A WAR OF WORDS is developing between the West Indies Cricket Board (WICB) and the West Indies Players Association (WIPA).

After WIPA president Dinanath Ramnarine announced at a Press conference on Tuesday that leading West Indies players were withdrawing their services, the WICB responded with a four-page release to outline its position on some of the issues. Yesterday, there was a counter response from WIPA in a seven-page statement.

The two parties are at loggerheads over a range of issues, including contracts, injury payments, the recent tour of England and the just-concluded home series against India.

WEEKENDSPORT presents the views of both parties on some of the issues.

ENGLAND TOUR 2009

WICB'S SAY:

* At a meeting held between the board and WIPA on March 16, 2009, the players' representatives demanded that the board agree to a set of conditions for participating in the tour, including that:

* The players who had Indian Premier League (IPL) contracts (five in number at the time) be given the option to play in the England tour or to participate in the IPL Tournament, without any sanction/action from the WICB; and

* The players be provided with no objection certificates (NOCs) by the WICB in a timely manner without any restrictions in order to participate in the IPL Tournament.

After much discussion the WICB proposed that:

* The players who had IPL contracts would be given the option to play either in the IPL Tournament or to represent the West Indies in the England 2009 tour; and that

* The players would be provided with NOCs by the WICB in a timely manner; the NOCs to be for the period April 10 to May 1, 2009

* Further, the WICB proposed that the players would receive a total amount of US$1.48 million out of the US$2 million received for the England 2009 tour, which would be first used to "compensate" the IPL players for their early departure from that tournament and the balance of the money being distributed among the other players.

* WIPA maintained its demand that the IPL players be given the option to play in the IPL for the entire season and not just for the period up to May 1. Accordingly, there was no agreement reached on the issue at that time. In fact, at this, Mr Ramnarine claimed that the WICB was not taking the meeting seriously and he brought a premature end to the discussions.

* In April 2009, the WICB sent a formal payment proposal to WIPA regarding the tour of the WI team to England. Although WICB and WIPA discussed the matter, the first written response from WIPA was in June of this year, accepting the proposed US$1.48 million but demanding sponsorship fees in addition at the rate of US$35 000 per day, i.e. an additional amount of US$455 000. WICB indicated that was unacceptable as it would amount to the players receiving a total of US$1 935 000 out of the US$2 million received for the tour.

WIPA'S SAY:

* As required under Article VI of the Memorandum of Articles signed between the WICB and WIPA, both parties are required to agree to any additional matches during the calendar year. This series was additional and required WIPA's agreement first and then settlement of terms and conditions for players' participation.

* The WICB informed WIPA that the Bangladesh series in the Caribbean was no longer going to take place at the time originally in April/May 2009. The players were duly informed and accepted to play in the IPL in India.

* The WICB and England and Wales Cricket Board (ECB) subsequently agreed to participate in a series immediately following the England series of the Caribbean after Sri Lanka withdrew from the England tour to allow their players to participation in the IPL tournament.

* We at WIPA found that the WICB had not complied with the provisions of the agreement between the WICB and WIPA when they decided to accept the invitation to tour England. We were further informed that the tour to England was also a commitment that the WICB had to honour under the terms of the Stanford Agreement for a series of 20/20 matches against England and the Stanford Superstars (West Indies team).

* WIPA's consideration was twofold in that

(a) we wanted to make sure that players who have IPL contracts fulfil their commitments and

(b) more players would have been given an opportunity to tour England during that time.

* During our many discussions the WICB on April 2 made a proposal to WIPA with regards to compensation for the IPL players as well as the other players who would be touring England.

* On April 8, the WICB submitted another proposal to WIPA withdrawing the proposal sent on April 2, 2009.

* On May 7, 2009, at a meeting held between the parties the WICB withdrew their April 8 offer on the England tour promising that they would make a new proposal in due course.

* WIPA inquired about the new proposal which was changed several times; in fact the WICB's legal officer, Ms Alanna Medford, wrote on May 3 that they would be sending the revised proposal for the England 2009 away tour by the end of the following week.

* On June 2, WIPA received a final proposal from the WICB. It is important to note that the series had already been completed at this stage.

* There were several pieces of correspondences from WIPA to the WICB inquiring information so that it can provide an informed response to the WICB proposal.

* After having received its last piece of information from the WICB, on June 29, 2009 WIPA responded to the WICB's proposal for the England 2009 away tour.

* WIPA accepted the US1.48 million for the participation fee in addition to sponsorship US$35 000 per day which is divided among all players for obligations performed for the WICB's sponsor Digicel. It is important to note that the majority of the money would be going to the IPL players whom the WICB publicly stated they would be compensating for their loss of earnings.

* Please note that as part of the agreement between WIPA and the WICB promotion of any sponsor by a West Indies team is subject to compensation and both parties agree the figure which is the current level as previously negotiated.

* It is important to note that the WICB's first position is also their final position.

INDIA TOUR TO WI 2009

WICB'S SAY:

* The WICB is of the view that, for this series, each player is entitled to match fees according to the current WICB structure: US$5 000 per Test match; US$2 000 per One-Day International (ODI) and US$1 500 per Twenty20 in addition to US$35 000 per day in sponsorship and is ready to make these payments to the players for these matches.

* WIPA has rejected this and adopted a different position - that this tour is outside the International Cricket Council (ICC) Future Tours Programme and so it has the right to negotiate fees outside of and additional to the standard structure.

* WICB has suggested as an interim position that the players be paid their match fees and sponsorship fees immediately based on its understanding of what amounts are due, and that the matter be referred to mediation/arbitration in accordance with the collective bargaining agreement to determine whether any additional payments are due. This suggestion has not been accepted by WIPA.

WIPA'S SAY:

* On June 22, 2009, the WICB stated in its letter to WIPA that this tour is the second part of a bilateral tour, the first part of which was played in India in 2007 and therefore does not require any further negotiations.

* June 23, WIPA responded reminding the WICB that the January 2007 tour to India was treated outside of the Future Tours Programme (FTP) and separate negotiations were conducted.

* June 23, 2009, the WICB denied that the 2007 tour to India was treated as an additional tour outside of the FTP.

* WIPA has always maintained in all our correspondence that this tour is an additional tour (outside the FTP) and requires separate negotiations. WIPA also pointed out that this matter has already been subject to an arbitration ruling and therefore it is pointless delving into a matter that has already been determined.

* WIPA has taken out extracts from the arbitration ruling with regard to the FTP arbitration ruling:

* On November 15, 2006, WICB and WIPA met at the Trinidad Hilton. One of the decisions taken and recorded in a summary of conclusions was that "Mr Ramnarine, Mr Lloyd and Mr Deyal will discuss a framework for contracts and tours, specifically the Indian and England tours in 2007".

* At a meeting between the parties on December 28, 2006, the summary of conclusions states that there was agreement that the India ODI series 2007 "was outside the FTP and was a bilateral".

* On January 5, 2007 a meeting was held at the office of the President, WICB, in Port-of-Spain. The tours to India and England were discussed.

* The arbitration panel comprising of Sir David Simmons, Chief Justice Barbados, Mr Elliott Motley QC and Dr Aubrey Armstrong finally concluded and I quote: "And we are also satisfied that the parties treated the tour to India 2007 as outside the FTP."

* WIPA has referred the WICB to this ruling in addition to all the correspondence between the parties including promises to WIPA to provide all the details for the 2009 India series including the financial details, which we are yet to receive.

* WIPA has further asked the WICB to provide any reason why the India series should not be negotiated separately, for which we are yet to receive a response.

RETAINER CONTRACTS

WICB'S SAY:

* The WICB signs players on retainer from October 1 each year to September 30 of the following year. In February 2009, WICB issued contracts to a number of players; 16 of whom signed the contracts. This was done after numerous unsuccessful attempts commencing as far back as September 2008 to engage WIPA in discussions for finalisation of these contracts. In fact, the WICB had written to WIPA again on November 11, 2008 requesting a meeting to discuss the retainer structure for the 2008/2009 period and pointing out that the WICB was losing money as a result of the failure to secure retainer contracts with the players.

* It was only as recent as May 2009 that WIPA sent a draft retainer contract with various amendments to WICB, requesting that the board then agree on the form of retainer contract to be issued and have the contracts come into effect retroactively from October 2008, so that players would be paid from October 2008.

* The board has refused, noting that it has already lost US$3 million from players refusing to sign the contracts at all or players signing late. Nonetheless, WICB has offered to pay players who are yet to sign contracts, effective from the date of signature until September 30, 2009, when new contracts would be negotiated - this has not been accepted by WIPA.

* The board would like to state that the 16 players who signed in February 2009 have been regularly receiving their retainer fees.

WIPA'S SAY:

* At a meeting held on March 24 and 25, WICB and WIPA made proposals with regard to fees for retainer contracts.

* In advance of the meeting scheduled for Thursday April 2, the WICB proposed that the most pressing issue to be dealt with was that of the retainer fees and fees for first-class players. It was further suggested by the WICB that this item form the basis for the agenda.

* On April 2, the WICB and WIPA reached agreement on fees for both retainer contract and first-class fees for all players. This was subsequently announced by the WICB and WIPA.

* April 6, WIPA requested a draft copy of the retainer contract.

* On April 7, WIPA received a draft copy of retainer contract and advised that its lawyers will review and get back to the WICB. WIPA was subsequently asked by the WICB to provide documentation with regards to the players' intellectual property rights and image rights, which WIPA did.

* On April 16 , WIPA submitted to the WICB what was agreed by the parties on April 2 which included the retainer fees among other things.

* April 18 , the WICB lead negotiator, Mr Cameron, acknowledged receipt and advised that Ms Alanna Medford was on leave and would respond on her return.

* April 23, WICB responded confirming agreement including the fees relating to the retainer contracts.

* May 7, 2009, retainer contracts and player rankings were discussed. WICB stated ACCORDING TO THE WICB NOTES TO WIPA "that it would be willing to discuss the retainer contract after it had received the marked up version from WIPA".

* May 7, the WIPA submitted to WICB (Ms Alanna Medford) a "marked up version" of the retainer contract.

* NO RESPONSE FROM THE WICB

* June 9, WIPA wrote to the WICB (Ms. Alanna Medford) informing her that it had been more than a month and WIPA had not heard from WICB with regard to the changes proposed to the retainer contract. WIPA in this letter also informed WICB that the players were keen to sign the retainer contracts.

* NO RESPONSE FROM THE WICB

* June 17, in an email from the WICB's chief financial officer Barry Thomas to Chris Gayle, which was copied to WIPA, it stated: "I would like to address the issue of retainers and wish to point out that the time for signing retainers has passed. Our major sponsor has withheld three quarterly sponsorship payments for October 2008, January 2009 and April 2009 respectively totalling US $3 million as a consequence of the delay in signing retainer contracts. We have been penalised for not delivering central contracts in the required timeframe. These contracts are required to be signed so that they take effect from October 1 of each contract year."

* This was the first time this was brought to WIPA's attention.

* During this time, we continuously reminded the WICB of the delay in sending us the retainer contract until we were forced to write the WICB president, who was part of the meeting when the retainer contract fees were discussed and agreed.

* June 26, 2009, WIPA wrote the WICB president referring to the email sent to Chris Gayle and copied to WIPA and asked for an explanation since this is contrary to what has been agreed by the parties.

* NO RESPONSE FROM THE WICB.

INJURY PAYMENTS

WICB'S SAY:

* The WICB has developed a form for WIPA to use for the submission of claims on behalf of players for injury payments to them. So far, the WICB has only ever received a completed injury claim form for one player - in relation to the West Indies Tour to Abu Dhabi last year, which payment has since been settled.

WIPA'S SAY:

* At a meeting held on March 24 and 25, 2009, it was agreed that WIPA would initiate the claims to the WICB on behalf of the players. WICB proposed a form by which the information should be submitted and agreed to work as quickly as possible to address all claims, once submitted.

* April 2, the WICB agreed to send medical information on injured players to WIPA and WIPA would prepare the claim for injury payments to the relevant players.

* Despite WIPA's many requests for the information, WIPA IS YET TO RECEIVE THIS INFORMATION.