The Tribune

By SANCHESKA BROWN

Tribune Staff Reporter

sbrown@tribunemedia.net

CUSTOMS and Immigration Officers have refused to work their assigned hours despite a court ruling ordering them to remain on a shift system until the court says otherwise, according to acting Labour Minister Alfred Gray.

Speaking with the press, Mr Gray said before the ruling, both parties agreed they would return to the bargaining table to resume negotiations, however the union has not shown good faith.

He said the refusal of the workers to show up at their assigned times is not only a breach of the terms of their employment but also a breach of the rules of Public Service.

“It has come to our attention that subsequent to the court’s ruling, both Customs and Immigration officers on Monday, March 10, refused to commence work as rostered under the shift system. Further, these Customs and Immigration Officers reported to work 9am - 5pm,” he said.

“It should be noted that the ruling issued by the Honourable Justice Ian Winder (acting) did not invalidate the shift system nor did it state the shift system should be suspended. Additionally, the filing of a writ does not have the effect of reverting officer’s hours of work from 9am to 5pm. Consequently, the present status quo, being the shift system, must remain until an order of the court says otherwise....Failure and refusal of these officers to work their assigned shifts will be viewed as a breach of their terms of employment and a breach of the rule of the Public Service. Further non attendance at their non assigned hours should not be permitted by the departments concerned. We expect that all officers would conform to the expressed rules of the Public Service and those which are included in the Industrial Agreement. “

Mr Gray said the law requires the normal hours of work to be 40 hours per week and the actual hours and arrival or departure may be varied to meet departmental requirements. He also said new Custom and Immigration officers were specifically told when they were hired that they would be working a shift system – therefore have no reason to be striking.

“The shift system,” he said, “was agreed upon by the Bahamas Public Service Union, the then bargaining agent for Customs and Immigration officers. As a consequence, new customs and immigration officers were hired for positions which were expressly advertised as operating under a shift system and such terms form a part of the terms and conditions of their employment.”

On Monday, Sloan Smith, vice president of the Bahamas Customs Immigration and Allied Workers Union (BCIAWU), said the union will hold a strike vote on Friday to decide if they will strike to protest the government’s “failure” to address their concerns.