BIU refuses to accept latest ruling
workers should not be compensated or reinstated.
BIU president Mr. Ottiwell Simmons MP said: "We will not accept the award.'' The Trade Dispute Tribunal -- findings of which are legally enforceable -- refused to hear evidence into the workers' case.
It stated it was bound by an earlier Supreme Court declaration that the men flouted contracts when they went on strike.
But Mr. Simmons said the Bermuda Industrial Union found this totally unacceptable. And he appealed for community support for the union's position.
Mr. Simmons said there could be no justice if the workers' case was not heard.
"Justice has not been done, not seen to be done, and not even hinted at.'' He has now written to Labour Minister the Hon. Irving Pearman, urging Government to act. He wants Government to appeal the tribunal's ruling on the workers.
The tribunal was set up last year after Bermuda was plunged into industrial turmoil.
It was asked to consider the firing of Bermuda Forwarders' chief shop steward Mr. Lynn Darrell for alleged insubordination.
And it also had to rule on the 15 workers who lost their jobs at the Pembroke trucking firm after staging a sympathy strike.
Prof. Ronald Haughton's Essential Industries Disputes Settlement Board had already considered the issues.
It ruled Mr. Darrell's dismissal was justified, but the 15 workers should be reinstated.
The board's findings, however, were not legally enforceable, and Bermuda Forwarders refused to comply.
This sparked strike action around the Island, forcing Government to form the new tribunal in a bid to impose a settlement.
The tribunal's just-released findings conflict starkly with Prof. Haughton's.
They are that the firing of Mr. Darrell was unjust, and that he should be compensated 10 weeks pay.
But it ruled it was bound by a Supreme Court declaration that management was entitled to accept the 15 had breached their contracts -- and effectively resigned -- when they struck without notice.
Yesterday Mr. Simmons said: "Quite frankly I am expecting the judgement will be appealed by the Minister of Labour. It is a humiliation for him.'' Mr. Simmons said Mr. Pearman had set up the tribunal under the Trade Disputes Act 1992 to get the matter resolved.
But it flouted the spirit of the legislation for the tribunal not to hear the case of the 15 men, added Mr. Simmons.
"As far as we are concerned these men have not received any justice whatsoever.'' Mr. Simmons said it was entirely wrong for the new legislation to be stymied by the legal technicality of the Supreme Court declaration.
"I hope the community will understand. We don't want to go through what we went through in 1992, when the country was disrupted.'' Mr. Simmons said he accepted the tribunal's ruling over Mr. Darrell.
But he added: "We also accepted Prof. Haughton's ruling on this, even though it was against us.'' Asked how the BIU would react if Government did not appeal, Mr. Simmons replied: "You can be assured these men must have their day in court.'' Yesterday one of the 15 workers, Mr. Earlston Jennings, voiced dismay at the tribunal's finding.
"I don't think it's right, but what can be done?''.
Mr. Jennings, of Hamilton, said he had not had a steady job since leaving Bermuda Forwarders. "I am managing to make ends meet doing this and that, such as grass cutting,'' he added.
Last night Mr. Pearman -- fresh back from a business trip to the Caribbean -- said he had not seen Mr. Simmons' letter. "Once I have read it I will be in a better position to make any comment.'' Mr. Pearman said although the tribunal's findings were legally enforceable, they were open to appeal through a "judicial review''.
