The Tribune

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

UNION chiefs yesterday blasted the government for its perceived failure to protect the rights of the hundreds of Sandals resort workers who were made redundant without notice and allegedly forced to sign legal agreements “under duress” in order to receive severance pay.

Yesterday, a source close to Sandals said former employees would be given first preference for interviews as the resort prepares to re-open in October.

The source also painted a different picture of the severance process, telling The Tribune that it has gone smoothly with some employees “smiling” as they received their cheques.

However, Donnell Ferguson, president of the Bahamas Maintenance and Allied Workers Union (BMAWU), said the “union busting” move was unjustifiable as she pledged the union’s commitment to relentlessly pursue the matter on behalf of workers.

Mrs Ferguson took issue with Prime Minister Perry Christie’s decision to decline comment on the matter, also calling out Labour Minister Shane Gibson, Attorney General Allyson Maynard-Gibson, and the Official Opposition for their perceived inaction.

“This is unjustifiable what has happened in this country,” she said, “our leaders are not standing up for the people of The Bahamas. I rest this solely at the feet of the government of The Bahamas. The prime minister has declined to make a statement as a leader of this country.

“We will not sit by quietly and allow this to happen to our workers. If we allow this to happen to Sandals workers, other companies, other foreign investors will want to take that same position and where will the workers be?

“The workers are the backbone of The Bahamas and to be treated in such a manner as the workers of Sandals have been treated is poor. I cry shame on the government, shame.”

She added: “Not one word was said, not one word when they tried to get a comment from the PM, he declined. As a leader, and you want to be elected again? This has an impact on this whole country not just the workers at Sandals. It’s a whole ripple effect that is taking place and everyone is sitting back and twiddling their thumbs.”

For several years, BMAWU has had multiple ongoing labour disputes with the resort with the primary sticking point being Sandals’ refusal to recognise the union as the bargaining agent for its employees despite a 2011 ruling by the Privy Council that the resort do so.

Sandals has refused to negotiate with the union, and criminal proceedings filed by the union began on Monday.

“It is a clear union busting tactic,” Mrs Ferguson said yesterday.

“This is not the first time Sandals has done this. This is the second time. We are galvanising and we are putting all our info together because it was done so quickly we couldn’t even inform our members properly of what was to happen and how they were to go about it.”

She added: “(Workers) were asked to signed documents that said that Sandals would not be sued or liable or they can’t talk about it which the minister himself said was illegal. It was mandatory in order to get the cheque, it was attached to it, you could not get the cheque unless you signed for it.”

One Sandals worker, who worked at the resort for four years, described the process to collect severance packages as “intimidating”.

“The atmosphere was filled with intimidation because they had maybe seven or eight security outside and then you had to go and wait,” the worker said.

“Then when they called you they said this is what you have to do in order to get your cheque, you have to read it, sign it, and you can get your cheque. If you don’t sign it you won’t be able to get your cheque.”

The worker continued: “It said once you sign this you can no longer sue Sandals, you are not longer tied to Sandals, whatever is on this paper is between you and Sandals, you can’t say anything about it.”

On Monday, Mr Gibson told the House of Assembly that it was illegal to force anyone to sign a deed of release in order to receive benefits to which they are entitled.

Yesterday, BMAWU first vice-president Omar Bernard said he yearned for a labour environment that would prevent any resort from resuming operations after committing such an egregious and reprehensible act.

“Not Sandals,” he said, “not under these conditions, that is just not fair and not the way citizens ought to be treated and the government is up to date on everything.

“What (Sandals) said is it’s not that we are going out of business, it’s that we are firing all of you and rehiring other workers. And they believe they can get away with it, but the battle has just begun. They have just added energy to this union and we will be here for employees affected and we’re going to be there for new employees.

“The union is not going anywhere,” he added. “We have to rail against oppression in this country.”