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BGWU obtains court injunction halting ‘unlawful’ poll over union representation

By KEILE CAMPBELL

Tribune Staff Reporter

kcampbell@tribunemedia.net

THE Bahamas General Workers Union (BGWU) has obtained a Supreme Court injunction halting a union representation poll at the Bahamas Agricultural and Industrial Corporation (BAIC), arguing that Labour Minister Pia Glover-Rolle unlawfully facilitated the vote without a formal request from workers.

BGWU attorney Keod Smith, with union president Latonya Sands, accused the minister of bypassing legal procedures. Ms Sands criticised the process, saying it was unfair for union members to pay dues, but be left off the voter list, preventing them from participating.

Mr Smith alleged that the Bahamas Public Sector and Health Professionals Union (BPSHPU), led by president Kimsley Symonette, misrepresented its authority and allegedly violated the Industrial Relations Act by pressing for the vote. He argued that BGWU remained the legally recognised bargaining agent for BAIC employees and that Mrs Glover-Rolle had no basis for facilitating the poll.

Sloane Smith, vice president of the Bahamas Trade Union Congress (TUC) and an attorney, also condemned the minister’s involvement, calling it an unlawful interference in union affairs.

According to Keod Smith, BGWU had already finalised an industrial agreement that only required registration with the Department of Labour. He warned that if BPSHPU took over, BAIC workers could face lengthy delays in securing benefits as a new contract would have to be renegotiated.

BGWU also argued that workers were unfairly excluded from voting due to the minister’s failure to provide a vetted registration list. BGWU secretary general Nasthanya Johnson said the union requested a copy of the ballot and voter list but was denied access, with Mrs Glover-Rolle claiming the information was confidential. Johnson questioned how a poll involving public workers could be conducted in secrecy.

Justice Andrew McKinney ruled in favour of BGWU, preventing the poll results from being certified. A final ruling is set for April 1.

Mr Smith emphasised that under the law, at least 25 percent of BGWU members would have needed to petition the minister for a change in representation, which he said never happened.

Meanwhile, Ms Symonette dismissed BGWU’s legal challenge, insisting that BPSHPU had secured majority support. She argued that her union had surpassed the 50 percent threshold required under Section 42 of the Industrial Relations Act, making it the rightful bargaining agent.

She rejected claims that the injunction would affect the outcome, saying BGWU had no valid case. She accused its leadership of trying to hold on to power rather than respecting workers’ wishes.

Adding to the tension, BGWU vice president Dave Beckford sided with BPSHPU, accusing his own union of failing BAIC workers. He claimed that even if the court upheld the injunction, the poll results proved employees wanted new representation.

The Supreme Court’s April 1 ruling will determine whether BPSHPU is officially recognised or if BGWU retains its bargaining authority over BAIC workers.

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