
Caribbeancricket.com reported today that the West Indies Players Association (WIPA) will advise the players to sign the contracts to be offered by the WICB for the upcoming tour to England, "subject to the decision of the arbitration panel."
The dispute was sent to an arbitration panel chaired by Barbados Chief Justice David Simmons, after the WICB and WIPA differed over whether the upcoming tour was part of the ICC's Future Tours Programme (FTP). According to the MoU signed by WIPA and the WICB in September of last year, the players would be entitled to additional monies for tours outside of the FTP. WIPA believes that this tour is outside the FTP, while the WICB claims otherwise.
From emails released today by WICB Corporate Secretary, Tony Deyal, it appears that the WICB may have arguments in its favour. The original FTP devised in 2001 did not include this current tour to England. This tour was, however, agreed to by the WICB and England's ECB in early 2006 before the FTP was revised by the ICC later that year. Hence it was included in the FTP as an "additional" tour as England and the West Indies would have otherwise met their minimum requirements of matches for the FTP. According to Dave Richardson, GM of the ICC "It is quite clear therefore that the England Tour, although additional to the minimum requirements (and thus indicated as such), is part of the FTP."
Four previous WICB-WIPA disputes have gone to arbitration since the MoU was signed in September 2006 and on all four occasions the WICB has been soundly beaten by WIPA. This time, they might actually win their case for once. But they have only themselves to blame for their past failures in arbitration as the MoU signed by WIPA and the WICB refers to an "overseas programme" which includes the FTP. It may seem to be a distinction without a difference, but has resulted in the sad state of contract squabbles between WIPA and the WICB. In response to Deyal's question for a definition of the "overseas programme", Richardson was nonplussed and replied:
"The grey area has come in due to the definition included in your agreement with the players which refers to an "overseas program". This is not an ICC definition and I am at a loss to explain how we can be expected to know what you intended thereby...Quite frankly I resent ICC being blamed for something which is not of our making."
On the bright side it looks like the tour to England is on. On the other hand this whole saga is further proof of the sad state to which West Indies cricket has fallen.
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