The Tribune

By NEIL HARTNELL Tribune Business Editor THE KENTUCKY Fried Chicken (KFC) franchise's decision to cancel voluntary recognition of the Bahamas Hotel, Catering and Allied Workers Union (BHCAWU) will have "far reaching ramifications" for all Bahamian trade unions, a leading labour attorney said yesterday, and force many to "put their house in order". Obie Ferguson, who is also president of the Trades Union Congress (TUC), told Tribune Business that the move by Restaurants (Bahamas) showed the need for all trade unions to ensure they were certified as the bargaining agent for their members by the Minister of Labour, and not rely on voluntary recognition by the employer as they had no legal recourse if that was withdrawn. "I think what trade unions need to become aware of is it is better at any time to get recognition via the express will of the people, rather than a voluntary recognition," Mr Ferguson told this newspaper. "Once the Minister issues a certificate declaring you the bargaining agent, there's a statutory requirement and procedure to go through to resolve that certification. If, for some reason, you have a union that is recognised voluntarily, and there is a collective agreement that does not provide for continuation of that recognition, it creates a difficulty. "The employer can bring the relationship or agreement to an end unilaterally as there's nothing to hold on to. There's very little you can do." Arguing that the precedent established by Restaurants (Bahamas) would have "far reaching ramifications" for the Bahamian labour movement, and industrial relations in the country, Mr Ferguson added: "It will have an effect on practically ever trade union in the Bahamas. "If you do not have a Certificate of Recognition, you will have a difficulty unless there is a clause in it for recognition after expiration. Otherwise, there's very little you can do legally. "It's going to have serious consequences and it will force those unions whose house is not in order to get their house in order." When asked by Tribune Business how many trade unions may be operating under voluntary recognitions by employers whom they have industrial agreements with, Mr Ferguson replied: "Quite a bit." He also renewed his call for the Government to pass a Validation Act, on the grounds that there was no transition or 'grandfathering' provision in the Industrial Relations Act 1970 that allowed trade unions recognised under the 1958 legislation to maintain this status. Mr Ferguson argued that those trade unions relying on pre-1970 recognitions technically did not have such status in the eyes of the law. "If you're not registered, you're not a union," he added. "Every union must be in a position to present to the Minister of Labour, or public at large, a Certificate of Registration under Section 7 of the Industrial Relations Act. "I want the Government to correct this anomaly and get all the unions registered, because the 1970 legislation repealed the 1958 legislation, and there was no provision to preserve the registration of trade unions. "I asked the Government to do a Validation Act to validate union registrations pre-1970. The effect of those unions not being registered renders any agreement flowing from that purported registration as not valid. If the union does not exist as registered pursuant to the Registrar of Trade Unions under the 1970 legislation, it does create a catastrophic effect on trade union and labour relations in general."