BIU warned: strike would be illegal
warning that a strike in support of sacked Bermuda Forwarders employees would be illegal.
Mr. Simmons, leader of the Bermuda Industrial Union, has called on transport workers to strike on June 22 if 15 employees of the trucking company are not re-instated.
He says union members at the airport and docks will refuse to handle all cargo and services which appear to be connected with Bermuda Forwarders.
But yesterday Labour Minister the Hon. Irving Pearman warned: "If they were to act it would be in contravention of the law.'' He said he could not accept the 21-day notice of the action given by the BIU on Monday. This was because there was no dispute at Stevedoring Services or Aircraft Services of Bermuda, the two firms who would be directly hit by the planned strike.
The strike would be secondary action, said Mr. Pearman -- against the 1975 Labour Relations Act banning workers from taking action in support of a dispute in another trade or industry.
"I am not of the view that the BIU is about to break any laws,'' he said. But Mr. Simmons stood by the strike plan. "As far as the union goes it's quite legitimate and quite legal, and the decision will stand.
"We will go ahead after 21 days. That's the position at the moment, unless the minister has more reasons and more authoritative backing.
"He may be right, but I find some difficulty in agreeing with him at this point. Perhaps a more authoritative voice may have to speak, such as the Attorney General.'' Five months ago a Board of Inquiry ruled Bermuda Forwarders should re-hire 15 workers who had been sacked following a walk-out last September. The 15 had been protesting at the firing of fellow worker Mr. Lynn Darrell, a trucker.
Bermuda Forwarders have said they will ignore the ruling.
Mr. Simmons added: "We didn't hear that it was illegal for Bermuda Forwarders to do what they did when a legally-constituted board ruled these men should be re-employed.
"I think people are treating the Government's decisions with suspicion when they apply to workers. That's the problem. The Government are going to lead this country to further and greater problems.'' Mr. Pearman said Labour Relations Officer Mr. Gladstone (Tab) Bassett had been pressing the issue of the board's ruling. "He has been communicating with the parties involved regarding the issue that the board said should be resolved.
But we can't mandate it to be resolved.'' Neither Mr. Pearman nor Mr. Simmons would comment on what punishment the union would risk if it broke the law.
Asked if the BIU had taken legal advice, Mr. Simmons said: "Don't you worry if we have or not. We will be encouraging other people in the industry to take action.''
