Dunch warns Union Chief: `Leave law to the lawyers'
ruling.
That was the opinion yesterday of leading labour lawyer Mr. Alan Dunch.
And he had a stark response to BIU leader Mr. Ottiwell Simmons' claim it was illegal for bosses to boot out the union.
"Mr. Simmons would be well advised to leave matters of law to lawyers,'' he said.
"He is the head of a union and he should stick to that.'' On Monday, the Trades Disputes Tribunal reinstated the Bermuda Industrial Union at Grotto Bay.
It also reintroduced mandatory tipping at the hotel, which has been wracked by industrial strife this summer.
Mr. Simmons said the decision would have far-reaching effects on other businesses which have kicked out the union.
These included Palm Reef, Pink Beach, Mermaid Beach Club and Bermuda Bakery.
The BIU president said it would be costly for these businesses to continue turning their backs on the union.
And he added it was illegal for employers not to check off union dues and "decertify'' the BIU.
Labour Minister the Hon. Irving Pearman, however, has insisted the Grotto Bay ruling has no bearing on other employers.
"The way I understand the law is that the terms and conditions put before the tribunal were specific to Grotto Bay,'' he said.
Mr. Pearman's stance mirrors that of Mr. Dunch, who has taken a "preliminary'' look at the ruling.
Mr. Dunch represented Grotto Bay in two of three hearings into the dispute.
The Essential Industries Disputes Settlement Board sat for the first two hearings, at which Mr. Dunch was present.
Contrary decisions were reached by the board over whether a collective bargaining agreement existed at the hotel.
The latest decision came after the creation of a new tribunal under The Trade Disputes Act 1992.
The board's findings are legally enforceable.
Yesterday Mr. Dunch said: "I have studied the decision only on a preliminary basis.
"What I have read thus far it is clear the ruling is quite fact specific to Grotto Bay.
"I don't regard it as being a precedent for any other labour dispute current, pending, or which might arise in future.
"I think I ought to reserve comment on what my views of the decision are because the parties may take further action.'' Mr. Dunch added: "If the BIU thinks this decision somehow mandates that hotel employers collectively or as individuals must give recognition to the union it has misconstrued the decision.'' MR. ALAN DUNCH -- union has `misconstrued' the board's decision on Grotto Bay dispute.
