The Tribune

BY NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

UNION executives were yesterday “breathing a sigh of relief” after the House of Assembly passed legislation to validate those deemed to have not been properly registered, one executive saying the matter had been settled “once and for all”.

The Bahamas Hotel, Catering & Allied Workers Union (BHCAWU) was one of several unions to directly benefit from the Industrial Relations (Validation of Trade Unions) 2014 Amendment Bill, its legitimacy having been called into question via a lawsuit filed by the Coral Sands resort’s owner.

BHCAWU vice-president, Darren Woods, told Tribune Business that the amendment passed in Parliament on Wednesday had solidified its position and effectively saved the union, which has a membership of 6,000, from being dissolved.

“It’s a sigh of relief for us. Can you imagine an entity that, even around for over 50 years, connected with most major investments in the country, which doesn’t exist or ceases to exist. It has a far-reaching effect. We are relieved it has been settled once and for all,” said Mr Woods.

CMK Holdings, the owners of the Coral Sands Resort on Harbour Island, had filed a lawsuit alleging that the union, which was known as The Bahamas Hotel Catering Union until 1970, had never registered its current name, therefore making it an illegitimate organisation.

Mr Woods said that while the issue was highlighted in the BHCAWU matter, there were some 11 other unions affected by the same issue. “What the amendment now does is solidify our position. It was poor record keeping on both sides, I guess,” he said.

“The Labour Department, which is an entity for the Government responsible for the registration of all unions, couldn’t produce anything to say we were registered. Neither could they produce anything to say that we weren’t, and neither could the union.

“This dates back to 1970, which means the entities continued to exist and continued to be treated as if they had done what was necessary. I guess after closer scrutiny, the issue came up. The portion of the 1970 Act they are referring to does not appear in the Industrial Relations Act 321, which means that you had to go all the way back to 1970. We didn’t even know that it existed.”

Labour Minister Shane Gibson told Parliament that the Bill was “absolutely necessary” and was being brought to “protect the rights of thousands of Bahamian workers and the trade unions that represent their interests and welfare”.

Mr Gibson said the Government was “moving swiftly to ensure that a significant number of trade union workers and trade union employers, who may have not followed specific procedural requirements from as far back as 1970, approximately 45 years ago, are not disenfranchised and the thousands of workers’ terms and conditions of employment are not negatively impacted.”

Mr Gibson said that prior to the Industrial Relations Act, all existing unions were required by law to amend their constitutions to make them compliant with the new Act and be certified as having become compliant by the chief industrial officer (who later became the Director of Labour).

“The records reflect that all the unions, at that time, did in fact comply. However, the records relative to the Bahamas Hotel, Catering and Allied Workers Union could not be found, and there was therefore no evidence acceptable to the courts that could prove that the hotel union had complied with the Act,” Mr Gibson said.

“This legal principle could have very serious implications, not only for the Bahamas Hotel, Catering & Hotel Workers Union, but for a number of trade unions that would not be able to provide proof of registration in 1970. Failure on the part of any union to comply reflects that the other trade union organisations that were registered prior to the 1970 Act could be impacted similarly if this legislation is not enacted,.”

Other unions affected by the issue included The Bahamas Musicians & Entertainers Union (BMEU); The Employers Association of Bahamas Electricity Corporation, now Bahamas Electrical Workers Union (BEWU); Airport Airline & Allied Workers Union (AAAWU; Bahamas Union of Teachers (BUT); Bahamas Public Services Union (BPSU); Bahamas Islands Airline Pilots Association, now Bahamas Professional Pilots Association (BPAPA); Bahamas Construction & Building Trade Union; The United Brotherhood of Longshoremen; Bahamas Photographers Association; Hotel Employers’ Association of the Bahamas, now Bahamas Hotel Employers’ Associations (BHEA), and the Bahamas Contractors Association.

Despite the recent amendment, Mr Woods said there were still issues to be addressed. “Some other things came out in the court as it related to our constitution, things that we thought were done properly that were not done properly,” he added.

“Some more things still have to be done but this is the first step,” said Mr Woods.

Bahamas Public Service Union (BPSU) president, John Pinder, yesterday praised the Government for taking a proactive approach in passing the amendment.

“I certainly do support this Bill 100 per cent to validate those unions that were not properly registered. The union belongs to the membership, not the executives, the executives come and go. I thought that was a good thing. The Government has taken a proactive approach,” said Mr Pinder.