WIPA's account of June 14 meeting

AIDE MEMOIRE - June 17 2011
(This account of the June 14 meeting between the WICB and Chris Gayle was kept by the WIPA and released by Caribbean Sports Media Online. The WICB said it had "no input whatsoever" in its preparation and "has rejected it as an accurate account of the meeting.")

1. The Agenda for the meeting was: a. Discussion on outstanding concerns raised by Chris Gayle in relation to the West Indies Cricket Board, Team Management and operations of the team; b. Discussion on the expectations of the WICB of players representing the West Indies.

2. The WICB was represented by Ernest Hilaire, Tony Howard, Otis Gibson and Richie Richardson.

3. Mr. Gayle was accompanied by Mr. Dinanath Ramnarine, President and CEO of WIPA, and Mr. Wavell Hinds, Vice-President of WIPA.

4. Mr. Gayle was asked to attend a meeting by way of a letter from Ernest Hilaire dated June 2, 2011 in which stated inter alia "a number of incidents have occurred including: your choice to make yourself unavailable for the home series against Pakistan, your ill-advised interview on KLAS radio in Jamaica and several 'tweets' which have suggested a general disenchantment on your part with West Indies cricket and the West Indies Cricket Board."

5. Mr. Gayle agreed to the meeting on the basis that the Board seemed to wish, as Ernest Hilaire said in the same letter, "to make your (Mr. Gayle's) considerable talent available to the West Indies and international cricket with a commitment to the discipline which is such an essential part of the current process of rebuilding our sport."

6. Since Mr. Gayle had never been subject to disciplinary proceedings during his tenure as a player contracted by the WICB, and has always been willing to work with the WICB and its officials, Mr. Gayle was certain that all the matters referred to would be amicable resolved at the meeting and he would very quickly be reinstated on the West Indies team.

7. Mr. Gayle had previously expressed his concern about attacks and accusations made on him by Ernest Hilaire, Otis Gibson, Imran Khan and Director, Hillary Beckles and emphasised his willingness to put those behind him and forego any further action in the interests of West Indies Cricket.

8. At the start of the meeting, Mr. Ramnarine made an opening statement in which he made clear that the Meeting was "without prejudice" to any of Mr Gayle's existing rights but hoped that several of the issues related to the Agenda could be dealt with in a manner satisfactory to both parties.

9. Mr Ramnarine also expressed the hope that the meeting would be conducted in a spirit of cordiality and that all the participants would be mindful of the bigger picture and the best interests of West Indies Cricket. He further stated that at the moment West Indies Cricket is hurting and the people suffering most are the fans, sponsors and other stakeholders, including the players, and if we continue to operate in this way West Indies cricket will be doomed and will never regain the pinnacle of world cricket even in the next 20 years.

10. Mr. Ramnarine said that it is unfortunate that Chris was being called to answer his statements which were in response to the comments made by officials of WICB and nothing was being done as a result of their comments about Chris Gayle.

11. Mr. Gibson and Mr. Gayle had a conversation in which both parties tried to explain their comments.

12. Mr. Hinds indicated that it is important for the parties to respect each other's position and try to act always in the best interest of the game. He believes that we needed to find common ground on how we proceed as the game is the biggest loser as a result of these issues.

13. Mr. Gayle made it clear both publicly and to Ernest Hilaire that he is willing and ready to play for the West Indies. He and the majority of the people of the West Indies believe that his presence will add value to the team and vastly increase its chances of winning the Test Series against the World Champions, India.

14. Chris Gayle raised the issue of being threatened by Ernest Hilaire when he Ernest Hilaire sent him a contract for the 2011 World Cup. Chris indicated that as he was in Australia at the time and he wanted to know if WIPA had agreed to this contract and requested that these documents be sent to WIPA so that he can be properly advised. As a result of that request, the WICB CEO responded by informing Chris Gayle that if Gayle did not sign the agreement by Monday at 4.30pm the CEO would instruct the selectors to pick another player. The CEO further stated that he does not have to send any agreements to WIPA and he will not be doing so. Mr. Ramnarine pointed out in the Collective Agreement where the WICB was required to do so. Agreement for the WC 2011 was reached several days after but at the time when Chris Gayle had inquired no agreement was reached.

15. Mr. Ramnarine at one point, early in the proceedings, had asked Ernest Hilaire to ameliorate what some might consider to be a belligerent tone and aggressive manner in which he; Hilaire spoke as he felt that a different atmosphere would be more conducive to a successful meeting.

16. However, it was shortly after that very mild advice from Mr. Ramnarine that Ernest Hilaire made the accusation that the reason for the breakdown of the 2011 World Cup negotiations was that Mr. Ramnarine was attempting to get funds that should ordinarily go to the players paid into a separate account with which the WICB did not agree. When Mr. Ramnarine sought clarification, Ernest Hilaire stated that Mr. Ramnarine was wrongfully trying to get WICB to pay money due to the players into an account and that he had an email from Mr. Ramnarine to support his statement. Mr. Ramnarine vehemently denied the accusation and asked that Ernest Hilaire withdraw it immediately since Hilaire's claim was incorrect and seemed to have been intended to discredit Mr. Ramnarine in the presence of other WIPA and WICB officials (and which could lead to the question of serious defamation considerations). Mr. Ramnarine and the WIPA Vice President demanded proof from Ernest Hilaire about the veracity of his statement. This proof has not been forthcoming. Mr. Ramnarine was visibly upset because this follows on the heels of a previous accusation which is now before the Courts in a defamation action.

17. At the end of the meeting when asked about Mr. Gayle's reinstatement or consideration to be selected to the team, Ernest Hilaire said that Mr. Gayle's consideration for selection would depend on the outcomes of several meetings to be convened in the future between the CEO and the Board of Directors, the CEO and the Management of the WICB, and the CEO and the Selectors.

18. Ernest Hilaire, responding to a question about the absence of the selectors who, according to a WICB release (May 29, 2011) should have been at the meeting, said it was a mistake and that Mr. Gayle would subsequently meet with the selectors at some time in the future.

19. Ernest Hilaire declined to provide any time-frame for the process to be implemented and concluded.

20. Mr. Gayle emphasised his concern that the time-frame for his reinstatement to the West Indies team seemed to be indefinite.

21. Mr. Ramnarine reminded Ernest Hilaire that there was a Code of Conduct and a Disciplinary process enshrined in the Memorandum of Understanding (MOU) and that Ernest Hilaire's letter which accused Mr. Gayle of disciplinary breaches without formal charges and the opportunity to respond were contrary to the principles of natural justice.

22. Additionally it was clear that despite saying that it wanted to make Mr. Gayle's considerable talent available to West Indies cricket, Ernest Hilaire and the other Board representatives showed no inclination to do so in a timely manner.

23. Mr. Ramnarine pointed out that based on the statements made by the WICB; it seemed that Chris Gayle is being disciplined indefinitely. He added that it is disappointing that the WICB does not wish to give a timeframe when Chris Gayle can be eligible for selection on the West Indies team.

24. Mr. Gayle sought clarification as to why he was not considered for selection for the 2011 India home series after he had indicated to the WICB that he is available.

25. Mr. Ramnarine pointed out that all correspondence with a WIPA member on disciplinary, contractual and other industrial relations matters should have been copied to WIPA as the exclusive Bargaining Agent of the players. This procedure is enshrined in the CBA and MOU and is consistent with good industrial relations practice. Mr. Ramnarine stressed that this is the process the parties have agreed to in the various agreements and expressed disappointment at the failure of the WICB to follow that process. It is very unfortunate that the WICB CEO is now claiming that Gayle have not responded to many emails in a timely manner or at all.

26. Mr. Gayle supported Mr. Ramnarine 's point and explained it is very difficult for him sometimes to retrieve emails and respond in a timely manner especially given his cricketing and travelling schedule. Furthermore, he explained that the WICB has sent letters relating to complex contractual matters on which he needs the advice of his Bargaining Agent. He further stated while the WICB has the support of lawyers and legal professionals, he does not have any such resources available at short notice and hence requested that all future correspondence from the Board to him should be copied to WIPA.

27. Ernest Hilaire strongly disagreed with Mr. Gayle asking for correspondence to be copied to his representative. He insisted that he will continue to write directly to the players despite the request from Mr. Gayle and the legal obligations of the WICB and the Board's course of dealings in such matters.

28. Chris Gayle stated that he was indeed very disappointed that the meeting did not end with a clear pathway and timetable for his reinstatement on the West Indies team.

29. The meeting ended at 9.30 pm with no with no clear indication of what or when the next steps would be undertaken.