The Tribune

By KHRISNA VIRGIL

kvirgil@tribunemedia.net

CITY Market primary owner Mark Finlayson could soon face charges in the New York City Supreme Appellate court over the release of millions in unpaid pension money tied to the company's sale negotiations, employee spokesperson Whanslaw Turnquest yesterday confirmed.

He made his announcement while executives of the National Congress of Trade Unions (NCTU) met at the Musicians Association Hall on Horseshoe Drive, Oakes Field, to declare their position on not only City Market's employee severance packages, but to reassure Water and Sewage Corporation employees and Prison officers that they have full union support.

According to Mr Turnquest, who represents the chain's 165 employees in New Providence, the pension fund is governed by United States law as it was initiated by US grocer Winn Dixie in 1983.

Mr Turnquest said he is in discussions with a US judge and attorney who are instructing him on the way forward in filing a writ to have the fund dissolved.

He added that the decision to exhaust this avenue came as the majority of workers feel no court in Nassau is willing to "dirty their hands" with the process.

"I just e-mailed a judge in New York along with Stephen Turnquest (attorney) and we are getting ready to file legal documents in New York City," Mr Turnquest said.

"I can assure everyone without a doubt, once this matter is filed in the United States Supreme Court, believe you me, there will be indictments.

"Starting from '83 to now anyone who handled pension money and cannot justify the expenditure of that money will be indicted. We will do what is necessary."

Mr Turnquest said since its beginning, the pension fund has had several trustees, including Mr Finlayson.

In March 2006, Winn Dixie who had been operating in the Bahamas for more than 20 years, announced it would sell its 12 stores in the Bahamas for $50 million.

Winn Dixie, based in Jacksonville, Florida, operates 690 stores in the US, under umbrella company Bi-Lo Holdings and employs more than 60,000 persons.

Following that sale, Mr Turnquest said the government made no priority to ensure that all sundries, financial matters, and liabilities were taken care of.

Concerns were raised by the 165 employees regarding the security of the pension fund just days after workers were told the financially struggling food chain would close and was in talks with a buyer.

Not long after, those employees were reassured by Mr Finlayson that the fund remained intact.

However, Mr Turnquest then claimed that a senior employee who was instrumental in the purchase of City Market's West Bay Street building confirmed that not only the land, but store equipment had been bought with pension fund money.

Neither Mr Finlayson nor attorney Stephen Turnquest could be reached for comment.