The Tribune

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

TRADE Union Congress President Obie Ferguson hinted at mass industrial action yesterday, warning that the TUC and its affiliates will launch some sort of “reaction” to Attorney General Allyson Maynard-Gibson’s decision to stop criminal proceedings brought by union officials against Sandals Royal Bahamian and two of its senior executives.

However, Mr Ferguson did not specify whether this reaction will come in the form of a strike that would “shut the country down” as previously threatened by the TUC, nor did he say when it may occur. However, Mr Ferguson said the union is now “forced to do something, even if we don’t want to do it,” solely for “the preservation of the workers of this country”.

He said he and his colleagues will decide the course of action the TUC will take and subsequently notify the relevant authorities “in due course”.

“There will be some reaction to what transpired,” he said at a press conference at the House of Labour on Thursday. “There’s no question about that. The question is when.”

He added: “If we’re going to eat we don’t normally say what we’re going to eat and where we’re going to eat. All we’re going to say is we hungry, we’re going to find a restaurant. That is our position today.”

Mr Ferguson also accused Mrs Maynard-Gibson of denying Bahamian workers “the right to bring a charge against the employer for (allegedly) committing a criminal offence on them.” He said it is “the very first time in our history that Bahamian workers have been denied a seat at the table of justice for a criminal act (allegedly) committed and carried out by a foreign company.”

Mr Ferguson also lamented the fact that both Mrs Maynard-Gibson and Prime Minister Perry Christie did not inform the union of the nolle prosequi, despite the union’s engagement in discussions over the last month with both individuals on the matter.

His comments came two days after it was revealed that court proceedings against Sandals Royal Bahamian and two of its senior executives brought by union officials were dropped by order of the attorney general on the same day the Cable Beach resort terminated more than 600 staff to facilitate a $4m renovation programme.

“…Why would we be sitting as responsible trade union leaders in a meeting discussing a very sensitive, a very negative situation affecting the Bahamian workers?” he asked. “Why would we do that if we know that the charge that is scheduled for the 26th and the 27th of this month has been (discontinued)?

“I think the attorney general owes the workers of the Bahamas an apology. And the union, this defect of what she would have done is to take us back to pre-1958.”

He added: “This is sad. This is an indictment on the Bahamian people. Not only the unions, because these two fellas are foreigners. They have no regard for our laws. And our government has decided not to prosecute them for committing a criminal offence.

“…So we are forced to do something, even if we don’t want to do it, we have to do it for the preservation of the workers of this country. There’s no security anymore.”

On August 15, Mrs Maynard-Gibson had given a nolle prosequi (no prosecution) directive to the Magistrate’s Court to discontinue the criminal action launched against the resort, its general manager, Gary Williams and financial controller, Fitzroy Walker, by five officers of the BMAWU who had alleged that Sandals was in breach of the Industrial Relations Act by failing/refusing to “treat or enter into negotiations” with the union.

They had also alleged that the resort, and Mr Williams and Mr Walker, had violated the Industrial Relations Act by intimidating and terminating employees. The resort, and its executives, had denied all allegations.

The revelation of the nolle prosequi sparked controversy because according to Mr Ferguson, while the TUC’s affiliate and other trade unions have been engaged in talks with the government for more than a month in a bid to resolve the Sandals situation and other matters, the nolle prosequi was signed and dated August 15.

Mr Ferguson had previously said neither Mr Christie, nor Mrs Maynard-Gibson, had disclosed the “no prosecution” directive’s existence despite meeting several times with the unions over the past five to six weeks. He added that the directive was only brought to light during court proceedings on Monday.

Then on Wednesday, Labour Minister Shane Gibson said he was disappointed that Mrs Maynard-Gibson issued the nolle prosequi without at least first alerting him.

Mr Gibson said he found out about the nolle prosequi on Tuesday from “one of the union presidents” who sent it to him.

“I’m disappointed that I could be sitting around the table negotiating with the union and something like that happened and I know nothing about it,” he told The Nassau Guardian. “Sitting around in good faith trying to resolve these matters and you know nothing.”