Labour law passes
Trade Union Amendment Act, which forces employers to allow workplace ballots on trade union certification and decertification -- but rules out middle management joining in. The bill was passed after a marathon debate which ended after 1 a.m. on Saturday morning.
Premier Pamela Gordon said that forcing employers to allow middle management to be represented by unions could result in a flight of firms from the Island.
"I understand one thing,'' she said. "We should not be here and say all the things the workers want to hear if, at the end of the day, all the money has lifted and left this Country.
"Sometimes it takes a little bit of tenacity to stand up here and say what needs to be said.'' Renee Webb (PLP) accused the UBP of "constantly looking out for the white establishment''.
"I believe the foreign worker has a place -- but not at the expense of the Bermudian.'' She added that Bermuda was "built on the backs of labour when labour wasn't even paid for'' and later when black people were paid "a pittance.'' And she said Bermuda had responsibilities under binding agreements signed by the UK.
She urged Home Affairs Minister Quinton Edness to look again at the proposed legislation -- "otherwise it might come back to haunt us''.
Paula Cox (PLP) quoted the Constitution's right of freedom of assembly -- particularly the right to form trade unions.
She said: "Let's not be wordsmiths up here, let's not play games -- a vitally important part of that right is the right to collective bargaining.'' Ms Cox likened the situation to a married man's right to sexual relations. But she said castration "would certainly limit his options''.
She said Bermudians were increasingly seeking remedies through human rights laws because "they feel they are kept out, harassed and persecuted''.
Ms Cox added: "It's not just the right to join, it's the rights that go with it -- a basket of rights.
"They need that solidarity, they need that sense of community. They need to know there is someone there who can be their advocate.'' Youth and Sport Minister Tim Smith said Government's legislation followed the example of other countries such as Britain, US and Canada, and thus was considered to be safe.
"I believe it is good legislation that is good for employees and good for employers,''he said. "They also want free and fair arrangements with their staff.'' "This will increase Bermuda's economic performance. The key element of economic growth is the climate of industrial relations.'' But Walter Lister (PLP) had harsh words for Premier Pamela Gordon, who he said did nothing for the Island's reputation by stating that there were seven hotels for sale.
"The hotel industry is one of the prime earners in this Country, it sends a terrible message to those investors who want to come to this Country,'' he said.
Shadow Transport Minister Dennis Lister said other countries had made provision to allow management and workers to join the same union, so Bermuda wouldn't be doing something unprecedented.
"It sounds as though once you belong to middle management, your needs no longer exist.'' He said the legislation failed to recognise management as a group for collective bargaining with that union.
Lois Browne-Evans (PLP) said the bill symbolised a perpetual struggle between the haves and the have nots.
"The Government doesn't realise that the right of free association must be honoured,'' she said. "It seems that every time you think industrial relations have settled, you take your eye off and suddenly there is trouble.'' "Where does this take us if we are going to suppress the workers? How long are we going to go on treating the industry in this way?'' She said that decertification was being called democracy and had stopped people moving up the career ladder, when they were faced with a choice of losing their union membership or remaining static in their job.
Mr. Edness said the bill enabled workers to decertify when a majority wished to do so.
"I don't think you can get any more democratic than that,'' he said.
Mr. Edness added that 25,000 people -- who are not currently represented by a union -- on the island stood to benefit from the new legislation.
"It doesn't make sense to say that the Government is denying people's rights when we are the ones bringing the legislation forward,'' he said.
"It creates havoc in this country when people are being denied their rights of representation. That is why this Government has brought the legislation.'' But he admitted there were conflicts in allowing management to be represented by the same union as workers.
In committee, two motions brought by the Opposition -- one to drop the clause excluding management from representation and the other to kill a section allowing non-union members to take part in decertification votes -- were defeated after rolls call votes.
The bill then passed by a vote of 19 to 16.
