NCTUB president John Pinder, centre, making a point at the joint press conference with the TUC yesterday, alongside TUC president Obie Ferguson at the BCPOU hall. Photo: Tim Clarke/Tribune Staff
By NICO SCAVELLA
Tribune Staff Reporter
nscavella@tribunemedia.net
WITH the full support of all of their respective affiliates, the country’s two umbrella unions yesterday warned their members to “get ready for battle” over 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.
Trade Union Congress (TUC) President Obie Ferguson, and National Congress of Trade Unions Bahamas (NCTUB) President John Pinder, supported by presidents and members of various NCTUB/TUC affiliates, teamed up for a joint press conference at BCPOU Hall, during which both men swore there would be “repercussions” to Mrs Maynard-Gibson’s August 15 nolle prosequi.
Mr Pinder, also the president of the Bahamas Public Services Union (BPSU), said the trade union movement will likely have to “battle this out” as the government is not on their side.
Meanwhile, Mr Ferguson said all of the TUC’s affiliates “will be called upon to take whatever action we decide,” and that both trade union bodies will commence some action “collectively.” Mr Ferguson also said both bodies will be writing the International Labour Organisation (ILO) on the controversial matter.
However, both men said any action by the union may be deterred, or at the very least tempered if the Christie administration makes the necessary amendments to the country’s labour laws no later than September 30.
Those changes, Mr Pinder said, include but are not limited to amending the Industrial Relations Act (IRA) to “force” an employer to the negotiating table within 90 days once the employer receives a proposed industrial agreement from the bargaining agent in that workplace, as well as strengthening a particular clause in the Employment Act that would “make it very difficult for an employer to terminate workers without cause.”
“They promised that they will do something as it relates to amending these laws by the 30th of September,” Mr Pinder said, responding to a question from The Tribune. “If they do something to satisfy the trade union movement and we feel as though this matter will go away and not repeat itself, we may just tone down what we have to do. But I can tell you this much, we will swim together to avoid drowning apart.”
He added: “...So I expect for all of our members to now start to circle the van, start to rally the rest of the troops, sharpen your gears, and get ready for battle. We’re going to have to battle this out. Obviously the government is not on our side.”
Mr Pinder also said Prime Minister Perry Christie should have had the “testicular fortitude” to fire Mrs Maynard-Gibson over the matter.
“The prime minister is her boss,” Mr Pinder added. “If he is satisfied that this decision is in the best interest of the country, well then let him let her remain there as attorney general, and he will get his termination letter in May of next year, or whenever he calls the general election.”
Meanwhile, Mr Ferguson regretted Mrs Maynard-Gibson’s issuance of the nolle prosequi, suggesting that the decision effectively neuters the trade union movement’s ability to take legal action against employers.
He added: “This is almost frightening. My God, you talk about 1958, this is worse. We are nowhere. We’re not questioning her authority. Let me make that clear: I’m not questioning her constitutional authority to do it. But how can you? Where are the workers supposed to go now? If you have a dispute, unless you take to the streets, where do you go? As a movement what is left for us to do?”
The nolle order in question halted the action launched against the resort, its general manager, Gary Williams, and financial controller, Fitzroy Walker, by five officers of the Bahamas Hotel Maintenance and Allied Workers Union (BHMAWU) who had alleged that Sandals was in breach of the IRA by failing/refusing to “treat or enter into negotiations” with the union.
They had also claimed that the resort, Mr Williams and Mr Walker, had violated the Industrial Tribunal Relations Act by intimidating and terminating employees.
Much of the public outcry over the nolle has hinged on the fact that it was signed on August 15, the same day the hotel terminated more than 600 employees. Since the order was made public last week, the attorney general has come under fire from the labour movement and the Official Opposition - both groups have called for her immediate resignation - as well as several of her Cabinet colleagues.
However, in response to the pushback, Mrs Maynard-Gibson released a statement last Thursday night clarifying that the order did not come into effect until it was entered in the Magistrate’s Court on September 19.
In her statement, Mrs Maynard-Gibson also made it clear that she would not be swayed “by the political objectives of her colleagues or anyone else” in the execution of her constitutional duty.
She has also dismissed rumours that her family has a business interest in the Sandals resort.
Comments
Theobserver1 8 years, 1 month ago
What madness is this? We are going to disrupt this beautiful country because you fail to prosecute two company officials for a reason that is not even clear? I still do not know what the issue was at Sandals other than the union upset they could not get their tendrils into another fruit to suck dry! Was this about pay? Not if you judge by some of the redundancy packages, people were clearly being paid well. Was this about working conditions? Come on, this is a six-star hotel, the conditions will be above excellent. This is about ego, it’s about self-aggrandizement, and it is about the perpetuation of archaic power posited in the bosoms of a few dinosaurs! What message do you think you send to foreign investors by criminally prosecuting their senior employees? But clearly the Bahamas doesn’t need investors, we will just rely on our manufacturing sector and oil sector when things get tough right? Come on Bahamians, recognize this madness for what it is – it’s about whether you will have jobs in the first place. These men cannot represent you if there is nothing or no place to represent you at. Think!
ThisIsOurs 8 years, 1 month ago
"Come on, this is a six-star hotel, the conditions will be above excellent"
Not sure about that, I remember going for an interview at one of the top hotels in the country and being completely shocked by the location and access point of the HR department. I remember thinking, if this is HR what do the other employee quarters look like. The hotel on the other hand was immaculate. I think they have something to complain about, unfortunately the people in the forefront have no credibility with the Bahamian public.
Theobserver1 8 years, 1 month ago
I really can't imagine it would be so terrible to the point where it can't be resolved internally. But there is much more in the mortar than the pestle ...
licks2 8 years, 1 month ago
This is about the rule of law. . .something sandals cannot do in no other nation. . .ignore a ruling by their highest court. . .I TOLD FROM THE BIGINNING THAT THE HIGH-HANDED MOVE MADE BY THAT HOTEL WOULD GO A LONG WAY TO MAKE THEM RUE THE DAY THEY DECIDED TO IGNORE THE RULING OF THE HIGH COURT OF THE BAHAMAS!
THE MESSAGE THAT WILL BE SENT TO FI IS WHEN YOU COME TO THE BAHAMAS YOU WILL BEHAVE YOURSELF ACCORDING TO LAW!
SANDALS WENT UP AGAINST THE UNIONS. . .LET HER GET WHAT SHE DESERVES. . .THEY HAVE IT COMING!
Theobserver1 8 years, 1 month ago
Rue what day? Sandals has 24 other properties including in Exuma Island. How many Sandals does Bahamas have? Sandals has nothing to lose here, the workers on the other hand have everything to lose. The unions are not God, and its about time someone takes them on!
wetman 8 years, 1 month ago
licks2 I cannot believe that you are spotlighting the stupidity of our people on an internatinally viewed forum such as this. Your parents and teachers must be ashamed of you. Let me break it down for you clearly: 1. Why is it that in our country, our own people are cutting our own throats? That two month-closure is taking food out of people's mouths... just because Pinder and Fergie & company seem intent on killing the goose that is laying our golden egg. You shouldn't be ashemed to admit that if you even know ten people, at least two or three of them are earning a dollar from the hotel/tourism industry. I guess you prefer to starve your family, rather than to give thanks for what the Lord has provided. Half a loaf is better than none, eh?
Judging by your language, you are obviously not a lawyer (but more on that later) as you obviously mixing up your court rulings... did you read the? Can you read?. Since I do not take medication not prescribed by a doctor, nor hire a taxi driven by a man without a license, an entire salt factory cannot help you in this case. The ruling as far as I have read - ostensibly from the same sources that you have - leads me to believe that attrition between careful hotel operators and bullying union leaders opened a chasm that many innocent workers fell into. People like you, who persist in pronouncing, prosecuting and persecuting people on fragments of misunderstood rumshop talk only devalue the weel-being and progress of our society. You, sir, are an abandoned, moss-covered millstone.
A labour disoute is a labour dispute. Period. Employers hire people, who agree to terms of employment, and they are paid for their job. Employees don't invite a business to be set up so they can get a job and in turn dictate to the business owners how they should run their shop. I se that you are conveniently ignoring the fact, that even though legal roceedings and protocol was being followed, some workers (and I can call names) were bullying their colleagues to sabotage the hotel's operations. Yes, I said it. Sabotage. You know what the penalty for corporate sabotage is? Some people shoule be thankful that they weren't prosecuted and charged.
And finally... your abject lack of grammar and communication skills will make any outsider think that we all operate like you. You are too shameless to think that simply because you have a free, public anaonymous forum, that you are free to spew your ignorance. I am not afriad to tell you that in your face in person. Pick a public space - KFC, McDonald's, Original Patties, whereever - and I will tell you the same.
In short: a) Learn to read b) Learn to write c) Learn to understand (my humblest apology if you are afflicted with Asperger's) d) Learn internet etiquette (and stop using all caps) e) Learn to spell, or use spell check f) Be sensible g) Be wise h) And, as a cockroach, remember to always stay out of the fowl's business
Have a great day.
wetman 8 years, 1 month ago
licks2, you too dotish. You can't read, write, spell or use the internet properly. Poeple like you only take food from people mouth. Let somebody make you and your family starve, and then we will talk about who gets what they deserve. People like you only brin down this country.
Gotoutintime 8 years, 1 month ago
If the Unions keep jerking Sandals around I would love to see Sandals just say "to hell with this place" and pick up and leave. Believe me there are many other places in the world with "Sun, Sea, and Sand" and we the people in the Bahamas don't realize this and change their ways the Bahamas is doomed!!
sheeprunner12 8 years, 1 month ago
John Pinder and Obie Ferguson both make six-figure salaries from their unions/careers .......... what can they say to convince poor struggling workers to risk a pay cut for by protesting??????? ......... it is like the politicians telling us that "better days are coming" when people do not have jobs and cannot pay their bills (but the politicians are sitting pretty and smiling)................ the citizens/workers are disillusioned with both politicians and union leaders
alfalfa 8 years, 1 month ago
The only way for them to get ready to battle is to prepare to strike. The unions have already threatened to "shut the country down" over what is a normal business decision by an international hotel chain. Shut it down you idiots, and see how much support you get from the Bahamian people. Your leaders are fat cats and only look out for their pockets. These threats and innuendos are counter productive to developing investor confidence in the Bahamas, whether international or local. Carry on smartly, perhaps you have something on the government that only you know about, but remember, the decision to Nolle this matter is legal, and shutting down the country is illegal. You may find yourselves praying for a Nolle.
John 8 years, 1 month ago
Things are tuff and jobs are few and far between. The hotel/tourism industry is in a slump and persons who have "a lil piece a job" would be foolish to sacrifice that, especially when then don't know exactly what the dispute is about. The union leaders should sit down some more with the employers/hotel bosses and map they way forward. Reckless actions and even well planned strikes at this point will hurt the employed worker the most.
wetman 8 years, 1 month ago
All this suffering and starvation now... for what? To force a business in a tough economic time to risk everyone's job? I say to eat little and live long. Pinder and Fergie will bully people to follow their selfish, greedy souls for what? Get a collective agreement, to get 1 or 2% increase a year, so you get a cheque for $15 in 2026? Don't show up small-mindedness here... read what is happening in similar situation around the Caribbean. Butch probably born in the morning, but I am sure it wasn't this morning...
Publius 8 years, 1 month ago
I did not bother to read this story once I saw the headline; it would be minutes wasted that I of course can never get back.
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