The Tribune

By DANA SMITH

dsmith@tribunemedia.net

FOLLOWING the Minister of Labour's demand to return to work or face consequences, customs and immigration officers are still on strike.

Last Friday, Labour Minister Senator Dion Foulkes, said he officially ended their strike action by referring their trade dispute to the Industrial Tribunal. He said officers had 24 hours to return to work.

However, Sloane Smith, Bahamas Customs, Immigrations and Allied Workers Union (BCIAWU) vice president, said yesterday the union will continue to strike until they receive official confirmation of a Tribunal referral.

The minister has only sent the BCIAWU a letter describing his intentions, Mr Smith said, with "no proof" of an actual referral.

"The only thing he sent us was the letter advising what he's done but we don't see any evidence of what he's said he's done," Mr Smith said.

"He can't just say what he did. There's no proof that he's done those things."

There's a process involved in referring a trade dispute to the Industrial Tribunal and Mr Foulkes has not given the union any documents to confirm the process was completed, he stated.

"We recognised that the letter he wrote to us is advising us of his intent to refer the matter to the Industrial Tribunal. However what comes along with that document should have been an originating application," Mr Smith said.

"He then would have to get us a reciting summons, that obviously comes from Labour, and that summons would tell us what time and date to come to the table. Once that is done then they would have to issue a certificate of referral. So while he can write a letter saying he referred it, he has to send along with that letter a certificate of referral... we don't see that. Our attorneys have not received any of those documents other than the letter he sent."

Mr Smith said once evidence is shown confirming the trade dispute has been referred to the Tribunal, such as a referral certificate, they will readily comply.

"If he has done all those things that he should have done and lined up his ducks in a row, we would go down to the Tribunal because the country is bigger than the games they're trying to play. We would go to the Tribunal, sit through the Tribunal, hear what is being said, and move with the determinations that come from there," he said.

"Whatever determinations come about, we'll abide by it. Certainly we're not going to break the law. Already we're on a legal strike. If the Tribunal says otherwise, then we'll follow the lead of the Tribunal. We are law-abiding citizens."

On Friday, Mr Foulkes had announced: "Pursuant to the power conferred upon me by the Industrial Relations Act, I have referred the trade industrial disputes with respect to the Customs and Immigration Union... to the Industrial Tribunal.

"According to law, this now ends the strike by customs and immigrations officers... All customs and immigration officer must now return to regular employment duties."

If officers did not return to work within 24 hours and continued to strike, their actions would be considered illegal, he said.

"It would be an illegal strike and it would not be sanctioned by the law and there are consequences for that."

The consequences would be determined by the Customs Department and the Department of Immigration, in accordance with the law - "but the law is very clear," Mr Foulkes added.

Section 76 of the Industrial Relations law states: "When a strike or lock-out which is not in contravention of section 74 or 75 is in progress and the Minister considers that the public interest is affected or threatened thereby, he may refer the dispute which has given rise to the strike or lock-out to the Tribunal for settlement and shall notify in writing the parties to the dispute accordingly; and thereupon it shall be the duty of any person participating in the strike or lock-out to discontinue the same forthwith."