The Tribune

By FAY SIMMONS

Tribune Business Reporter

jsimmons@tribunemedia.net

The Bahamas Technical and Vocational Institute (BTVI) yesterday rejected union allegations it violated their industrial agreements by failing to make contractual employees permanent after their probationary period.

Members of the Bahamas Union of Auxiliary Professionals in Education (BUAPE) and the Union of Tertiary Educators of The Bahamas (UTEB) staged a protest outside BTVI’s campus yesterday, accusing the institution of non-compliance with provisions outlined in their respective deals.

Ernesto Williams, the BUAPE president, said some educators have been waiting for years to be confirmed as permanent staff despite completing their probationary period with satisfactory performance ratings. He also criticised BTVI for attempting to issue contract renewals without engaging the union.

“Our industrial agreement clearly states that after an employee has passed their one-year max probationary period with satisfactory performance  they are to automatically be made permanent. The institution has stood against that,” said Mr Williams.

However, BTVI has refuted this interpretation, stating the agreement does not guarantee automatic permanent status but instead outlines eligibility for such appointments.

“The unions have asserted that BTVI is acting contrary to the industrial agreement by failing to automatically confer permanent status upon employees who have satisfactorily completed a one-year probationary period. We wish to categorically state that this interpretation is not supported by the actual language of the agreement,” BTVI said in a statement.

“Clause 17, which addresses categories of appointments of faculty, under Section 2 (2.1) clearly states: “Upon successful completion of the six months to one-year probationary period, Bahamian citizens shall be eligible for permanent establishment, an appointment without term, which may only be terminated for just cause and in accordance with the provisions of this agreement.”

BTVI added: “The key phrase here is ‘shall be eligible’. This does not indicate an automatic entitlement but, rather, signals that the employee may be considered for permanent appointment. Nowhere in the agreement is there a guarantee that permanence is automatically conferred after probation.”

BTVI also emphasised that the agreement distinguishes between temporary employees and contract workers, reiterating that there is no provision for automatic reclassification from one employment status to another.

“The agreement makes a distinction between temporary employees and contract workers. Again, the language points to eligibility, not entitlement. In accordance with the language of the agreement, employees of BTVI may be appointed in different ways (probation, temporary, contract or permanent),” BTVI said.

“BTVI’s Board of Directors and management uphold the principles of fairness, transparency and due process in all employment matters. While we respect the unions’ role in advocating for their members, it is critical that public statements accurately reflect the terms of both agreements to avoid misrepresentation and confusion.”

BUAPE was officially recognised as the bargaining agent for non-managerial staff at BTVI following a determination poll held on December 12, 2024, which revoked the Bahamas General Workers Union (BGWU) as the official representative body.

This is not the first clash between the union and the institution. In May, BUAPE staged another protest at the BTVI campus, calling for the resignation of BTVI president, Dr Linda Davis, and alleging a toxic work environment marked by victimisation, delayed compensation and disregard for union engagement.