The Tribune

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

A SUPREME Court injunction barring the hotel union from engaging in industrial action over a gratuity dispute with the Melia Beach Nassau Beach resort remains in effect following an adjournment of legal proceedings on the matter yesterday. 

After roughly three hours, Justice Roy Jones adjourned proceedings until Monday at 11.30am, when officials from the Bahamas Hotel Catering and Allied Workers Union (BHCAWU) will hope to make headway in having the injunction lifted and have gratuity payments for their members reinstated. 

Last year, Melia officials announced a reduction in the standard 15 per cent gratuity rate because it is moving to an all-inclusive model where food and amenities are covered in one price. 

On Christmas Eve, Tribune Business reported how Melia officials raced before the courts to obtain the injunction from Justice Jones at a hearing where only their attorneys were present. 

The injunction's terms are designed to be "watertight" and effectively prevent the union from initiating any form of industrial action.  

The injunction, seen by Tribune Business, prevents the union - and all its executive officers and members - "from inciting and/or inducing any employees from the Melia from abstaining from work, or from picketing or besetting the Melia, or intimidating employees of the Melia or its guests whosoever, or from in any way impeding employees of the Melia from attending work."

According to Baha Mar, the resort was forced to cease the normal gratuity payments at the Melia but only after 10 months of failed negotiations to bring an agreement with the union on a new arrangement. 

However, BHCAWU Secretary General Darren Woods has said that the union would not accept a reduction in gratuity because in most cases the gratuity represents the majority of the employees' take-home pay. 

Robert Sands, Baha Mar's senior vice-president for government and external affairs, told Tribune Business in January that the resort owner and Melia were prepared to meet with the union at any time, and for as long as it took, to reach an amicable solution on the gratuity issue. 

In response, however, Mr Woods said Baha Mar was essentially imitating the union's previously announced approach to negotiations, and accused it of trying to win the public relations battle via the media. 

Nonetheless, Mr Woods previously hinted that the BHCAWU might have been prepared to agree a solution where workers' base pay was increased to compensate for any reduction in gratuities.

The union has stated that its willings to "compromise" would only be guaranteed if its members suffered no reduction in their "take-home" income.