The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

A Bahamian trade union body has complained to the International Labour Organisation (ILO) about the “substantial limitation” that will be imposed on worker industrial action by the Government’s proposed legal changes.

The Trades Union Congress (TUC), in a January 31, 2017, letter to the ILO’s Caribbean regional director, said the Government’s bid to require a ‘two-thirds majority’ of union members to vote in favour of taking a strike ballot was “a deterrent” to Bahamian workers exercising their legal rights.

The letter, signed by TUC president, Obie Ferguson, and secretary-general, Tyrone Morris, argued that the proposed legal amendment would violate the ILO’s convention 87 and ‘Recommendation 159’.

The Christie administration is seeking to insert an entirely new clause 1 (d) into the Industrial Relations Act’s section 20, which deals with the supervision of strike polls by the Minister of Labour, but the TUC branded this as “unreasonable”.

“This, in our view, will have grave implications for unions and their membership in an anticipated pursuit of preparing for an industrial action,” Messrs Ferguson and Morris wrote on behalf of the TUC and its affiliates.

Pointing out that all its members were “strenuously opposed” to the Government proposal, they added: “In our view, the essence of ‘right’ as enshrined in ILO convention 87... will be contravened by Government’s proposed imposition of balloting by secret ballot on the question of ‘consideration for the taking of a strike ballot’. Recommendation 159 will, too, be compromised.

“The proposed amendments are unreasonable and will place substantial limitation on the means of action in readying the union for industrial action.”

Messrs Ferguson and Morris argued further: “The mere fact of taking a secret ballot to determine if a ballot should be taken for a strike action is contrary to the ILO convention and recommendation cited above.

“This we consider to be a deterrent to the free, unimpeded participation of workers seeking to exercise their rights.”

The clause subject to the TUC’s protest would require that “a two-thirds majority” of union members must vote in favour of taking a strike poll before it can be held - something they do not have to do currently.

It reads: “Any decision as to whether or not to request a strike poll shall be made at a Special General Meeting of the membership called by the Executive Committee, and shall be decided by a two-thirds majority vote by secret ballot.”

The proposed clause creates another step, and a potential impediment/obstacle, in the process trade unions and Bahamian workers must undergo before they can lawfully take industrial action against an employer. It effectively requires them to ‘take a vote on taking a vote’.

Robert Farquharson, the director of labour, wrote on January 9, 2017, to the ILO’s regional director, Claudia Coenjaerts, seeking the organisation’s approval for the change.

He said: “The Government wishes to include a provision in the Act whereby before a trade union applies to the Minister to supervise a strike poll, as prescribed in section 20 (3), the union must ensure that a secret ballot is taken by the membership with a two-thirds-support.”

Mr Farquharson revealed that this provision was lifted from the Water and Sewerage Management Union’s constitution, and said: “We are seeking to ascertain if the inclusion of this provision will be in violation of any of the ILO conventions and/or recommendations, particularly Convention 87.”

Should it become law, the amendment would require Bahamian trade unions to ‘take a poll on whether they should have a poll’, with the bar set extremely high for a vote in favour of a strike ballot.

It is unclear what has motivated the Government to push for this, but the move has coincides with recent demands and industrial action threats by public service unions, and their alliance with the ‘We March’ organisers.