Plans to kick long-serving Bermudians out of their overseas Tourism office are on hold after union officials took their fight against Government to court.

Bermuda Public Services Union has forced a block on Premier Ewart Brown’s proposal to replace up to 20 Bermudians with US firm Sales Focus by pointing to Government’s failure to hold consultation about the move.

It now emerges the Ministry of Tourism and Transport had been moving toward outsourcing at the New York office for up to five months but broke its contractual agreement by keeping the union in the dark until July.

The first some staff knew about it was when they saw their jobs advertised on the Internet days before Permanent Secretary Cherie Whitter formally told them of the Ministry’s plans.

A document received by The Royal Gazette shows Mrs. Whitter told employees it was the Premier’s right to craft such a policy direction and take it to Cabinet without indicating anything was in the pipeline because: “Unfortunately, that is the way Government works.

”Yesterday, the Ministry was served with an Order of the Supreme Court and is now prohibited from taking any further steps - including contracting out, outsourcing or privatisation of the New York office - as the union seeks a judicial review.

BPSU bosses have maintained from the beginning that Government’s failure to hold talks meant they were unable to explore alternatives to redundancies. Responding to these accusations earlier this month, Mrs. Whitter claimed a meeting took place with BPSU on July 4 at which it was made known that the New York office could be downsized.

However, a transcript of a meeting between Mrs. Whitter and staff shows the Ministry broke the agreement which states it is Government’s duty to hold meaningful dialogue with the union before outsourcing.

According to the transcript, from the meeting on Wednesday, July 9, Mrs. Whitter was asked by a staff member when the Request For Proposal process began. Mrs. Whitter replied: "I believe it was February/March."

The staff member responded: ”Since Feb/Mar, you knew it was a possibility, but it didn’t behove you to kind of give us a heads up so that we can plan our futures beyond the next five weeks?"

Mrs. Whitter said: ”That is correct. We were exploring several options during that period.

”The employee said: "If you knew the possibilities it would have gone a long way to fostering some sort of good deal."

Mrs. Whitter said: "During the Feb/March meeting where we met, I indicated the department would be undergoing significant restructuring. If I had said more than that at that time it would have been premature. At the end of the day, Cabinet reserves the right to make a decision.

”The Minister (Dr. Brown) reserves right first to craft a policy direction and that policy is taken to Cabinet and Cabinet makes the decision. It would have been inappropriate to indicate that something was going to happen or even might happen when we do not make that decision. Unfortunately, that is the way Government works."

She continued by saying of Sales Focus: "They were made aware that at any stage during that process, despite the fact that we had negotiated what we believed was a final agreement, that it was not approved and that it could not and would not be executed until Cabinet approved."

Another employee replied: "In all the steps, I think one step was forgotten. That step was discussion with the union."

Later in the meeting, Mrs. Whitter said: "We met with union on Friday. We shared the direction. Does that constitute full consultation? No. But we did meet and share the proposed direction that Cabinet would be taking."

She continued: "Was there full consultation? No. Absolutely not. Was it expressed in the meeting that this was off the record pending Cabinet decision? Absolutely. Okay.”

BPSU’s lawyer Richard Horseman told The Royal Gazette: "The union has not had the opportunity on behalf of members and employees overseas to say why this (outsourcing) should not be done."

Government should, as part of consultation, give reasons and allow the union and employees to comment on those reasons and show those reasons in a transparent manner. We don’t know the reason why the Government has chosen to do this.”

BPSU general secretary Ed Ball said in a statement last night: "No further steps should be taken in relation to the contract between Sales Focus, and if the contract has not been signed this order effectively restrains the execution of that contract, or any further implementation of it by the Ministry or the Government.

"No further steps should be taken to reorganise the New York office or terminate any contract of employment."

The Premier’s Press Secretary Glenn Jones said in a statement: "Needless to say, the Government will comply with the Order of the Court. In that regard, advice has been sought from the Attorney General’s Chambers."

Mr. Jones would not reveal whether a contract has been signed with Sales Focus, which was due to take over on August 1.What do you think?

E-mail tsmith@royalgazette.bm