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Employers try to stop new Act: Cox says fears managers will flock to unions

Employers are up in arms over plans to allow management workers to join the same union as the rank-and-file.

And now the Employers Council is to make a last-ditch bid to delay the debate on the Act -- scheduled for tomorrow -- for further consultation.

But last night Employers Council executive director Malcolm Dixon was staying tight-lipped over members response to the new bill.

He said: "We have serious concerns. There has been no consultation on the amendment -- we only got a copy of the Act last week.

"At the moment, our executive is studying the implications of it. We will have further meetings so we can put our views forward to the Minister.'' Mr. Dixon spoke out after Government said it wanted white-collar workers to get the right to join the same unions as rank-and-file workers.

But last night Labour and Home Affairs Minister Paula Cox moved to quell fears among those represented by the Bermuda Employers' Council.

She said: "I think they do have some concerns in the sense that they don't necessarily agree with this.

"I have talked about this with the Employers Council and have been up front with them.

"I have registered their concerns but the amendment Act is going to be debated, and hopefully passed.'' Ms Cox spoke after a rewrite of the law passed last year under the former Government which guaranteed the right to union certification and decertification -- but only up to management level.

The amendment Act is likely to be debated and passed at tomorrow's House of Assembly session.

Shadow Tourism Minister David Dodwell attacked the act as "asking the fox to guard the henhouse''.

He said the act could lead to catastrophic situations. "The Country could grind to a halt. If there's a strike on the dock the management steps in and runs things -- but if they were unionised they would be told to go out in sympathy.

"Our major trading partners such as America and Canada don't allow this. This is a regressive not a progressive act and my party is very much opposed.'' He said managers would have a conflict of interest if they were members of trade unions.

Managers to join unions "Management handle confidential information and hire and fire people -- they don't belong in a trade union.'' He added: "There will be an even bigger conflict of interest if they are members of the same union.'' But Ms Cox added that the legislation drew a line between management and workers -- and insisted on separate bargaining for the two groups.

She said: "Otherwise, that could be a conflict of interest.

"Having the right doesn't necessarily mean there will be a deluge of people who want a collective bargaining unit.

"I don't see that there is anything wrong here or something which would cause any fear.

"And I don't think it will lead to hotels, for example, being crippled by industrial action.

"If anything it will militate against industrial strife. If you have good industrial relations and employer/employee relationships, it almost obviates the necessity to have a collective bargaining unit.'' Ms Cox added: "People are sometimes naysayers and full of doom and gloom -- that's certainly not the way I see it.

"I think we should try and break down divisions -- I would like to see people's concerns prove to be ill-founded.'' The original 1998 Act caused a storm of controversy by excluding management staff from the right to be recognised as a bargaining unit.

The constitutional right to union membership was not removed -- but managers who joined a union could not be collectively represented in matters like pay negotiations by the union they were members of.

The explanatory memorandum attached to the bill said: "The bill removes the restriction imposed by the Trade Union Amendment Act 1998 relating to the certification of bargaining units whereby bargaining units were required to consist exclusively of non-management persons.

"The definition of bargaining unit is amended to provide that it may comprise management persons or workers other than management persons, but not both.'' UNIONS UNS