Nassau, Bahamas - The Ministry of Labour and
National Insurance (ML&NI) is extremely concerned with a number of public
statements made in the print and electronic media regarding the possibility of
strike action by trade unions associated with the Commonwealth of the Bahamas
Trade Union Congress. The Government remains committed to the concept of
partnership with all trade unions and will keep the channels of communication open
for discussions with trade union leaders.
In an effort to update the
public and clarify any misconceptions resulting from the public statements made
by Mr. Obie Ferguson, President of the Commonwealth of The Bahamas Trade Union
Congress (CBTUC) regarding a pending strike by affiliates of the CBTUC, the
ML&NI can confirm that the following trade unions and association have
matters before the Industrial Tribunal pursuant to the provisions of the
Industrial Relations Act 1970:
· The
Bahamas Industrial Manufacturers and Allied Workers Union,
· The
Bahamas Nurses Union,
· The
Commonwealth Union of Hotel Services and Allied Workers,
· The
Bahamas Hotel Managerial Association,
· The
Bahamas Customs Immigration Allied Workers Union,
-
The Bahamas Educators Managerial Union
On May 6th, 2014, in The
Tribune, President Ferguson was quoted as saying
“….
there is nothing the government can do to
stop the withdrawal of labour of hundreds of unionized and non-unionized
workers in the coming days”.
The ML&NI wishes to
refute this statement and remind President Ferguson and affiliates of the CBTUC
of the provisions of Section 77 (1) of the Industrial Relations Act Chapter 321
of the Statute Laws of The Bahamas which states;
“No employee shall go on
strike and no employer shall declare a lock-out, and no union or member of the
executive committee or other governing body of a union shall call a strike or
declare a lock-out in consequence of a trade dispute while proceedings taken in
relation to that dispute are pending before the Tribunal or the Court of
Appeal.”
As stated in the Ministry’s
press statement published on Thursday, 28th August 2014 in The
Tribune, The Nassau Guardian and broadcast on various radio stations, any strike
action taken by the above mention trade unions and or associations, while the
dispute was before the Tribunal constitutes a breach of section 77 and is
deemed a criminal offence as stated by Supreme Court Justice Maynard in his
judgment in
Commonwealth Electrical Workers Union v The Minister of Labour and
Immigration and Another FP/PUB/jrv/0001/2006 where he states at
paragraph 31:
“……then it appears to me that under section 77,
a trade dispute proceedings are pending before the Industrial Tribunal and in
these circumstances it would be an offence for any employee to go on strike or
for any union or member of the executive committee or governing body of the
union to call a strike”
In the same Tribune article,
President Ferguson was quoted in the second paragraph as saying:
“……. a mass rally, tonight will inform the
workers why the union has decided to strike and also to decide on which days
the strike will be called”
The ML&NI is most
concerned of the implications of President Ferguson’s statement, wherein he
appears to be calling members of a number of trade unions and associations,
which are affiliated with the CBTUC, to take strike action when he is aware of
the contents of section 74(3) of the Industrial Relations Act. Finally, the
ML&NI wishes to caution President Ferguson regarding his statement in the
Tribune’s article where he was quoted as saying:
“The purpose of this meeting is to inform the
workers as to the issues are and for them to understand there needs to be a
recess of about two to three days. We will also make the determination tonight
when they will strike.”
As a leading Trade
Unionist, President Ferguson must be mindful of the provisions of
Section 74(2) of the Act
which states:
It shall not be lawful for any person or any
trade union to declare, instigate, incite others to take part in or otherwise
act in furtherance of, a strike or lock-out when there is not in relation to
the matter in question a trade dispute in relation to which all the conditions
of subsection (1) have been satisfied.
The instigation or
incitement of members to take part in or in furtherance of a strike when the
matter is before the Industrial Tribunal would be in contravention of the
relevant provisions of the Act.
The ML&NI supports all
workers and will continue to defend their rights to take part and participate
in lawful demonstrations and strike action pursuant to the statutes laws of The
Bahamas and Judgments of the Court. President Ferguson is reminded that all
employees and employers are subject to the laws as expressed by Justice Maynard
in paragraph 9 of his ruling in
Commonwealth Electrical Workers Union v
The Minister of Labour and Immigration and Another
The ML&NI anticipates
that the Trade Disputes referred to the Industrial Tribunal regarding
affiliates of the CBTUC will be scheduled for a hearing and resolved in an
amicable manner in the shortest possible time but is prepared, even at this
stage, to enter into discussions with Mr. Ferguson and his Team, at any
convenient date and time, in an effort to resolve the matters in an amicable
fashion. The ML&NI attaches a copy of the judgment of Maynard J (Ag.) in
the case of
Commonwealth Electrical
Workers Union v The Minister of Labour and Immigration and Another.