The Bermuda Industrial Union began its submissions yesterday in a landmark legal case which may affect union rights across the island.

BAS-Serco is challenging a decision by a Government-appointed tribunal two years ago which ruled union members could form one bargaining unit and the non-union members another.

A majority of the workforce BAS-Serco's firefighting department, which now numbers 18, had opted out of the union in February, 2001. The issue sparked an island-wide strike last month.

Yesterday BIU lawyer Delroy Duncan began his submissions in front of Assistant Judge Philip Storr.

He said: "My friend indicated this case has significant ramifications for employers within this island."

But he said the judgment would have far greater ramifications for the workers.

Mr. Duncan said the Trade Union Amendment Act 1998 had not amended provisions in the Constitution which protect the fundamental right to freedom of association and assembly.

The Trade Union Act 1965 protects the workman's right to belong or not to belong to a trade union, said Mr. Duncan.

European law also held that the right to opt in or out of a trade union was not affected by whether an individual was in a majority or a minority.

He said the union could not represent those who were not in it because it would not be practical to get their views.

"It's just not workable," said Mr. Duncan.

Earlier, BAS-Serco lawyer Alan Dunch had argued the opposite, saying the Act talked about a situation where an employer encourages a workman to "join a trade union which the employer recognises as having negotiating rights in respect of him".

"This statutory language directly contradicts the union's position that it cannot have any negotiating rights over a worker who is not a member of the union. The subsection provides for this very situation, by permitting the employer to encourage his worker to become a member of a trade union which already has negotiating rights over that (non-union) member."

The case continues today.