The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

A trade union leader yesterday warned the Government that it must have "a legitimate basis" for its Atlantis labour probe and said: "It cannot be a fishing expedition."

Obie Ferguson KC, also a labour attorney, spoke out after the Paradise Island mega resort asserted it had "never pressured" any of its 6,000-plus staff to publicly or directly oppose Royal Caribbean's proposed nearby project. Atlantis responded after it was revealed that the Department of Labour has initiated an investigation into whether its workers feel they are being "intimidated" into opposing the cruise line's plans and fear for their jobs if they do not.

However, Keith Bell, minister of labour and Immigration, yesterday told media outside the House of Assembly that the Department had acted after receiving "a number of complaints" from Atlantis workers that they felt pressured, intimidated and under "undue influence" to take a particular stance towards the Royal Caribbean project.

“Let me, first of all, confirm that the Department of Labour is conducting an investigation," Mr Bell said. “And it followed on the department receiving a number of complaints from employees at Atlantis, allegations of undue influence being placed on them in respect to statements made by a senior executive.”

Asked when the complaints were made, Mr Bell said: “The complaints came following statements made by a senior vice-president [with respect to] Royal Caribbean's investment that's about to take place, or that we have approved, on Paradise Island. A number of persons made complaints. Therefore, we are looking at them to determine the authenticity of the complaints.”

The minister said workers complained of feeling the weight of “undue influence, pressure (and) intimidated to take a particular course of action". He did not provide further details, adding: “We want to ensure that the scales of justice are always balanced. That is the superior bargaining position of the employer weighed against the rights of the employee. We just want to make sure that everything remains harmonious. The employees are treated with basic decency, respect."

Mr Bell's reference to a senior vice-president implies that the Department of Labour probe was not sparked by the early April letter to Atlantis staff from Audrey Oswell, the mega resort's president and managing director. However, the questionnaire said to have been issued to staff refers to Ms Oswell's remarks.

“Many of you have expressed your support for our speaking out and asked what Atlantis team members can do to make their voices heard. The local economy is driven by tourism and, for the most part, tourism is driven by the beautiful waters and beaches of The Bahamas and its people,” Ms Oswell wrote in early April.

“As part of the hospitality industry, we need to stand up and protect our livelihood. I encourage you to share your thoughts with your family and friends. Follow the review process as it unfolds and, if you feel strongly, contribute to the public dialogue.” The use of the word "if" suggests that it is not mandatory, or been made a condition of employment, for Atlantis staff to oppose the Royal Beach Club project.

From the outside the Department of Labour's investigation does appear to be something of a fishing expedition where it is seeking to uncover evidence rather than already possessing it. Department officials were reported to have visited Atlantis on Tuesday to hand out a questionnaire to employees, asking if they were aware of Ms Oswell's comments; if management had asked them to advocate against the Royal Caribbean project; and if they felt pressured into doing so.

The questionnaire also asks if Atlantis staff feel they will be disciplined, or terminated, if they do not comply with the resort's wishes. Mr Ferguson yesterday said it was critical that the Department of Labour "lay out the rationale" for issuing the questionnaire, and avoid any unnecessary investigations that would merely waste time and money for all concerned.

"I find it strange, quite frankly, unless they can establish some grounds for doing it," the Trades Union Congress (TUC) president said. "If they're going to do something of that nature, they have to have a reason for doing it. Whose complaining? Somebody must say they are being intimidated, that they are being pressured. Somebody must make a a complaint, and that person must be identified.

"You cannot take something and go to do an investigation at a whim. There has to be a basis for it; a legitimate basis for it. You need to know who is making or laying out the complaint. Other than that, anyone could call and cause an investigation. There must have been somebody or a group that lodged a complaint with the Department of Labour. The Department of Labour has a right to do an investigation, but must make sure there's a case.

"It cannot be a fishing expedition. It cannot. It would be a waste of resources, it's a waste of money. Lawyers get involved in these things sometimes, and labour activists get involved. It costs money for no hood reason." Mr Bell, though, yesterday argued the Department of Labour had sufficient grounds to investigate employee concerns over the fall-out from Ms Oswell's remarks.

However, the Department of Labour's probe - and how it is being handled - could send a very negative message to the Bahamian and international business community, as well as existing and potential investors. Some may interpret it as government retaliation for Atlantis opposing the Royal Caribbean project, and an investigation that is being conducted without any proper basis.

Darrin Woods, the Bahamas Hotel, Catering and Allied Workers Union’s (BHCAWU) president, told Tribune Business yesterday that he and the union were not aware of any complaints by members, who also work at Atlantis, of the nature described by Mr Bell. However, he conceded that he has been off-island for two weeks at international conferences.

"We've not gotten any complaints. We have not gotten anything drawn to our attention," he said. "I didn't know that situation had been woken up again. We want the Government to do what it's got to do. I guess we have to wait and see what the results of the questionnaire are. If persons are intimidated and fearful for their job, they are probably not going to say anything.

"Something like that coming from the principal of the company, and being said to the employees, may be unduly concerning. That's probably why the Government is not taking it lightly. I guess it's going to what it needs to do to get to the bottom of what was said. If something was said against the company, the company will also launch an investigation."

Atlantis, in its statement, said: "Atlantis has never opposed or pressured our team members to oppose Royal Caribbean’s proposed Paradise Island project. Our sole focus is to ensure that Royal Caribbean’s development undergoes environmental due diligence and that the natural beauty of Paradise Island and the vitality of The Bahamas remain protected.

"Much of the pride our 6,000-plus team members share about working at Atlantis is our long-term commitment to the community, marine life, the environment and our record for doing the right thing, even when it is not the easiest path. While we pride ourselves in keeping our team members informed, we are confident in our team members’ ability to draw their own conclusions and make the right decisions."

However, several sources yesterday suggested Atlantis had sought to "weaponise" its employees to fight the resort's battle with Royal Caribbean for it - a situation they branded as "unusual". Mr Woods, too, said the union's position was unchanged having previously told Atlantis executives to “go put their own placards on”.