The Tribune

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tirbunemedia.net

DESPITE government claims that industrial action is illegal once trade disputes have been referred to the Industrial Tribunal, the Trade Union Congress has started instructing its prospective strike marshals about the rules governing industrial action in preparation for an “imminent” strike.

Speaking to The Tribune yesterday, TUC President Obie Ferguson said union organisers have been meeting throughout the past week to discuss issues related to staging its long-promised strike.

His statement came after the government released a press statement late Tuesday announcing that the Bahamas Industrial Manufacturers and Allied Workers Union, the Bahamas Nurses Union, the Commonwealth Union of Hotel Services and Allied Workers, the Bahamas Hotel Managerial Association, the Bahamas Customs Immigration Allied Workers Union and the Bahamas Educations Managerial Union have filed trade disputes with the Ministry of Labour and National Insurance. The statement said these unions have taken strike votes on the disputes.

“All of the filed disputes have been referred to the Industrial Tribunal by the minister of labour and are therefore ongoing matters before the Industrial Tribunal,” the statement said.

“The ministry reminds all concerned persons that Section 77 (1) of the Industrial Relations Act Chapter 321 of the Statute Laws of the Bahamas states that ‘no employee shall go on a strike, and no employer shall declare a lock-out, and no union or member of the executive committee or other governing body of a union shall call a strike or declare a lock-out in consequence of a trade dispute while proceedings taken in relation to that dispute are pending before the Tribunal or the Court of Appeal.

“Workers are, therefore, advised that any industrial action taken after these disputes were referred to the industrial tribunal, is illegal. Accordingly, any worker who engages in any illegal strike action is not protected by the laws of The Bahamas and employers are free to treat them as employees, illegally withdrawing their labour.”

Government ministers have long claimed that referring trade disputes to the Tribunal makes it illegal for workers to take industrial action, Mr Ferguson said, adding that the Ministry of Labour frequently refers trade disputes to the Tribunal to prevent unions from striking.

However, the lawyer insists that the government is powerless to stop unions from taking industrial action after they have successfully conducted a strike vote.

“That threat of (the government) will be like water on a duck’s back,” he said, adding that whether his organisation, which represents 24 unions, goes on strike or not will not be determined by the legal issues over such an action that have been raised by the government.

“When did the minister get the power to say that by transferring matters to the Industrial Tribunal workers cannot go on a strike?” Mr Ferguson asked. “The laws say any worker, at least ones that have applied for a strike vote, are entitled to have a poll, are entitled to have a designated officer from the ministry to supervise the poll and is authorised by the Industrial Relations Act to certify the poll. Once that certificate has been issued, the workers who are affected by that strike vote can withdraw their labour and their job will be secured. I don’t know what the minister is talking about.”

When asked her view as a union leader on the matter yesterday, Bahamas Union of Teachers (BUT) President Belinda Wilson agreed with Mr Ferguson.

“Once you’ve gone through the process of taking a strike vote,” she said, “there is nothing else that the minister can do within the law, if you look in the Industrial Agreement Act, section 72-78, which speaks to strike and lockouts.”

As for when his union’s proposed strike will take place, Mr Ferguson declined to give a date, saying officials are relying on the “element of surprise”.

A variety of issues has prompted his union to seek industrial action, he said, adding that the government’s alleged unwillingness to meet union leaders and negotiate with them on important issues has forced them to move forward with industrial action.

Pressing issues for them include the government’s alleged failure to provide overtime pay to some workers and its failure to give some temporary workers permanent status.