The Tribune

By LEANDRA ROLLE

Tribune Chief Reporter

lrolle@tribunemedia.net

A SUPREME Court judge has ordered the Bahamas Nurses Union to hold its election no later than November 13. Her ruling refused to remove President Muriel Lightbourn from office but found that Mrs Lightbourn's suspension of two board members was unlawful.

In her written ruling, Justice Camille Darville-Gomez said the election deadline was set to minimise potential conflict and ensure the vote goes ahead without further delay. She also urged members to put their differences aside and work together.

The decision ends a months-long internal dispute between Mrs Lightbourn and some of her executives over the union's leadership, finances and governance.

In her judgment, Justice Darville-Gomez described the case as a "serious breakdown" in the union's governance. She cited suspensions ordered without following the constitution, poor financial record-keeping, inadequate minute-keeping and allegations that funds had been misappropriated.

"The financial members of the union deserve better," she wrote.

"It is apparent to the court that the personalities of certain members of the executives are not conducive to the proper functioning of the union," she wrote, "and the financial members are the ones who suffer as a result."

The dispute erupted last year when Mrs Lightbourn suspended two board members over alleged breaches of the union's constitution.

Several executives then declared that Mrs Lightbourn was no longer a member of the union, alleging that she had failed to pay her union dues. The locks at BNU headquarters were changed, and the matter went to court.

The suspended executives argued that the process used against them was unconstitutional and sought special damages. The executives also challenged the union's financial management, alleging a lack of transparency and accountability.

Justice Darville-Gomez refused the executives' request to remove Mrs Lightbourn from office and declare her a non-member. She also rejected their challenge to meetings Mrs Lightbourn had held.

However, the ruling did not go entirely Mrs Lightbourn's way. The judge declared her suspensions of Secretary General Shavonne Brennen and executive member Shenique Cox unlawful and void.

She ordered that Ms Brennen be paid any salary withheld because of the unlawful suspension. She denied Ms Brennen's claim for consequential losses of more than $15,000.

The judge also found that the union's treasurer had not breached certain provisions of the Industrial Relations Act.

She ordered the executive to put the union's financial records in order within 45 days. This includes locating, securing and preserving all books, vouchers, cheque books, receipts and audited financial statements.

The treasurer must give the executive copies of audited financial statements and available returns for 2021 to 2024. The treasurer must also provide a schedule listing any documents that are unavailable and the reasons why.

The executive board must also make sure that any outstanding annual returns or financial filings required under the Industrial Relations Act are completed and signed by the appropriate officers. If they have not already been filed, they must be submitted to the registrar of trade unions within 60 days of the order.

Justice Darville-Gomez ordered that nomination day be held no later than October 14 and the election no later than November 13.

The union last held elections in January 2023. Its constitution provides for three-year terms, meaning another election was due this year.

The judge urged the two factions to work together to ensure a smooth handover after the election. She said the handover must include updating, securing and preserving the union's records, which she said did not happen after the 2023 election.

She made several recommendations to the incoming executive committee to strengthen internal controls. These include virtual meetings with transparent records, adopting Robert's Rules of Order and updating the union's constitution.

"The court reminds the executive board that they serve at the pleasure of the financial members of the union," she wrote, "whose interests must remain paramount until new elections restore stability and legitimacy."

Mrs Lightbourn said she intends to seek re-election.

The judge ordered the union to pay each party's costs. Unless the parties agree otherwise, the costs will be summarily assessed on the papers.