The Tribune

EDITOR, The Tribune.

As an organisation, BATCU is mandated to pursue and defend the fundamental rights and freedoms of its members within the confines of the law. It is my anticipation, that my subsequent contribution brings equity to the discussion pertaining to workers rights and current employment law.

The following excerpts are from the Employment Act of The Bahamas, they establish the bases of BATCUs position and subsequent rebuttal of the rhetoric advanced by the Department of Civil Aviation.

Section 3. (1) “Subject to this Act, the provisions of this Act shall apply in relation to any employee employed in any form of employment in The Bahamas including any such employment by or under the Crown in right of the Government of The Bahamas or by a local government authority or by anybody corporate established by law for public purposes:”

Section 10. “Where an employee is required or permitted to work in excess of the standard hours of work, he SHALL be paid in respect of such work at a rate of wages not less than —

(a) in the case of overtime work performed on any public holiday or day off, twice his regular rate of wages;

(b) in any other case, one and one-half times his regular rate of wages:”

Section 60. (1) “In any contract of service hereafter to be made for the employment of any employee for the performance of any work within The Bahamas the wages of such employee SHALL be made payable and be paid at regular intervals of not more than one month to the individual employee in the currency of The Bahamas and not otherwise.”

The Department of Civil Aviation asserts that it wishes “to dispel the impression given that there has been a deliberate attempt not to pay air traffic controllers for their work on public holidays and that Union Officials are aware that payments are in fact being processed to facilitate those payments”. BATCU would like to draw reference to following facts:

1). The Department of Civil Aviation under the direct responsibility of the Ministry of Transport and Aviation, and by extension the Bahamas government, has violated and continues to break the law with regards to how it compensates its workers their wages, withholding earned wages for extended periods, despite the previously mentioned legal maximum of one month. BATCU has not and cannot enter into an agreement for compensation of wages for overtime exceeding one month as such a position would be ultra vires as it is in contravention to the law and therefore cannot be enforced.

2) The condition of non-payment of Air Traffic Controllers for public holidays has exceeded 15 years and calls into question the Employers stated position that its intentions were not deliberate, particularly when there are others within the Ministry of Transport and Aviation subjected to similar breaches of the Employment Act. Initial investigations outside of the Ministry of Transport and Aviation have indicated that there are others throughout the Public Service experiencing similar breaches of the Employment Act as those within the Department of Civil Aviation.

3) The Department of Civil Aviation is advancing that by paying you monies you’ve earned, monies you’ve worked for, monies legitimately owed to you, over an extended period of time, that they are operating in good faith... this is a flawed approach to employer, employee relations.

The Department of Civil Aviation further states “Prior to the December meeting the practice was to award members of the Bargaining Unit ten days Public Holiday Leave at the beginning of each year. Additionally, persons who worked on any holiday were granted an additional day’s leave, along with a day’s pay,” BATCU is prepared to table documentation proving the department’s statement to be a false representation of what is actually occurring. Additionally, the practice described by the Department of Civil Aviation is in contravention to the Employment Act, as there is no provision for time off in leu of monetary compensation.

(I reiterate for the sake of all employees, excluding those within supervisory or managerial positions across the Commonwealth of the Bahamas).

1. Where an employee is required or permitted to work in excess of the standard hours of work, he SHALL be paid in respect of such work at a rate of wages not less than —

(a) in the case of overtime work performed on any public holiday or day off, TWICE his regular rate of wages;

(b) in any other case, one and one-half times his regular rate of wages:

The Department of Civil Aviation in its current press release, referencing past compensation and outstanding compensation, is seeking to advance an emotive position to garner public empathy for the Department’s continued breach and disregard for established work standards as defined by the Employment Act of The Bahamas.

To date, Air Traffic Controllers who in many cases have received acclamation from the department for assisting in facilitating record aircraft movements during the Christmas Season, and who celebrated January 12th (Majority Rule) away from their families in service to the aviation industry have yet to be compensated. Based on initial estimates, the outstanding monies accrued over the period and owed to the approximate 100 members of the Bargaining Unit is $51,000 or approximately $500 per person over four holidays. BATCU is demanding that the outstanding matter be addressed in line with the Employment Act and that the structural framework be put in place to allow the Department of Civil Aviation to operate within the parameters of the law.

Aviation is a highly technical field and as 80% of aviation accidents are attributed to “human error”, BATCU takes its responsibility with regards to providing a safe, orderly and expeditious aviation product seriously.

The current administration of BATCU has made it its mantra to be open and transparent with the media and our aviation partners with regards to our current and ongoing industrial disputes with the Department of Civil Aviation.

We are reasonable people, we understand the burden we shoulder with regards to this country’s tourism product. We put it to the press and Bahamian public, however, that it is irrational and irresponsible for the Department of Civil Aviation to continue to ask the members of BATCU to bear this burden while our employer wilfully violates the employment rights of BATCU’s membership enshrined within the Employment Act.

As Governments are subject to the law, the Department of Civil Aviation is not above the law.

BAHAMAS AIR TRAFFIC CONTROLLERS’ UNION

Lashan Gray,

President.

March 24, 2015.