The Tribune

By RICARDO WELLS

Tribune Staff Reporter

rwells@tribunemedia.net

CALLS to have labour laws in The Bahamas reformed to limit and repeal the powers of local trade unions by Bahamas Chamber of Commerce and Employers Confederation’s (BCCEC) Chief Executive Edison Sumner earlier this month were yesterday branded as “disturbing” by the National Congress of Trade Unions Bahamas (NCTUB).

The NCTUB argued that such claims directly violate standards upheld by the International Labour Organisation (ILO).

In a statement by NCTUB General Secretary Zane Lightbourn released yesterday, the union stressed that claims like those of Mr Sumner can often inspire employers to work out of accordance with both local and international labour laws, if allowed to go unchecked.

Mr Lightbourn, a member of the Bahamas Union of Teachers, said the Industrial Relations Act already addresses clearly how official unions should be dissolved if the need presents itself, asserting that it alone is “sufficient” in its content to address the matter.

In a Tribune Business article published on February 10, Mr Sumner was reported to have demanded that labour laws be reformed so that Bahamian trade unions “cease to exist” if they fail to file annual returns, with their registration also cancelled if they become insolvent.

The article further reported that Mr Sumner’s demands were crafted with the intent of countering the labour-friendly reforms proposed to the Employment Act and Industrial Relations Act.

In response yesterday, Mr Lightbourn insisted that Section 19 of the Industrial Relations Act virtually renders these demands mute, adding that in addition to the legislation, most if not all unions operate with constitutions that already have obligations enshrined in their framework to register yearly audits with the Department of Labour.

“Section 19 states, ‘The constitution of every trade union which is registered under this act shall provide for the manner of its dissolution, and notice of every dissolution, signed by every person who was an officer or a member of the executive committee or other governing body of the union at the time of its dissolution, shall be sent within 14 days of the date of such dissolution to the registrar, and shall be registered by him’,” Mr Lightbourn’s statement said.

“Additionally, Section 30(3) of the Industrial Relations Act states, ‘The accounts of every union shall be audited annually by auditors to be appointed annually by the union with the approval of the registrar, and every general statement shall be certified by such auditors, and they shall make a report on much accounts and general statement to the registrar.’

“The section goes further to indicate the penalties for failure to follow the law,” he said.

Mr Lightbourn said if the BCCEC had objections to the proposed amendments to the Industrial Relations Act and Employment Act, they should have been discussed at the National Tripartite Council level before this point.

He added that further proposals only seek to hinder the progress of those amendments already put forward by labour leaders, where workers are exposed to unfair terminations because of loopholes in Bahamian laws.

“Labour’s proposal is to close these loopholes to protect workers,” he said. “The suggestion of getting rid of unions is a suggestion of leaving certain groups even more exposed to layoffs, ill treatment and stifled compensation.

“What is very disturbing about Mr Sumner’s suggestions is the fact that the Bahamas Chamber of Commerce is a member of the Caribbean Employers’ Confederation (CEC), and has agreed to the ILO’s principle of tripartism and a bipartite working relationship with labour in order to enhance business sustainability, investment and job creation.

“Additionally, the goal of the ILO’s principle of tripartism is based on dialogue and co-operation between governments, employers, and workers in the formulation of standards and policies dealing with labour matters.”

“Lest we forget, the primary goal for labour unions is the protection of workers’ rights and collective bargaining to increase benefits and wages, and to outline the terms and conditions of employment.

“Unions survive from dues contributions, which become the duty of elected officers to manage properly. In recognition of this, it has become a legal requirement to account for the effective management of all collected funds. Besides, Mr Sumner and the Chamber of Commerce have no business dabbling into the internal affairs of the Unions.

“It is expected that as an economist, with a mandate to enhance sustainability and job creation, the Chamber should seek to offer financial advice to assist struggling unions to recover from insolvency instead of finding ways to get rid of them.”

Trade unions have previously demanded that employers create a redundancy fund for their staff, or pay contributions into a national redundancy fund, but never suggested that they themselves - or their members - pay anything towards this.

Mr Sumner and the Chamber, meanwhile, reiterated their opposition to many of the proposed Industrial Relations Act amendments.

It disagreed, in particular, with reforms that would make it an automatic legal obligation for Bahamian employers to deduct union dues for all staff and send the money to “the union of their choice”.

Mr Sumner’s demands from earlier this month include raising the redundancy pay cap under the Employment Act by two-thirds for both line and managerial staff.

Additional amendments to the Employment Act require companies to give 30 days’ notice to the Minister of Labour and trade union if they plan on making an employee redundant.

Mr Sumner said the current legal requirement, which is that trade unions negotiate with employers over the payment of union dues, “will act as an incentive for trade unions to early negotiate replacement industrial agreement for the continuity of the collection of dues”.

The Chamber is also against proposals to reform Section 51 of the Industrial Relations Act such that the terms and conditions of industrial agreements are automatically deemed to be incorporated into individual workers’ contracts.

The Chamber also voiced its opposition to employers being forced to start collective bargaining within 45 days of receiving a trade union’s industrial agreement proposal.