Aquarium staff sue Govt. -- Employees protest at being `rail-roaded' into BIU
By Tim Greenfield Bermuda Aquarium staff are angry at Government after claiming they were "rail-roaded'' into joining a union without being consulted.
Eighteen staff at the Flatts attraction have launched legal action against Government after being told they were to become part of the Bermuda Industrial Union -- and that weekly dues would be deducted from their wages.
The workers are upset that they were not allowed a ballot on the issue and have now instructed lawyers to seek a judicial review of the move.
And central to the summons, which names several parties in Government, is establishing who and where the instruction that they were now to be part of the BIU came from. Aquarium staff come under the Department of Agriculture and Fisheries, which itself is headed by the Ministry of Environment. However, staff are paid by the Accountant General.
Lawyer Trevor Moniz, acting for the staff, said the workers were happy but didn't like someone coming along and telling them that they had to do something differently.
"They were unhappy that they were being told what to do,'' he said. "My hope is that it was a simple misunderstanding.'' Mr. Moniz said he was hoping that the situation could be sorted out without resorting to a courtroom battle.
He said his clients had simply been told that they were now included in an agency agreement between the BIU and Government, but without having the benefit of a vote on the issue.
"They have been told they are included in that agreement, under the provisions of Trade Union Act and that agreement there is a certification process.
"Therefore, to be certified you have to have a ballot in the beginning to see whether or not they want to be represented by the union. If a majority want to be represented, the whole unit is represented by the union.
"Those people who want to opt out can have their union dues sent to charity.'' In addition, he said workers were further angered when they were told in a memo from Government that union dues of between $10 and $13 a week would be deducted from their wages at source.
He said discussions with the Minister of Environment during that time had come to nothing, finally jarring the workers into action.
At present Mr. Moniz has issued an originating summons for judicial review, to see whether an administration process has been administered in a "proper fashion''.
He said it was too early for any response from Government.
Aquarium curator Jack Ward said he could not comment on the situation and BIU president Derrick Burgess said he did not want to say anything at this time.
