Senators pass Trade Union Act
Every worker in Bermuda is to have the right to join a trade union after new labour laws passed through Senate yesterday.
The Trade Union Amendment Act was forced through the Upper House despite objections from Opposition senators that middle managers were still not allowed to join unions.
Employers will now have to allow workplace ballots on trade union certification and decertification after the bill was passed unanimously.
But the Progressive Labour Party's Milton Scott asked for objections to be noted from the three Opposition senators before pledging his support to the new law.
He said: "I would like the record to show that the three PLP senators were opposed to the bill but didn't want to come back to debate this bill yet again.'' Fellow PLP Sen. Terry Lister had earlier argued unsuccessfully for amendments to the law which would allow the same union rights for non-management workers and middle managers.
He also claimed the bill should have stated how much notice an employer should give if he decided to close his business because workers voted for union rights.
But both amendments were voted down.
Sen. Lister had argued that even millionaire sports stars in America belonged to unions so their rights could be recognised.
He added: "We are now fixing a 30-year-old problem by saying workers will have the right under the law for collective bargaining and union representation.
"Why are we comfortable not doing it for middle managers?'' Senate President Alf Oughton said: "I don't think there should be any company that should have its middle managers wanting to join a union.
"If I was a manager, I would quit my job if I found that middle-management were so wary of me that they felt they couldn't discuss things with me.
"But I don't really have any objections to middle managers joining a trade union.
"I would only have objections if they joined the same union as the workforce.'' Government Sen. Yvette Swan , who introduced the bill, said Labour Minister Quinton Edness still had not ruled out all middle-managers joining unions.
She said: "When we speak of managers and supervisors joining unions, the Minister has already given his assurance that there will be on-going discussions with the Labour Advisory Council.'' Sen. Swan earlier claimed the new laws would revolutionise industrial relations.
"Traditionally industrial relations in Bermuda have been dependent on a voluntary system in which both parties agree to the accepted set of procedures, customs and practices,'' she said.
"This style has resulted in employees being denied certain rights and privileges which should be open to them.
"Although the voluntary approach continues to work well, Government believes that some employers may not be playing their part in ensuring harmony in the workplace. That area deals with recognition of trade unions.
"No individual is barred from joining a trade union. Missing though is a legal framework to guarantee the rights of workers under the law to chose a particular union to represent them for collective bargaining purposes and for that union to be recognised by the employer.
"The Trade Union Amendment Bill 1998 seeks to provide the legal mechanism for the recognition and derecognition of trade unions. If it is right for workers to choose a union to represent their interests it must be right for the same workers to terminate that arrangement and either choose another union or not be represented at all.'' But Sen. Milton Scott, for the PLP said, described the legislation as "draconian'' -- and doubted whether Mr. Edness wanted middle managers to have bargaining rights.
"It's possible that the Minister is not interested in having management workers enter into collective bargaining,'' he said, highlighting laws in the Caribbean which allow managers to join unions.
"While you can't be part of the main union you can form your own union and enter into collective bargaining for your own interests. This act doesn't do that,'' he said.
And Sen. Scott urged workers to protest against the legislation not by taking to the streets on strike but by voting for a change in Government at the next election.
