BIU assails labour practice code
into leaving trade unions.
The allegation was fired by Bermuda Industrial Union president Mr. Ottiwell Simmons.
He said a key part of the Labour Ministry's new "code of good industrial relations practice'' sought to create division in union ranks.
It attempted to pave the way for people to pull out of unions, or join other trade organisations.
"The BIU is very much against certain aspects of the code -- one of which relates to the derecognition of a trade union.'' Labour Minister the Hon. John Irving Pearman, however, defended the code, which was tabled in the House of Assembly last Friday.
He said it had been approved by the Labour Advisory Council (LAC), a body which set out to boost workplace relations and was made up of union, employer and Government representatives.
Support for the code also came from executive director of the Bermuda Employers' Council Mr. Malcolm Dixon.
"I think it is an excellent document,'' he declared.
Mr. Dixon explained the code -- which is not legally binding -- had been drafted by an LAC sub-committee.
The sub-committee's draft code was given the green light by the whole of the LAC, and the document was then handed to Mr. Pearman for approval.
The controversial portion of the booklet -- headed "derecognition of a trade union'' -- outlines steps workers should take if they want to leave a union, or join another one.
It states they should approach the Labour Relations Officer -- a troubleshooter in workplace disputes -- and ask for a secret ballot to decide the wishes of the majority.
"Upon the request, the employer shall furnish the Labour Relations Officer with a list of names of all those employees within the bargaining unit.
"After the votes have been cast and the ballot officially closed, the Labour Relations Officer will count the ballot slips and declare results.
"Should the common majority of the employees vote in favour of derecognition of the trade union, the trade union would then no longer represent the employees, and the collective agreement will become null and void.'' The code adds: "Like recognition of a trade union, the derecognition of a trade union is a voluntary process and the parties are not bound by any statutory or legal obligations.'' Mr. Simmons said the BIU had made its opposition to the derecognition of unions abundantly clear at the LAC meetings.
"We see it as an open invitation to union rivalry, and the poaching of union members by another organisation.
"It is an interference in the rights of people to be members of a union of their choice.
"We object because it is going to be very confusing to workers. We also see it as a tool for management to intimidate people into having their union decertified.'' This had happened at the Pink Beach Cottage Colony in Tucker's Town, where union representation was broken up, said Mr. Simmons.
Mr. Simmons said the BIU had supported the idea of reviewing the old industrial relations code.
But this new document smacked of a bid to create dissension within labour movement, he added.
It also amounted to an attempt to create so-called "house unions'' -- trade organisations which were controlled by employers.
Mr. Pearman, however, pointed out Mr. Simmons' views had been heard during the drafting of the code.
And the final document had been drawn up following LAC consensus, he stressed.
Mr. Dixon believed the booklet, which covered such subjects as rights in the workplace, wrongful dismissal, discrimination, terms and conditions of employment, lock-outs, strikes, picketing, and grievance procedures, set out good guidelines for businesses to follow.
He defended the fact the code had no legal status.
"The whole system of labour relations in Bermuda is worked out on a voluntary basis.''
