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Employers, employees eye looming legislation

To hoteliers it was a case yesterday of waiting anxiously for the small print.To one union leader there was almost cause for popping a champagne cork.

To hoteliers it was a case yesterday of waiting anxiously for the small print.

To one union leader there was almost cause for popping a champagne cork. And for others the safest bet was to stay silent...at least until the end of behind-the-scenes talks.

Dust from the fallout of Government's move to ensure employee ballots on unionisation is taking time to settle.

Shadow Labour Minister Alex Scott, however, had no doubts Premier David Saul's announcement of looming legislation could have a disturbing echo at some workplaces. At least for management.

And he pointed to the Island's small hotels which refused to sign a collective bargaining agreement with the Bermuda Industrial Union.

"I think these hotels will have to come to the wicket now,'' he said.

They include Ariel Sands, Coral Beach, Horizons, Lantana, Newstead, Palmetto Bay, Pompano Beach, Reefs Beach Club, Rosedon Guest Cottages, St. George's Club, Stonington Beach Hotel, and Waterloo House.

Added to Mr. Scott's list are other properties -- such as Pink Beach Club -- which split from the BIU. "I think the recalcitrant employer and those who have been dragging their heels and thumbing their noses at the whole tradition of collective bargaining will now be required by law to recognise the right of association.'' He added: "I think Pink Beach is going to have to come to the wicket now that their employees realise they don't have to be at the whim of their employer.'' Mr. Scott said the refusal of small hotels to sign an agreement set the stage for recent industrial strife.

"Government has failed to carry out its responsibility for labour matters.'' He welcomed the move for union recognition, but stressed it should have been launched some time ago. The Bermuda Hotel Association kept their comments to a bare minimum yesterday.

BHA executive officer John Harvey did not believe the proposed legislation would have a bearing on the hotel industry.

But he added: "I would have to read the new bill first before making an assessment.'' Mr. Harvey went on to take a swipe at Mr. Scott.

"Mr. Alex Scott is seriously off base when he talks about the smaller hotels.

"They have nothing to do with the current issue. The small hotels have employees who are union members.'' Mr. Harvey pointed out small properties were sticking by the terms of a collective bargaining agreement with the BIU, despite refusing to sign it.

He said the hotels refused to sign because of clauses in the Labour Relations Amendment Act 1991, which bound them to a new collective agreement forever -- or until another contract was signed.

BHA president Dennis Tucker said: "The only thing I'm prepared to say is that the Hotel Association are very carefully monitoring and assessing the situation and we do not wish to make any other comment. It is difficult to comment on any type of legislation until we've had a chance to review it.'' Looming legislation Pink Beach managing director W. A. (Toppy) Cowen said he would be studying the Government move.

"I would have to have a closer look at what is proposed before saying anything.'' It was on Wednesday Dr. Saul offered his olive branch to BIU members to end industrial turmoil over Val Cleaners and Paget Dry Cleaners.

He said there was already a model clause drawn up by the International Labour Organisation -- of which Bermuda is a signatory member -- on workplace union ballots.

The model legislation -- sent to the Attorney General's Chambers for adaptation -- allowed for ballots, certification if the workplace vote was in favour and decertification if a majority of workers wanted to become non-unionised.

Dr. Saul said trades unions and employers would be consulted over the proposal.

General Secretary of the Bermuda Public Services Association, Eugene Blakeney, declared he was "truly encouraged'' by Dr. Saul's move.

He said changing Bermuda's labour laws would incorporate the spirit of the International Labour Organisation Conventions, which had been ratified by Bermuda for many years.

These conventions were: freedom of association and protection of the right to organise; and the right to organise and collective bargaining.

Mr. Blakeney said the BPSA believed under the Constitution of Bermuda, Section 10, a group of workers had the right to associate with an organisation of their choice.

And the union had also argued the spirit of the ILO Convention 87 and 98 should be married with the Constitution.

Mr. Blakeney also welcomed Labour Minister Quinton Edness's statement that employers should acknowledge workers' rights.

"To this end, the Code of Good Industrial Relations was drafted to take into consideration the spirit of ILO Conventions 87 and 98, and to ease industrial strife that workers are suffering in seeking recognition.

"A sub-committee of the Labour Advisory Council had made recommendations to the Minister for changes to the Act which would incorporate recognition by secret ballot.

"It was the unions' feeling that no workers should be forced to take strike action for recognition.'' He continued: "In particular, the BPSA is of the view that our tourism industry and international company business are too important for Bermuda's economic well-being to be continually threatened by industrial strife.'' Mr. Blakeney said the BPSA also recognised some employers in Bermuda, who did not have good relations with their employees, forced workers to seek union representation.

"In the spirit of good industrial relations, any recognised union will negotiate wages/salaries and working conditions that are mutually beneficial to the employer and the employees.

"Therefore, the Bermuda Public Services Association implores all of our Parliamentarians to support the Bermuda Government initiative for amendments which would enshrine the spirit of ILO Conventions 876 and 98 into the Bermuda Labour Laws.'' Mr. Blakeney said the BPSA hoped Stephen Thomson, owner of Hamilton Val Cleaners and Paget Dry Cleaners, would meet with the BIU to resolve the problem for the well-being of Bermuda.

Bermuda Employers' Council executive director Malcolm Dixon declined to comment yesterday.

The BEC's president Garry Madeiros, however, said his organisation appreciated Mr. Thomson had faced a difficult decision on a recognition ballot.

"However the Bermuda Employers' Council considers the taking of a ballot for only Paget Dry Cleaners and Hamilton Val Cleaners either separately or together is the correct course of action in the light of the extremely serious situation in which the country has been placed, and the position taken by Government to legislate recognition ballots in the very near future.''