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Strikers refuse to back down

despite a Government offer to change the law to guarantee employee ballots on unionisation.Premier David Saul said in the House of Assembly last night that the new bill could be tabled as early as a week tomorrow.

despite a Government offer to change the law to guarantee employee ballots on unionisation.

Premier David Saul said in the House of Assembly last night that the new bill could be tabled as early as a week tomorrow.

The olive branch came after around a thousand angry Bermuda Industrial Union members descended on the House of Assembly in a massive show of strength.

Now bus and ferry travel, as well as garbage collection, will be disrupted for the third day in a row.

Union president Derrick Burgess said last night said there would be no return to work without a workplace ballot for the 22 affected employees of Hamilton Val Cleaners and Paget Dry Cleaners.

Mr. Burgess was speaking after a stormy meeting at the BIU's Hamilton headquarters last night, which lasted more than two hours.

He said afterwards: "We haven't discussed the proposed amendment -- that is down the road a little bit. What we discussed was the immediate problem.

"The members want a ballot for the workers at these cleaners -- if a ballot on union representation was held and we win, we win. If we lose, we lose and we will accept that.'' And he accused businessman Stephen Thomson, who took over the two drycleaning shops, of "holding the Country to ransom.'' Mr. Burgess called on Mr. Thomson to allow a workplace ballot at the two shops -- which would trigger an immediate return to work by BIU members.

He said: "The amendment to the law, that's afterwards. It's a step in the right direction, given the attitudes of some employers.'' Mr. Burgess added union members will meet again this morning -- and did not rule out further demonstrations.

He said: "I really couldn't say about that -- it's in the hands of the workers.'' Yesterday, marchers brought traffic chaos to Hamilton and staged pickets outside Mr. Thomson's businesses, which also include launderers Just Shirts and Mailboxes Unlimited.

The new deal on union rights was broken by Premier David Saul and Labour and Home Affairs Minister Quinton Edness at the Cabinet Office last night.

Mr. Edness admitted last night that he was disappointed that workers would not return to work today. And he appealed to Mr. Thomson to end the crisis and allow a ballot.

Thomson should `agree to a ballot' Mr. Edness said: "He should agree to a ballot and help the Country. I was hoping that since Government has made a commitment for legislation, where this is going to happen anyway, that the union would agree to go back to work to save any further damage which might be done to Bermuda.

"I also hoped that Mr. Thomson would recognise this and agree to a ballot which would justify the BIU members going back to work.'' Mr. Thomson could not be contacted for comment last night -- but his lawyer Richard Hector confirmed the businessman was still considering a letter from the BIU asking for a ballot.

Mr. Hector added that two of the 22 workers in the two shops -- all of whom are on 90 days probation -- had been suspended after walking out on Tuesday and joining a BIU picket line outside Hamilton Val Cleaners.

Dr. Saul said at the Cabinet Office press conference that there was already a model clause drawn up by the International Labour Organisation -- of which Bermuda is a signatory member -- on workplace union ballots.

The model legislation allows for ballots, certification if the workplace vote is in favour and decertification if a majority of workers want to become non-unionised.

Now that legislation has been sent to the Attorney General's Chambers for adaptation.

After that, it will be put out for discussion among trades unions and employers. Dr. Saul said that new legislation on the issue was "probably long overdue.'' He added: "I accept that -- but we are trying to do what is right.'' And he said: "I, as Premier, empathise with these workers who feel, when years go by and there is nothing to close that gap, and wonder `what can we do to close that gap?' -- so they march.'' Dr. Saul explained that the Constitution guaranteed workers a "inalienable right'' to assemble and organise.

He said that three-way meetings had been taking place to discuss the issue of union rights for more than two years.

"It would appear fair and reasonable for a group of workers to have the right to join a union -- but there is no legislation above and beyond the constitution which makes that possible.

"It used to be custom and practice -- we now, having been apprised of what the problems are, think there is an answer to this dilemma.'' A host of unionised workers walked off the job on Tuesday after the row over union recognition erupted at Hamilton docks and spread to other union divisions.

Dockworkers employed by Stevedoring Services Ltd. refused to handle containers destined for Dunkley's Dairy, claiming the firm was linked to Mr. Thomson.

BIU members from several Government departments joined in, as well as Telco workers, Holmes, Williams and Purvey employees and some hotel employees.

In the case of the dock workers and hotel workers, the action was condemned by Government as illegal because they are essential industries and services which require notice of industrial action.

But Dunkley's won an injunction ordering the firm to release the cargo -- sparking a walkout by dockworkers.

The Royal Gazette , however, understands that Mr. Thomson has never had an interest in the dairy firm. But dairy chief Steve Dunkley has a small, personal shareholding in Mr. Thomson's organisation.

But the dispute began after Mr. Thomson took over the two shops. He said he had bought out the premises and equipment, not the existing businesses and the 22 workers employed by the previous owner had been laid off prior to his assuming control.

Mr. Thomson said that he re-employed all the workers previously employed by the firm, despite having 82 other applications for work, under the non-union terms and conditions of his business and that all had accepted.

And he said the two shops were legally different companies and that a collective agreement said to be in force had never been signed.

Mr. Thomson added that only eight of the 22 had been union members when he employed them and they had been told they were entitled to remain so.

Last night Shadow Home Affairs Minister Alex Scott said union workers had no alternative but to take action.

He added: "It was a red flag in the face of the union bull and it had to come to a head.'' Mr. Scott also accused Government of not acting quickly enough to ensure workers' rights of association.

He said: "The Minister may as well as been the one who called the strike because he has seen this coming as far back as when the small hotel properties refused to sign the hotel's collective bargaining agreement.

"But the moment the action took place, the Minister was quick to say it was illegal and ends up blaming the victim.''