii yea TO tú bt 03 C ^ to 5 | i - I O ( N CD • * I N i-l CO t - CD I O C 5 - * 0 5 I > IN rH 1 1 0 0 ri t > 00 1 CNOJ | I O CO r H 1 « 1 TO t>Tfiot~coioc»oocNi>o>coeot>i-Hcocot>i-i TO 0 0 I O r H CO « I—1 F-l « I O CO r H I N ->* CO i-H 1 5 f-> iíl"OCOt-XT)(lO«Dt-00'<r)HlOCOt>00T)HOcDt-00'»í(lOCOI>00H a ^rJH ^^1 "'S* ^Jl ^ * ^ * "^* ^5* ^3" >< M* ^ " ^31 ^ í * ^ j l ^ * ^3" ^ * ^J" >ocot-ao-*>ocot-oo ^ > *^^ ^ ^ ^ ^ ^ ^ ^3" ^T" ^31^3* ^ j i ^íj* ' j l ^fl" ^ ^ *^" ^ í ' "'S* OO^ffiQO^OìÀÀ^OO^OìÒO^ÒOlOOÀO^AÓOlOrAÀOÌOCQOìOÌQOOOÌ C o cä •a a 3 o >-es< a en •a o ai 3 •a C c tao OS 'E oo 3 £ r. £ •S c 4 1 J '<! 'fe <> 1 là S <= t E s c e _o ce t» o PH 3 6 4 É S •g s os 370 LABOUR POLICIES IN THE WEST INDIES APPENDIX IX PUERTO RICO : WAGE ORDERS ISSUED RY THE MINIMUM WAGE ROARD UP TO NOVEMRER 1949 Wage Order Effective date Number 1 3 26 Mar. 1943 28 Apr. 1943 4 16 J a n . 1944 5 6 12 Mar. 1944 14 J u n e 1944 7 8 9 4 Apr. 1945 4 J u n e 1945 5 J u l y 1945 10 x 11 12 13 14 1 1 1 15 15 16 21 Nov. 1948 1 Oct. 1949 July Feb. July Sept. 1946 1948 1947 1948 Industry, service or business Leaf tobacco . . . Oane sugar . . . . industrial phase . agricultural phase Hospitals, clinics and sanatoria . . . . Beer and soft drinks Bating and drinking Theatres a n d movies Betañ trade . . . . Bakeries a n d allied industries . . . . Dairying Construction. . . . Transportation. . . Laundries Furniture and woodWholesale trade . . Probable increase caused by Number the Order of workers In the covered by the Order In the annual workpayroll of er's the industry yearly income S $ 15,000 770,000 50 144,000 25 3,608,000 19,000" 24 446,000" 125,000" 25 3,162,000" 3,000 700 300,000 90,000 100 128 6,000 800 10,000 700,000 40,000 1,500,000 117 50 150 1,500 7,000 50,000 13,000 2,000 200,000 600,000 8,000,000 2,755,000 130,000 133 85 160 212 65 1,800 1,500 5,000 224,000 300,000 1,100,000 124 200 220 261,300 20,317,000 78 Totals a n d average Source : Puerto Rico, Department of Labor statistics. 1 This Order was annulled by the Puerto Rico Supreme Court. * Figures in italics included in previous totals. 371 APPENDICES APPENDIX X JAMAICA: EMPLOYMENT, WORKING HOURS, AND WAGES IN SELECTED INDUSTRIES IN THE KINGSTON AREA (1943 = 100) Indices of working hours Wages indices Industry 1946 1947 1946 1947 93 92.3 93.5 127 142.3 Manufacturing Vegetable products. . Carbonated beverage mfg. (distilling and brewing) Baking Confectionery mfg. Cigar and cigarette mfg 98 101 98.3 100.2 99.1 97.2 126 130 134.0 147.6 92 96 102 90.2 92.8 106.8 95.2 92.6 116.4 166 131 120 179.4 139.9 176.9 116 114.7 104.6 107 122.5 Leather products . . Tanning Boots and shoe mfg. 95 92 97 97.7 99.2 96.4 105.0 89.9 109.9 115 131 116 148.0 154.6 144.1 Textile products : Tailoring and dressmaking - general outfitting . . . . 86 92.2 98.7 127 127.1 94.3 99.1 139 147.9 AH industries 1948 Wood and paper products Cabinet making and furniture manufacturing . . . . Printing and publishing 97 91.4 100.9 159 158.2 100 97.8 98.5 124 135.5 I r o n products and repairs : Founding, machining and mechanical repairs . . . 100 100.7 101.1 121 142.4 68 99.0 114.0 114 162.9 Chemical products : Soap and match mfg 372 LABOUR POLICIES IN THE WEST INDIES Indices of working hours Industry Wages indices 1946 1947 1948 1946 1947 1948 94 93.8 84.6 111 142.0 140.9 95 94.4 84.6 109 140.2 140.2 78 82.1 82.1 131 154.9 154.9 98 98.6 102.2 132 138.9 142.0 97 98 93 98 95.0 96.2 90.6 107.3 95.8 97.2 90.6 129.6 117 142 109 127 126.5 146.2 122.6 139.9 142.1 150.0 124.6 140.7 . . 89 86.5 97.1 131 141.6 154.7 General distributive trades (wholesale and retail) . . . . 86 85.7 87.1 121 130.9 141.1 92 94 89.9 94.5 89.4 85.3 127 130 148.9 136.5 170.1 146.1 92 88 93.3 82.8 84.1 90.9 122 142 141.4 151.7 157.7 167.0 94 89.3 89.3 137 159.4 182.7 Miscellaneous products Ice manufacturing and cold storage Mattress making and upholstery . Public utilities . . . Electric light and Gas (local govt.) . Water (local govt.). Transportation . . Non-manufacturing Service Hostelry and board Catering Renovating and dry cleaning Source: Central Bureau of Statistics, Jamaica, B.W.I. : Quarterly Digest of Statistics, No. 6, Jan.-Mar. 1949, table 39, p. 27. 373 APPENDICES APPENDIX XI J A M A I C A : W A G E RATES AND IN P R I N C I P A L I N D U S T R I E S , (per week unless otherwise Occupation HOURS 1950 stated) Rates of pay Average hours worked Agriculture : Sugar workers, male (per day) 10 (per day) female (per day) Farm labourers Public Utilities : Electricity : Electricians and service-men Linesmen Labourers Water : Operators Plumbers Watermen Manufacturing : (Not available) Vegetable products j Leather fale, (female I male Ifemale g ^ m »-i Textlle Wood and paper ^ Iron products male Chemical products J^fe Miscellaneous Construction : Carpenters Plumbers Masons Painters Road labourers" Transportation and communication : Bus operators Conductors Trackmen (railway) Telegraph clerks, Post Office Telephone workers Cable workers £ s. d. 6 0 0 4 0 0 2 14 2 48 48 48 3 3 0 2 18 2 1 12 10 48 48 48 2 1 1 2 3 2 3 2 2 3 1 2 0 0 9 6 4 0 6 0 0 6 6 0 45.2 43.7 46.9 46.9 43.7 45.4 46.6 42.2 45.8 53.9 44.2 45 48 48 48 48 48 18 17 16 0 3 4 2 2 19 2 14 14 2 5 0 4 3 0 0 0 0 3 15 6 0 3 3 48 48 48 45 48 374 LABOTJK POLICIES IN THE WEST INDIES Occupation Rates of pay Trade and commerce : (female j™1^ Clerks (office) Shop assistants j m ^ £ s. d. 8 5 5 4 0 6 0 0 15 2 7 8 Average hours worked 46 45 43.7 41.9 44 45.5 e Service : on call (per day) (per day) Personal service : Domestic imale\ (female Hotels Cater -g K*™™ 1 ^ General labour : ffale ¡W, uè I \ ( ( Í female \ f : male 0 0 2 1 1 1 2 1 18 14 6 8 18 3 2 7 11 4 2 5 3 4 8 11 1 10 to 2 10 1 0 to 1 10 0 0 0 48 on call on call 62 68 56.7 57 48.7 49.2 46.7 46.7 [ 48 0 Source : Report on Jamaica for the Year 1950 (Kingston, Government Printer, 1951), pp. 6-7. 375 APPENDICES APPENDIX X I I TRINIDAD: WAGES DAILY EARNINGS, SELECTED OCCUPATIONS, 1 9 4 1 - 1 9 4 4 AND 1 9 4 8 Earnings in cents (B.W.I, currency) Occupation 1941 1942 1943 1944 45-60 50-60 90-100 70-100 50-75 75-100 80-100 80-120 50-105 55-115 100-180 80-175 46-174 49-170 41-200 82-205 160-230 160-230 175-300 112-320 190-313 30-45 40-50 40-50 45-105 58-110 45-145 50-180 1948 Sugar estates : Field workers (task work) : Cutlassing . . . . Time work : Tractor drivers . . Juveniles (light work) Factory workers (crop season) : Labourers . . . . Chargehands (according to pro- 45-300 45-350 87-180 80-275 Cocoa estates : General labourers . . Grass cutters . . . Cutlassing Government employees 1 : General labour : Male Female 60-80 70-100 60-90 100-250 60-80 70-100 60-90 100-250 80-120 100-135 80-120 120-250 80-120 100-135 80-120 120-250 100-125 100-135 100-150 120-250 60 42 60 42 92-96 50-60 92-96 50-60 124-156 84-96 Source : Reports of the Industrial Adviser for the Years 1938 to 1948 (Port-of-Spain, Government Printer, 1941-1949). ' War bonus excluded. HOURLY EARNINGS, OIL INDUSTRY, 1 9 3 8 - 1 9 4 4 AND 1 9 4 8 Earnings in cents (B.W.I, currency) ' Grade 1938 1939 1940 1941 1942 1943 1944 1948 . . . . 10-27 11-28 13-30 13-30 13-30 13-30 13-30 26-38 Operators and attendants . . . 10-27 11-28 13-30 13-32 13-32 13-32 13-32 29-33 Semi-skilled labour 10-23 11-24 13-26 13-26 13-26 13-26 13-26 26-31 Unskilled labour . 10-15 11-18 13-20 13-20 13-20 13-20 13-20 Tradesmen 25 Source : Reports of the Industrial Adviser for the Years 1938 to 1948, op. cit. 1 Figures given do not include war allowances. 376 LABOUE POLICIES IN THE WEST INDIES APPENDIX XIII PUERTO RICO: AVERAGE HOURLY WAGES BY INDUSTRIES, FISCAL YEARS 1934-1935 TO AUGUST 1949 Industry Agriculture : Coffee Sugar cane . . . Tobacco . . . . 1934-35 1937-38 1939-40 1944-45 Aug. 1949 S $ S $ S Percentage increase 19341935 to Aug. 1949 0.057 0.108 0.049 0.066 0.146 0.052 0.074 0.151 0.062 0.125 0.200 0.116 0.185 3! 224.6 24 0.385 262.4 0.116 6 136.7 6 0.132 0.141 0.183 0.201 0.307 132.6 (except crackers) 0.147 0.184 0.166 Breweries . . . . Buttons . . . . Carpets, rugs and other floor coverings — 0.200 0.187 0.209 0.331 0.383 0.325 0.449 0.463 0.477 0.443 215.0 138.5' 157.6 0.208 0.144 0.166 0.231 1 0 0.134 0.256 0.280» 0.264 0.309 0.195 0.495 0.297 0.316 0.497 0.305 138.0 8 70.7 165.5 115.2 s 121.0 0.361 0.480 233.3 Manufacturing : Apparel and other finished products made from fabrics Bakery products Coffee roastings . Concrete products Crackers . . . . Distilled, rectified and blended liquors . . . . Drugs, medicines, perfumes and other toilet preparations. . . . Fertilisers . . . . Foundries, machine and blacksmith Fruit canning . . Furniture . . . . Hair-nets . . . . Lime kilns . . . Paper boxes . . Pastry shops . . Planing mills . . Printing and allied industries . . . Quilts and mattres- 0.172 — — 0.174 0.119 0.140 0.166 — — 0.138 0.121 0.144 n 0.142 u 0.223 n 0.103 0.255 0.122 0.228 0.121 0.266 0.194 0.452 0.339 0.672 229.1 163.5 0.160 0.078 0.132 0.227 0.114 0.135 0.142 0.152 0.192 0.138 0.260 0.122 0.129 0.219 0.180 0.184 0.149 0.407 0.222 12 0.210 0.351 0.263 0.349 0.562 0.316 0.397 0.467 0.586 0.488 0.342 0.411 251.2 305.1 200.8 228.9' 285.5' 227.5 142,6 206.7 0.449 136.3 0.524 351.7 — —. 0.149 0.141 0.134 0.190 0.116 — • 0.269 0.161 — 0.208 0.191 — • 0.326 0.258 0.216 13 377 APPENDICES Percentage increase 19341935 to Aug. 1949 1944-45 Aug. 1949 0.153 0.217 0.245 0.289 0.423 0.415 0.378 288.1 260.9 270.6 0.186 0.185 0.161 0.240 0.308 0.306 0.246 0.389 0.348 0.298 0.599 0.530 0.524 391.0 229.2 7 181.7 0.200 0.072 0.158 0.061 0.164 0.126 0.152 0.129 0.149 0.124 0.156 0.253 0.213 0.280 0.244 0.397 0.444 0.290 0.363 0.254 122.0 302.8 129.7 316.4 . . . 0.193 0.202 0.215 0.393 0.487" 152.3 Transportation (passenger and cargo) 0.206 0.200 0.244 0.184 0.170 0.201 0.178 0.083 0.184 0.124 0.161 0.140 Industry Shoe manufacturing a n d repairing Soap Soda water . . . Sugar, except refined . . . . Sugar, refineries . Tue Tin cans and other tinware . . . . Tobacco stripping Vermicelli . . . Volatile oil . . . Construction Services : Automobile repair shops Cinemas and theatres . . . . Laundries . . . . 1934-35 1937-38 0.109 0.115 0.102 0.127 0.154 0.102 0.103 0.122 1939-40 S 15 0.530 16 157.3 " 0.259 0.535 18 190.0 0.286 0.215 0.420 1S 136.0 19 0.296 18 256.6 1S> 19 Source : Puerto Rico, Department of Labor Statistics. ' Average hourly rate in Oct. 1948. » Average hourly rate in Apr. 1949. ' Average of hourly rates for planting in Nov. 1948 and harvesting in Feb. 1948. ' Between 1934-1935 and Oct. 1948. » Between 1934-1935 and Apr. 1949. • Between 19341935 and 1948. » Between 1937-1938 and Aug. 1949. • Between 1939-1940 and Aug. 1949. • Includes cigars and cigarettes. 10 Concrete pipe factories only. » Alcohol distilleries only. " Includes fruits and vegetables. 13 Includes bedsprings. » Average hourly rate in June 1949. 15 Between 1934-1935 and June 1949. 1S Average of rates for highway passenger transportation in Aug. 1948 and highway freight transportation in Oct. 1948. " Between 1934-1935 and 1948. » Average hourly rate in Oct. 1949. » Between 1934-1935 and Oct. 1948. PUBLICATIONS OF THE INTERNATIONAL LABOUR OFFICE Legislative Series (Every two months) (Also published in French and Spanish) The Legislative Series consists of translations and reprints of the texts of the most important laws and regulations affecting labour adopted in the different countries. This publication is unique in kind and has a permanent value, especially as a means of reference, for all who are interested in the progress of social legislation. The texts of the laws and regulations are issued in the form of leaflets printed separately to facilitate classification for filing and binding ; instalments are published every two months in a loose cover. Subscribers receive all the texts issued during the twelve months covered by the date of the subscription. These will include a number of laws promulgated before the date of the subscription and also a certain number of those promulgated during its currency. . Every two-monthly instalment includes a supplement, giving the titles of the most important legislative enactments in each country received by the International Labour Office since the previous instalment was published. The texts of individual laws may also be purchased separately ; prices vary from 2 cents or Id. upward according to the number of pages. A specimen copy of the Legislative Series will be sent on application. Annual subscription: $7.50; £2 5s. A General Subject Index covering the years 1935-1941, and supplementing the earlier index covering the years 1919-1934, has also been published. Priée: 35 cents; Is. 3d. PUBLICATIONS OF THE INTERNATIONAL LABOUR OFFICE Payment by Results Studies and Reports, New Series, No. 27 A report prepared in order to provide Governments, employers and other interested parties with up-to-date information concerning the various types of systems now in use, the procedures employed in introducing and applying them, the extent to which they are used in various countries and industries, their effects on output and workers' earnings, their advantages and disadvantages, and the various provisions that have been found necessary to safeguard the interests of employers and workers. The bulk of the report was prepared on the basis of information supplied by the Governments and organisations of a number of countries in response to an Office enquiry; a second part contains a statement of general principles concerning the use of systems of payment by results, which was drawn up by a meeting of experts held under the auspices of the I.L.O. in April 1951. CONTENTS Chapter I. Main Features of Individual and Group Systems of Payment by Eesults. Chapter II. Procedures Used in Introducing and Applying Systems of Payment by Eesults. Chapter III. The Extent of Application of Various Systems. Chapter IV. Examples of Systems Applied in Certain Industries. Building—Chemical—Clothing—Iron and Steel—Laundry—Metal Trades—Paper—Eubber—Textile. Chapter V. Effects on Earnings, Output, Costs, Industrial Eelations and Health. Chapter VI. Some Advantages and Disadvantages. Chapter VII. Safeguards. Chapter VIII. General Principles concerning the Use of Payment by Eesults. Appendix. Observations on Systems of Payment by Eesults received from Governments and from Employers' Organisations and Workers' Organisations in Certain Countries. Index viii-f 204 pages Tables Charts Priée: $1.25; 7s. 6d. PUBLICATIONS OF THE INTERNATIONAL LABOUR OFFICE Year Book of Labour Statistics 1949-50 This edition of the Year Book presents a summary of the principal statistics relating to labour in some sixty countries in all parts of the world. The data are based on communications to the International Labour Office or on statistics from official publications. Text, table headings and notes are given in Enghsh, French and Spanish. In general, annual series give figures brought up to and including 1950, with monthly and quarterly figures brought up to June 1951. The basic arrangement of the material is its division into chapters in accordance with the subject-matter covered. Each chapter opens with an introductory note in which the characteristics of the different types of statistics are discussed and the reservations which must be made in respect of each type are emphasised. The scope and types of the statistics are indicated in the tables and notes. CONTENTS PREFACE Chap. I. II. III. TV. V. VI. VII. VIII. IX. X. XI. Total and Economically Active Population. Employment. Unemployment. Hours of Work. Wages and Labour Income. Consumer Price Indices and Bétail Prices. Family Living Studies. Social Security. Industrial Injuries. Industrial Disputes. Migration. Industrial production (world indices, national indices). Wholesale prices : indices. Exchange rates. APPENDIX. GENEVA, 1951. Pnce 1 volume, xviii+431 pp. Í Paper: $5.00; £1 10s.; 20 Swiss francs | Boards: $6.00; £1 16s.; 24 Swiss francs