The Tribune

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

THE Bahamas Hotel Catering and Allied Workers Union (BHCAWU) is “optimistic” that a Supreme Court injunction preventing the union from engaging in industrial action over a gratuity dispute with the Melia Nassau Beach resort will be lifted when the two sides meet in court this week.

Both parties are due back in court this Wednesday and will appear before Justice Roy Jones.

BHCAWU Secretary General Darren Woods told The Tribune that once the injunction “falls away,” the union is “prepared to sit down and negotiate all night, all week, or whatever it takes” to end the gratuity dispute.

If not on Wednesday, Mr Woods said that at some point the injunction will have to be lifted.

Mr Woods’ statements came almost a month after Justice Jones extended the injunction that bans all forms of industrial action over the Melia dispute until February 11.

The injunction, obtained by Baha Mar and Melia executives last Christmas Eve, essentially stripped the union of all industrial-related leverage in relation to the gratuity negotiations.

As recently as last month, however, both sides stated that they were open to discussing ways to reach an amicable resolution to the gratuity dispute, with the union stating that its willingness to “compromise” would only be guaranteed if its members suffered no reduction in their “take home” income.

When contacted on the matter yesterday, Mr Woods said: “At some point (the injunction) will have to come to an end, and we’re hoping that it falls in our favour,” Mr Wood said. “Based on the grounds on which it was granted, we believe that it would fall away, and then we’d be prepared to sit down and negotiate all night, all week whatever it takes, to ensure that we get the best.”

Two months ago, Melia officials announced a reduction in the standard 15 per cent gratuity rate because it is moving to an all-inclusive model where food and amenities are covered in one price.

Baha Mar said it was forced to cease the normal gratuity payments at the Meliá but only after 10 months of failed negotiations to bring an agreement with the union on a new arrangement.

However, Mr Woods previously said that the union would not accept a reduction in gratuity because in most cases the gratuity represents the majority of the employees’ take-home pay.

Robert Sands, Baha Mar’s senior vice-president for government and external affairs, told Tribune Business last month that the resort owner and Melia were prepared to meet with the union at any time, and for as long as it took, to reach an amicable solution on the gratuity issue.

Mr Woods, in response, said Baha Mar was essentially imitating the union’s previously announced approach to negotiations, and accused it of trying to win the public relations battle via the media.

Nonetheless, Mr Woods previously hinted that the BHCAWU might have been prepared to agree a solution where workers’ base pay was increased to compensate for any reduction in gratuities.