The Tribune

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

The hotel union’s secretary-general yesterday accused the Meliá Nassau Beach Resort of demonstrating “complete disregard” for it, and described its actions as “reprehensible at least”.

Darren Woods maintained that the Bahamas Hotel, Catering and Allied Workers Union (BHCAWU) is still the sole bargaining agent for the Melia’s non-managerial staff, despite its refusal to communicate with the union.

“They have completely disregarded the union. Based on the court ruling, they have said that they don’t have any obligation to talk to us. That ruling is being appealed and we are just waiting on a date,” said Mr Woods.

The Meliá has not responded to the BHCAWU’s latest charge, but a Baha Mar spokesman yesterday referred to a previous comment from the resort, which noted that recent judgments from the Court of Appeal and the Supreme Court have found that once an industrial agreement expires, the employees’ terms of employment are governed by their individual contracts.

There is currently no valid industrial agreement between the BHCAWU and the resort.

“It’s a mess down there, it’s a total mess. They go ahead and make changes every day,” said Mr Woods. “As simple as getting information on the gratuities that have been paid, they say they have no obligation to communicate with us.

“Their actions are reprehensible at least. At the end of the day the union is still the sole bargaining agent for those persons down there.  Neither our recognition, nor our registration, have been revoked. Up until such time as something changes in that regard, they have an obligation to meet and treat with the union but they refuse to do so.”

The BHCAWU led a demonstration outside the resort last Friday in what Mr Woods said was a move to shed light on the situation between the resort, its employees and the union.

In July, Supreme Court Justice Roy Jones crushed the hotel union’s case against the Meliá Nassau Beach Resort, finding that the hotel was not obligated to pay staff a 15 per cent gratuity for serving all-inclusive guests - something he said would amount to “a gratuitous giveaway”.

The union had argued that Melia’s decision to place all-inclusive related gratuities into an escrow account, after the two sides were unable to agree a rate cut from 15 per cent to 8 per cent, had severely impacted members whose take-home pay was drastically reduced.

And Mr Woods subsequently said the Meliá’s decision to stop deducting member dues and passing them on to the union as of August 31 would have “serious ramifications” for the union’s finances.

The resort in early August announced that it is not obligated to provide administrative facilities for the payment of hotel union dues, as recent appellate and Supreme Court rulings confine such obligations to a valid industrial agreement.