The lead negotiator for the Bermuda Police Association last night accused Government of "tampering" with the legal process in calling for a judicial review of the union's binding Arbitration Award.

Inspector Darrin Simons said: "We want the public and Government to know that we are not happy with this type of treatment.

"We have received an Award and now it's being sent through another legal context, to judicial review. Why haven't Government sent it back to our tribunal? Why? Because they don't want to, it's not working for them. At what point does this stop?

"There was a number of options available to Government and they have chosen this one. However, the Minister (Senator David Burch) today chose a different option for dealing with the BPSU, and I wonder why?

"The BPSU can call a general strike and it has 6,000 members. We can't (call a general strike), and we only have 425 BPA members.

Insp. Simons said: "An important issue lost in this is the broader implications that Government are fundamentally tampering with the process which has governed labour relations in this country for decades. We have a process, and binding arbitration is the last step.

"We abide by those rules but Government lost and they're not happy, and now they are doing what they can to seek a fundamental change on that. If we had won or lost we would have accepted this as binding, but Government has played by a different intent. If we can't rely on arbitration to deliver an Award which is binding, what faith can you place in that process? This is causing us a great deal of concern."

More than 250 BPA members attended an emergency meeting yesterday to discuss Government's move to seek a judicial review of the Permanent Police Tribunal's binding Arbitration Award. Insp. Simons said: "There was some clear evidence of solidarity and support about the issues, and we have resolved to deal with them as best we can."

However, he said there is little action the BPA can take ahead of the judicial review, and that it will cost the union money "an awful lot of money to defend our just reward".

"This is not fair and does not value the relationship between Government and the Police, and that we have been without contract since 2005," said Insp. Simons. "We will however, continue to influence Government to abide by the Arbitration Award."

Government yesterday agreed to an interim pay rise for Police officers ahead of the judicial review. The salary adjustments date back to October 2005 and are: 4.5 percent for 2005-6, 4 percent 2006-7, and 4.25 percent 2007-8.

The BPA had called for a pay rise of 7 percent for the three years, while the Permanent Police Tribunal had also called for a 7 percent rise in the event of Government rejecting their recommended housing subsidy for Bermudian officers. The Tribunal wanted Government to contribute $1,000 a month and individual officers $500 towards a savings plan, to encourage more Bermudians to join the Force. In the Arbitration Award, the Tribunal said: "The implementation of the 7 percent and housing subsidy would take place within two months of the date hereof should the parties find that it is not possible to implement the award with respect to housing."

A legal source last night described Government's rejection of the findings of a binding Arbitration Award as "unprecedented". The source said that under section 29 (G) of the Police Act 1974, any arbitration award by the Permanent Police Tribunal "is binding on the parties". However, Minister of Labour, Home Affairs and Housing, Senator David Burch described the Tribunal's Award as "convoluted" and said it "exceeded their terms of reference".

Senator Burch said: "In recent days, there have been two very high profile union disputes which have made their way into the public domain. As such I am compelled to address public statements centering on the two recent Arbitration Awards – the Bermuda Public Services Union (BPSU) and the Bermuda Police Association (BPA).

"In both of these cases when submitting the awards to the parties I warned that certain aspects of the awards were ultra vires and outside of the remit of the Tribunal.

"In the case of the BPA – the Permanent Police Tribunal delivered a convoluted award that also exceeded their terms of reference and as such, the parties were advised that Government could not accept the award in its entirety as presented.

"As a result, discussions between counsel for both sides were initiated to agree aspects of the award that both sides could live with, and today I am pleased to advise that the Government has agreed to implement the salary adjustments as awarded by the Tribunal.

"This means that BPA members can expect to see, as outlined in the agreement 4.5 percent, 4.0 percent and 4.25 percent increases respectively for the three years under review. We anticipate that this will take effect immediately."

Explaining why Government was seeking a judicial review of the Arbitration Award, Senator Burch told The Royal Gazette: "They have awarded a housing allowance but housing is outside of the terms of reference, and they also attached certain conditions to the percentage of wage increases."

Regarding requests for a housing subsidy, when Senator Burch was asked to comment on the Tribunal's report that there were some areas in Bermuda considered unsafe for a Police officer to reside, the Minister said: "I am the Minister responsible for housing, and I have the concern for the Police and for all housing in this country."

Meanwhile Government has called on the Tribunal for the Bermuda Public Services Union (BPSU) Arbitration Award to "reconsider the Award in relation of those aspects of the Award which fall outside of the terms of reference and would appear to have legal ramifications".

The Minister said the Tribunal had also "exceeded its terms of reference" according to the Labour Relations Act 1975. The BPSU Arbitration Award was also "contrary to the Public Service Superannuation Act, 1981". Senator Burch said: "While both of these awards (BPSU and BPA) are binding they must be within the law in order to be legitimate. There are two fundamental principles that relate to arbitration: an award must not exceed the terms of reference; and it must be within existing law.

"As such, the Ministry is duty bound to challenge those aspects of the award that fall outside the terms of reference or are illegal. The only recourse available to Government is the judicial review process. In the meantime, we will continue to work with all parties to satisfactorily conclude these negotiations."