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Last Updated: Feb 13, 2017 - 1:45:37 AM |
Ministry of Public Service Update on discussions with the Customs and Immigration and Allied Workers Union
By Bahamas Information Services
Nov 27, 2014 - 11:11:34 AM
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Nassau, Bahamas - The Customs and Immigration Union registered several Trade Disputes with the Department of Labour, the last of which was registered on 23rd October 2013
The Union applied to the Minister of Labour for a strike vote to be taken in respect to the several matters in dispute on 7th March 2014. The Minister of Labour obliged the union and a strike vote was supervised by officers of the Department of Labour on 14th March 2014.
On 15th March 2014 a certificate was issued to the union by the Honorable Minister certifying the results of the strike poll.
During the month of August in 2014, the Trade Union Congress engaged in several public pronouncements concerning a possible general strike involving its affiliates. During the week of the 8th September the Customs and Immigration and Allied workers along with other affiliates of the TUC initiated a strike action.
The Minister of Labour being aware of the gravity of the situation and the potential negative impact such strike action could have on the Bahamian Community, sought the relief of the courts by way of Injunction on 10th September 2014 restraining the Union and its members from any further Industrial Action. The courts ruled that the actions of the Union ought to cease immediately as the strike was in violation of the provisions of the Industrial Relations Act.
It should be noted that while any strike action taken in furtherance of a dispute following a duly certified strike vote is deemed to be legal prior to its referral to the Industrial Tribunal and protects workers from being dismissed for engaging in such action, this does not prevent an employer from cutting the salaries of workers who have withdrawn their labour.
The Minister at all material times remained open and amenable to further discussions between his Ministry and the Trade Union Congress of The Bahamas and in this regard a meeting was held on Saturday 13th September 2014 wherein the Trade Union Congress was invited to itemize and prioritize all matters in dispute relative to the several unions under that umbrella which included the Customs and Immigration and Allied Workers Union. The meeting was chaired by the Minister in an atmosphere of cordiality and good faith and as a result of that meeting several agreed positions were arrived at and the parties signed off on those agreed positions. The matters agreed were separated into two distinct categories.
(A) Matters that could be addressed by the Minister which were separate and apart from ongoing Contract Discussions
(B) Matters which would have to be finalized through the collective bargaining process.
In the case of the Customs and Immigration Union it was made very clear from the outset that all issues including financial issues which formed the bases of contract talks would have to be incorporated as a part of the Industrial Agreement.
This position was agreed and accepted by the Union and a subsequent meeting was held with the Customs and Immigration Union, their Attorney Mr. Obie Ferguson and officials of the Ministry of Public Service to conclude an Industrial Agreement for signature.
The document was reviewed by the Minister of Labour and the parties were invited back to the table to finalize the document, however to date the Customs and Immigration Union has failed to return to the table to finalize the contract so that its members can receive the payments agreed.
The Ministry wrote to the union inviting it to return to the table, however, the Ministry was advised that Mr. Obie Ferguson, counsel to the Union, was out of the country and the Union was not inclined to return to the table without Mr. Ferguson. Meanwhile the Minister and his officers await the return of the union to finalize the contract so that the payments can be made to those deserving and hardworking uniformed members.
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