The Tribune

EDITOR, The Tribune.

Unions are creatures of statute. They are legal entities enshrined and established within the Industrial Relations Act advocating for rights based on employment law and other Statute legislation. When the employer refuses to adhere to, or the government refuses to enforce these laws, it leads to a compromise of the standards and recommended practices of Conventions of the International Labour Organization upon which we have signed. These Standards and Recommended Practices are considered essential for the protection of the workers’ basic rights. In that vein, the Bahamas Air Traffic Controllers’ Union would like to bring to the attention of the public, a compromise in health and safety standards and the continued breach of the law by our employer, the Department of Civil Aviation and by extension, the Government of The Bahamas.

The Civil Aviation Department has failed in its legal obligations to have implemented a Health and Safety Committee, as mandated by the Health and Safety Act and addressed in our previous Industrial Agreement. The purpose of this committee, as defined within our industrial agreement and supported by the Health and Safety Act, is to “...promote and ensure the comfort, safety and health of the employees...,” at the work site.

In August, 2011, hurricane Irene left the main building at our facility with significant structural damage to the roof. This damage subsequently compromised the safety of the work environment. As the employer failed to respond post haste, conditions at the facility worsened and the environment then became contaminated with mould growth. The BATCU encouraged Controllers to remain at their positions with the view that abandoning the facility for an extended period would compromise our aviation product and subsequently our country’s economy. A limited section of the facility was closed and our union members as well as our immediate administrative officers and technical staff, continued duties at their own health risk. Similar situations still persist today as members of our organisation continue to be exposed to adverse working conditions at a compromise to their health while operating from the abandoned terminal building in another facility. This office is tightly squeezed between two restrooms (where there is a breach in the wall between them), there is significant mould contamination, exposure to rodents and their droppings, and even occasional flooding. These employees were recommended to be relocated by the Department of Environmental Health, another arm of our employer, over a year ago. Union members in Exuma and Eleuthera are also forced to work at facilities inadequate to the requirements of their professions. As a direct result of the employer’s failure to adhere to its legal obligations, the members of our organisation have suffered and continue to suffer today.

Such failure to act responsibly, while jeopardizing the health and safety of workers, leaves the employer complicit when members of this organisation are forced to take personal responsibility regarding their health and safety.

Earlier this year, at the Nassau Terminal Radar Control & Tower facility, we experienced what would have been one of many water outages we’ve become accustomed to. Employees wanting to relieve themselves were sometimes required to transport bottles of water nine floors to flush restrooms, in order to maintain some semblance of a sanitary environment.

These unfortunate situations are allowed to persist in our workplace, with little to no regard for the employee and their health or safety concerns.

Today, we have two of our union’s members being victimised and threatened with disciplinary action for which there is no justification. They operated fully within their supervisory right of responsibility to protect the health and safety of their co-workers and themselves. They also acted in accordance with both international and local regulations in regards to the implementation of their proposed action which was to temporarily suspend the air traffic services, which entails significant notification and coordination to ensure that safety of aircraft is able to be maintained. In addition, Civil Aviation Senior management was also duly advised and provided no alternative recommendation to addressing the health and safety concerns. Although the temporary airport closure never took place, as a result of their proposed action to protect the health and safety of workers, the employer swiftly moved to resolve, within hours, a condition which had plagued the facility with the replacement of a simple back-up water pump. It has been brought to my attention that this back-up water pump had ceased to operate for some time prior.

To date, despite the Union’s request for the investigative report which led to the disciplinary actions being recommended, the union, nor those members concerned have received any information.

There was never any concern expressed regarding the Controllers suffering in silence while being exposed to unsanitary conditions. In a recent meeting, the only concerns expressed by the employer were in relation to the affect that the proposed actions may have had on our international system users and the fact that the proposed closure of the facility due to sanitary concerns gained international attention.

Air Traffic Controllers work in highly stressful environments. The field of Human Factors in Aviation advances that we reduce stress levels for aviation professionals to mitigate against catastrophic events. As Air Traffic Control is an extremely stressful occupation, its professionals must be well equipped to handle the workload before them, free of harassment and fear of victimisation. They must also be free from the constant concerns regarding their health and their safety.

The Bahamas Air Traffic Controllers’ Union will not accept the rights of our membership being violated, nor our members victimised, as our employer continues to disregard our existing industrial agreement, and the Health and Safety Act. We advance that our employer is complicit and culpable due to negligence of duty with regards to the proposed actions taken by the two controllers they now seek to reprimand. We advocate that our employer withdraws from the victimisation of these controllers.

We have officially filed a labour dispute with the Department of Labour with regards to these matters and will be lobbying the union body to take a Strike Poll regarding the breaches of contract and victimisation of these persons within our membership.

As essential servants, the attitude toward resolving pertinent safety issues should be of utmost priority to the Department of Civil Aviation and by extension, The Bahamas Government. The Bahamas Air Traffic Controllers’ Union should never find itself in a position having to take extreme actions to prevent victimisation of its membership for basic rights enshrined in the law.

LASHAN GRAY

President,

Bahamas Air Traffic Controllers’ Union

House of Labour,

September 2, 2014.