The following is a letter dated November 20, 2015, in response to Lily Eskelsen García, the president of the National Education Association (United States) and vice-president of the North American and Caribbean arm of Education International.

Dear Ms García,

I write in response to your letter of November 17, 2015 regarding the legal action between the Bermuda Government and the affiliate members of the Bermuda Trade Union Congress, which includes the Bermuda Union of Teachers, your affiliate.

It is incorrect to suggest that the Government ignored discussions between the unions and Government regarding budgetary solutions.

The Government entered those discussions in good faith, discussed options with the unions and implemented those that were possible, including a hiring freeze and early retirement programmes.

I can confirm that the Government of Bermuda is committed to upholding its obligations under ILO [International Labour Organisation] conventions 87 and 98 regarding the rights of workers to freedom of association and collective bargaining. Our actions serve this end, and we simply wish for the unions to do likewise.

You will no doubt also be aware that the ILO principles on the right to strike, derived from ILO conventions 87 and 98, et al, provide the prerequisites for prior notice, quorum, secret ballot, provision for the maintenance of essential service, among others, for the purposes of engaging in industrial action. These prerequisites were not respected by the BUT and other public sector unions in taking irregular industrial action in January 2015. I further trust you would agree with the importance of conforming to Article 8 of Convention 87 which requires workers and organisations to respect the law of the land.

The Government has invited the unions to continue discussions with us in an effort to resolve the matter prior to resorting to the courts. Unfortunately, the unions have not demonstrated an interest in doing so.

We remain open to discussions, under the belief that mutual discussions between the parties are the most effective means to resolve issues.

Should you wish to discuss these matters directly, I would be more than happy to arrange for a convenient time for a telephone conversation.

Sincerely,

MICHAEL DUNKLEY

Premier and Minister of National Security