MPs approve labour law
was revealed this morning.
The legislation -- which will allow workplace ballots on union certification and decertification, but which excludes middle management -- passed its third reading in the House of Assembly around 1 a.m.
But Hamilton East MP and Bermuda Industrial Union president Derrick Burgess said: "This is not the end of it.'' He said the unions in Bermuda were in contact with the UK Government, which has signed international trade union agreements, and the International Labour Organisation to see if the Trade Union Amendment Act was unlawful.
"Legal action is a possibility -- we'll have to see what comes out of the ILO and the UK Government,'' he said.
But Home Affairs Minister Quinton Edness -- who piloted the bill through the House -- said he was unfazed by the prospect of a court battle.
"As a matter of fact, that's the place to settle it,'' he said. "There was a legal challenge in the Supreme Court of Canada and the court upheld the position there is no right that management staff should be covered for bargaining purposes by a union. It's my information that a court action would be lost -- but if it's where they would like to settle it, it's fine by me.'' Argument over the bill took up much of yesterday's House time, with the legislation passing with the support of 19 United Bermuda Party MPs to 16 from the Opposition.
And Works Minister C.V. (Jim) Woolridge -- suffering from severe back pain -- limped into the House minutes before the vote to back the Government.
Two amendments to the bill -- one to drop the clause excluding management personnel and another to kill a section allowing non-union members to take part in a decertification process -- were defeated after roll call votes.
Mr. Edness said: "The confusion of freedom of association, which is protected in the conventions, and in fact, the right to collective bargaining, is what has caused a great deal of misunderstanding.'' He stressed freedom of association and the right to join a trade union were protected under the Constitution.
"When it comes to collective bargaining, there is no absolute right given,'' he said.
And he slammed the PLP for concentrating on a single aspect of the Act -- but ignoring the benefits. He added that a change in the law to include middle management could be discussed in the future.
Mr. Edness said: "The Act was brought forward to give protection to some 25,000 unrepresented employees in this Country. I would have thought the BIU president and the PLP would have supported that and accepted the Government's position that further discussion has to take place.'' UNIONS UNS