The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Trade unions are again pushing for an International Labour Organisation (ILO) convention allowing workers to join the union of their choice to be ratified into Bahamian law, with the Minister of Labour having shown “willingness” to do just that.

Obie Ferguson, president of the Trades Union Congress (TUC) and a well-known labour attorney, told Tribune Business that Shane Gibson had indicated in meetings with the trade unions that he was open to incorporating ILO Convention 87 into Bahamian labour legislation.

ILO Convention 87, which was ratified by the former Free National Movement (FNM) government, would allow Bahamian workers to join any union they chose - and not be restricted in that choice merely by their trade and profession.

Currently, Bahamian trade union membership is determined by trade, with communications/telecommunications workers, for example, only able to join the Bahamas Communications and Public Officers Union (BCPOU). But, if ILO Convention 87 was brought into Bahamian law then, in theory, communications workers could then join the Bahamas Electrical Workers Union (BEWU), for example, if they so chose.

Employers, though, had been against ratifying this convention, fearing it could spark confusion in the labour movement and, subsequently, employer-union relations.

It has also been seen as enabling workers in companies that are not unionised to join a trade union. However, the former Ingraham administrations - while signing up to Convention 87 at the ILO - did not incorporate it into Bahamian law.

However, Mr Ferguson told Tribune Business: “The former FNM government ratified and registered the ILO Convention 87 - the freedom of association.

“We’re saying that this Minister has indicated the Government’s willingness to amend the local legislation to incorporate that sentiment and expression of the ILO. Workers should have a right to join the union of their choice, not of their craft. People should have a right.”

Confirming that Bahamian trade unions “would like to see” Convention 87 brought into Bahamian law, Mr Ferguson, when asked by Tribune Business to confirm that Mr Gibson had indicated the Christie administration would do this, replied: “He made his willingness known to that effect.”

Elsewhere, Mr Ferguson said Bahamian trade unions would also be pushing the Government to amend the Employment Act to allow commissions and tipped income to be included in the definition of ‘wage’. This, he added, would bring it in line with the National Insurance Board (NIB) Act.

“The other point we’re going to be advancing to the Government is that under the Employment Act, Section two, Subsection one, is that basic pay does not include commissions or tips or gratuities,” Mr Ferguson told Tribune Business.

“What we are saying now is that because there are employees who are only paid by commission, if they are terminated they have no way of bringing a successful action under Section two, because commissions are not part of the wage.

“As a result of amendments to the NIB Act, that allows tips and gratuities to be part of the wage for the purposes of National Insurance. The Employment Act ought to be amended to be consistent with that.

“That is certainly a change we want to make. Wages should include, as in the UK, all forms of remuneration.”