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BIU boss calls general meeting over KFC dispute

BIU president Chris Furbert will meet union members today to discuss the ongoing row with KFC.

BIU boss Chris Furbert last night said the Bermuda Chamber of Commerce could ‘go to hell’ after it condemned his call for a general membership meeting this morning.The meeting is to discuss the latest escalation of the union’s dispute with fast food company KFC.Mr Furbert claims that KFC wants the Supreme Court to block Government’s decision to refer their dispute to arbitration.The union has now called its members to a meeting at 10.30 this morning to receive an update on the situation and decide on the way forward.The Bermuda Chamber of Commerce “is extremely disappointed by the BIU’s decision to call a general membership meeting at the start of the tourism season,” said executive vice-president Joanne MacPhee.“It is disturbing to the membership that the leadership of the BIU should chose to call the meeting at 10.30am on the busiest day of the weekly cruise ship schedule, to discuss a matter which has been before the membership for some time.“It is well reported that the local economy is in crisis and as one articulate member stated ‘A broad sweeping withdrawal of labour will only serve to penalise everyday struggling Bermudians who are trying their hardest to keep their heads above water, The action is apropos to holding a hand on their heads and shoving them further under.’“The decision by Mr Chris Furbert, a member of the newly formed Tourism Board, to call the general meeting at such a crucial time is of great concern to The Chamber.”Contacted last night for his reaction to the Chamber of Commerce statement, Mr Furbert was unrepentant.He noted that the Chamber had said “nothing about what KFC is trying to do to the workers and their rights”.“You think I’m worried about what the Chamber says? They can go to hell as far as I am concerned. What is a good time to call a meeting? At eight or nine in the evenings when they should be with their families?“This matter has been outstanding for four months. The BIU has been extremely patient.”He added that the meeting should be over by noon.Mr Furbert alleged yesterday that, instead of coming back to the negotiating table, the fast food business wishes to block the arbitration process via a judicial review.He accused the company of “trying to escape from its lawful obligations” to carry on with talks and said he will discuss the matter with all the union members at a meeting today.However, KFC responded by saying that no judicial proceedings have been launched because Government has not referred the matter to arbitration as yet. The company’s director/controller Jason Benevides said there were “factual errors” in the claims made by the union, and it remains willing to negotiate.Outlining the background to the dispute, Mr Furbert told the media the union and company entered into a collective bargaining agreement regulating the terms and conditions of KFC workers on April 15, 2008. On February 1, 2011, KFC gave notice to modify that agreement.“In the middle of negotiations, KFC attempted to terminate the collective bargaining agreement because KFC could not have matters its way,” alleged Mr Furbert.He went on to claim: “The BIU remains the sole certified bargaining agent in respect of KFC’s workers. KFC remain under a duty to deal with the union accordingly. This duty includes negotiating with the BIU in good faith for the purposes of collective bargaining. KFC have chosen not to abide by this duty.”Minister of Economy, Trade and Industry Patrice Minors was consulted over the dispute and announced on April 23 that she intended to refer the matter to arbitration. Arbitration is a process by which an independent third party makes a ruling, which is binding upon both parties.Mr Furbert said yesterday: “KFC, for reasons which this union can only think are designed to allow it to escape its lawful obligations under the Trade Union Act 1965 to negotiate with the BIU for the purposes of collective bargaining, has refused to comply with the Minister’s referral to arbitration.“We understand that KFC has chosen to challenge the decision of the Minister to refer the matter between it and the BIU to arbitration by way of a judicial review in the Supreme Court. KFC has previously stated that it is willing to work with the BIU in order to settle the dispute between them regarding the collective bargaining rights of KFC workers.“There has been no explanation from KFC to the BIU or its members for this change of heart with regard to their previous public and private statements indicating their intention to resolve this matter in good faith.”Invited to respond to Mr Furbert’s statement, Mr Benevides said: “KFC entered negotiations with the BIU in good faith more than one year ago. KFC continued negotiations in good faith until such time as the BIU unilaterally decided in March 2012 to walk away from the negotiating table. KFC was and still is willing to discuss matters of mutual interest with the BIU.”He went on to say: “A referral of any matter to arbitration by the Minister of Economy, Trade and Industry would require her to take certain actions in accordance with a statutorily prescribed procedure. To KFC’s knowledge, no referral of any matter between KFC and the BIU has been referred to arbitration to date.“That notwithstanding, it remains KFC’s view that it is not within the Minister’s legal authority to refer to arbitration any matter related to the termination of a collective agreement in accordance with such agreement’s provisions.“KFC has not, and cannot, make any decision to seek judicial review of an action which the Minister appears not to have taken.”Mr Benevides also stated: “KFC has had no ‘change of heart’ with respect to the collective bargaining rights of its employees nor its willingness and desire to continue discussions with the BIU to reach mutually acceptable terms for a new collective agreement.“KFC stands firmly behind its past public and private statements that it remains willing to continue discussions with the BIU when the BIU is ready to return to the negotiating table. It is BIU president Mr Furbert, not KFC, who is on record as being unwilling to negotiate at this time.”Mr Furbert declined to comment on what move the BIU might make next in the dispute, saying that would be discussed at a meeting of all members at 10.30am today. The union has been advocating a boycott of KFC’s restaurant on Queen Street, Hamilton, since April 12. Mr Furbert said that will “most definitely” continue until the issue is resolved.In response to queries regarding the matter the Economy Minister Patrice Minors said: “I am intent on referring the matter to arbitration. I’m also confirming that I have not received any confirmation from KFC to refer the matter to judicial review.”And when told that both the Minister and KFC had indicated that the company has not yet initiated judicial review proceedings, Mr Furbert said that he had received that information from the Department of Labour.