The Tribune

By NATARIO McKENZIE

Tribune Business

Reporter

nmckenzie@tribunemedia.net

The Bahamas’ two leading trade unions bodies joined forces yesterday to warn they will “shut the country down” with a repeat of the 1958 General Strike, unless the Prime Minister meets with them in the next 48 hours to resolve the Sandals situation.

Trade Union Congress (TUC) president, Obie Ferguson, and National Congress of Trade Unions (NCTU) president, John Pinder, teamed for a joint press conference during which they revealed Mr Christie had been given notice of their intentions.

“We are saying to the Government to do the right thing,” said Mr Ferguson. “We have taken a very strong view in this matter. It’s a legal matter, it is a sovereignty issue, a matter affecting all Bahamians.

“This is the 10th day since this matter occurred. The Prime Minister did not see fit to call the unions in, and even if he didn’t, to have a discussion with the workers. We have to put a halt to this.”    

The TUC and its Bahamas Hotel, Maintenance and Allied Workers Union (BHMAWU) affiliate previously blasted Sandals Royal Bahamian for its abrupt closure last week, arguing that it was a ‘union busting’ move.

The resort chain, though, has repeatedy argued that the closure, which resulted in 600 employees being made redundant, was essential for much-needed $4 million repairs to take place at the Cable Beach property.

The BHMAWU has since 2009 been seeking to negotiate an industrial agreement for workers at Sandals Royal Bahamian, and has grown increasingly frustrated at its failure to do so, despite having been recognised as the bargaining agent.

However, Tribune Business’s review of its files shows that Sandals Royal Bahamian and its attorneys, Lennox Paton, have been challenging the “very basis” for the Bahamas Hotel, Maintenance and Allied Workers Union’s (BHMAWU) existence on technical grounds.

The resort previously filed a Judicial Review seeking a court order that would force the Registrar of Trade Union’s to cancel the union’s registration.

Sandals Royal Bahamian’s case was that the BHMAWU has breached the Industrial Relations Act on two counts - failing to hold nominations for its executive positions, and the non-publication of its annual returns.

And it is alleging that the Registrar of Trade Unions (the director of labour), despite discovering these irregularities and giving the BHMAWU two months to correct the problems, had failed to take action over the union’s continued non-compliance.

The other thrust of Sandals Royal Bahamian’s action was that the union’s executives were not elected in accordance with the BHMAWU’s constitution, and it has therefore been seeking a Supreme Court declaration that they have no authority to act on its behalf.

The Judicial Review action thus might explain why Sandals Royal Bahamian is still refusing to negotiate an industrial agreement with the trade union, and why the latter’s frustration has boiled over into road blockages and the filing of criminal complaints against the resort’s executives.

  Mr Pinder, meanwhile, said the NCTU was in full support of the 600 Sandals workers who were terminated.

“We urge all workers of our country to go to the history books and read what happened in 1958, when Sir Clifford Darling was president of the taxi cab union; what he had to do at the Nassau International Airport,” Mr Pinder added.

“We are prepared  to do that. We are prepared to call all workers out and shut the country down until Parliament recognises that they work for us.”

Mr Pinder also urged the Government to amend the Industrial Relations Act by setting out a 90-day timeframe in which employers must negotiate new industrial  agreements with recognised bargaining agents.

Arguing that Sandals’ actions must not be allowed to set a precedent, he said : “We urge the Government to quickly review those Heads of Agreements for investors coming into our country, and take note of the fact that when they give concessions there ought to be some clause whereby they can revoke the concessions when this type of thing happens to Bahamian workers in our country.”    

Mr Pinder added: “They must quickly amend the Industrial Relations Act and put a timeframe in place of no more than 90 days for an employer to come to the table, once they receive a proposed industrial agreement  from a recognised union.”

Mr Pinder also urged the Government to amend the Employment Act so as to strengthen the redundancy packages offered to employees.

“They must also say that any post made redundant is not to be reopened, and if it is, the person made redundant must be reinstated without loss of tenure or seniority. We urge the Government to do that immediately,” he said.