The Tribune

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

The TRADEs Union Congress (TUC) president yesterday accused management at Sandals Royal Bahamian of refusing to negotiate an industrial agreement in good faith with the Bahamas Hotel, Maintenance & Allied Workers Union, for more than a year.

Obie Ferguson, also a labour attorney, said this was what led to a strike vote by the resort’s employees yesterday.

Mr Ferguson told Tribune Business that despite overcoming the legal hurdles to be recognised as the bargaining agent for the resort’s non-managerial staff, Sandals management had yet to begin negotiations on an industrial agreement. Mr Ferguson said the union was left with no other alternative but to conduct a strike vote.

“The reason for that is because the hotel has given all sorts of different dates to begin negotiations. They have not complied, nor have they lived up to, any of the dates, and the workers felt that after 12 months of attempting to get a date to begin the negotiations, after waiting for years and going through the court system, they felt that this is an appropriate case to withdraw their labour,” said Mr Ferguson.

“They felt this would demonstrate the urgency and necessity for the Sandals management to comply with Section 41 of the Industrial Relations Act. That is, once recognition has been granted, the employer is under obligations by law to negotiate in good faith with the union. Failing to do that is a criminal offense under Section 41 (3) of the Industrial Relations Act.

“The workers have strongly stressed that after having tried everything we were left with no other alternative but to have a proper vote taken so that they can demonstrate their displeasure with management not wanting to comply with the laws of The Bahamas.”.

Sandals Royal Bahamian’s management, in a statement on Tuesday, said it was surprised to learn that the BHMAWU had opted for a strike vote ahead of a meeting between the two parties and also knowing that a matter is still before the Court of Appeal.

“We are unaware of any significant issues that would warrant such an action ahead of a scheduled meeting at the Ministry of Labour and prior to a decision handed down by the Court of Appeal,” Sandals management said.

“Any action by the union while proceedings are pending in the Court of Appeal shall be illegal and in breach of Section 77 of the Industrial Relations Act.”

Mr Ferguson responded: “There is no matter, no proceeding in the Court of Appeal or at the Tribunal, and I’m the attorney on record.

“The Chief Justice has already admonished the hotel to negotiate, but obviously they want to drag it out. They are finding some other ingenious way of trying to delay recognition.

“It is important to note that where recognition has been sought, time is of the essence.”

Sandals said it takes its relationship with its employees seriously and did not not want any illegal industrial action directed by the union to jeopardise their employment.