Every worker in a company must be given the right to vote to decertify a union, the Court of Appeal ruled yesterday as it rejected the Bermuda Industrial Union's appeal in the recognition row at BAS-Serco.

The union had argued that Acting Puisne Judge Phillip Storr was wrong to rule that an arbitration tribunal had exceeded its powers two years ago when it allowed staff at BAS-Serco to have two separate bargaining units - one for BIU members and the other for non-members.

The dispute sparked an Island-wide strike in February when BIU members walked out in support of six fellow union members who claimed the company ignored their demands for a fresh pay deal.

The BIU had said Mr. Justice Storr had acted outside his power in ruling the tribunal had been wrong, but the Appeals Court rejected this argument in a written judgment handed down yesterday, as well as rejecting claims the union did not represent non-union members.

BAS-Serco Ltd. lawyer Juliana Snelling explained the Appeals Court had ruled the union had breached the duty of good faith in the collective bargaining agreement by claiming to only represent members.

“The community of interests of workers has nothing to do with whether you are a member of a union or not,” said Mrs. Snelling.

The case had thrown up some fundamental findings, including the right of non-union members in a bargaining unit to participate in a ballot for decertification.

“It's highly important. We have the Trade Union Amendment Act of 1998 but have never had a decision on it,” she said.

“It clarifies some basic principles of trade union law that everyone can use in good faith.”

The Court of Appeal ordered the BIU to pay Serco's costs for the appeal within 30-days or appeal on the issue of costs.

BIU lawyer Delroy Duncan was off the Island yesterday while union president Derrick Burgess could not be reached for comment.

Bermuda Public Services Union general secretary Edward Ball said Bermuda's unions had supported the BIU's stance and had appealed to the International Labour Organisation.

Stressing he didn't wish to get into the BIU's business Mr. Ball said: “The BPSU takes the same stance as all the unions that decertification should only be done by members of the union.”

He said it was the same principle as only shareholders voting on company business and members only voting on the a club's affairs.

“It's ludicrous. I can't go to the Royal Yacht Club and tell them how to conduct their business if I am not a member.”

The dispute originated in 1996 when BIU members asked Serco's predecessor for union recognition, as the airport firefighting section had had recognition.

A ballot was held and staff voted 12 to six to have the BIU represent them. The BIU was then recognised as representing staff in negotiations.

But in January, 2001, eight members of the fire department told the Labour Relations Officer that the “vast majority” of staff no longer wished to be represented by the BIU.

Serco then informed the Labour Relations Officer of the names of the 13 members who made up the bargaining unit.

The BIU then discovered that seven of those named as wanting to decertify the BIU were non-union members. The union argued that since the non-members were not affected or represented by the union, they could not take part in a ballot to cancel recognition.

In March, 2001, the tribunal effectively ruled that two bargaining units could be set up and the company then sought to get the courts to rule that the decision was “in excess of jurisdiction, wrong in law and irrational”.

The BIU sought a definition of “bargaining unit”. And five BIU members at the airport firefighting section issued another summons to discover if the definition of bargaining unit contravened the Constitution by allowing non-union members to hinder the freedom of union members to belong to and be represented by a union.