'This impugns on the whole process'
Trade unions united in solidarity yesterday to express anger at Government's rejection of two binding Arbitration Awards.
In an extraordinary meeting, representatives of several unions under the Bermuda Trade Union Congress (BTUC) issued a joint statement declaring that Government was attempting to "make a mockery of the process".
They said: "It is the BTUC's assertion that this may prove to be a sign of worsening industrial relations and may have damaged any faith in future arbitrations with the Bermuda Government."
The unions also raised the prospect of strike action. Up to 3,600 Bermuda Public Services Union (BPSU) members are to meet this morning in response to Government's rejection of part of their Award. Armell Thomas, BPSU President, said yesterday: "We have a membership meeting in the morning, and they will decide on the speed and process to take.
"I can't say for sure whether they are ready for strike action - we can't tell that until tomorrow, but they are very upset.
"The Government has its own begging bowl, so now it's up to the unions to pick up their begging bowl as well. Right now we are really frustrated, really frustrated. We can't go on like this - it has to stop."
Asked whether he felt Government's announcement on the BPSU and Bermuda Police Association (BPA) Awards betrayed the spirit of the Progressive Labour Party, Mr. Thomas said: "I can't answer for what Senator (David) Burch has said but what I can say is that, for a labour Government - the make-up of which, we are talking about unions, I feel pretty sad about this situation.
"I don't see Socialism, anything of that happening, so I'm very, very disgruntled and disappointed that those words came out of his mouth."
Mr. Thomas added: "I don't think the PLP realised how conservative they would be when they took the mantle of Government."
The unions said they feared Government's rejection of the BPSU and BPA Arbitration Awards could now set a precedent for future labour negotiations. On Tuesday, Minister of Labour Senator Burch said both "exceeded their terms of reference".
Government is to seek a judicial review of the BPA Award following the Permanent Police Tribunal's ruling on a housing subsidy for Bermudian officers. It is also calling on the BPSU's Tribunal to "reconsider" a refund of the one percent increase in employees' pensions payments from April 2008-09.
Senator Burch said this was contrary to the Public Service Superannuation Act, 1981.
Among those present at the TUC meeting yesterday were: Craig Clarke, chairman of the Bermuda Prison Officers Association; Shine Hayward of the Bermuda Federation of Musicians and Variety Artists; Mike Charles, TUC and Bermuda Union of Teachers general secretary; Keisha Douglas, BUT president; Ed Ball Jr, BPSU general secretary; and Anthony Wolffe, TUC president.
Asked about the possibility of strike action, Mr. Wolffe said: "The members will have to decide that. Individually the affiliates have had discussions with their own members and if necessary, we will bring the entire members together to discuss this further."
But he added: "We believe at this point, this is kind of the straw that seems to be breaking the camel's back.
"We must also recognise there are members of the BTUC (the BUT and Prison Officers Association) who are in negotiations right now, and are about to go into arbitration meetings, so members are quite concerned about the arbitration process and whether it will continue to be binding on both parties."
Mr. Clarke described Government's rejection of the two Awards as "grossly unfair".
"It is ridiculous. This is something the working people of this country cannot take lightly, because this impugns on the whole process," he said.
The BTUC statement said: "The Bermuda Trade Union Congress, representing seven of Bermuda's registered trade unions, are dismayed at the recent attempts by the Bermuda Government and some senior civil servants, to undermine the legitimacy of Bermuda's trade unions and to make a mockery of the process of binding arbitration.
"The BPSU and BPA are in possession of binding awards from their respective arbitrations, which in our opinion were fair and binding on all parties.
"Hence both unions' and the Government's terms of reference were laid before their respective arbitration Tribunals, where both union and respective Civil Service arbitration teams argued their positions.
"At no time during the arbitration process did any of the Government teams deny that either union was asking their respective arbitration panels to review Government absorbing the employees' recent contribution increases to the Superannuation Act 1981.
"It is laughable to think that any arbitrator, with legal training or proficient in other competencies, would deliberately breach the spirit of any Bermuda Statute by making a binding award and/or acting outside the terms of reference.
"More importantly, that an arbitrator would make a frivolous binding arbitration award, that impugns the reputation and integrity of said arbitrator.
"We note, that this is the first time in the history of Bermuda's industrial relations, that a precedent (two unions' arbitration awards not being binding on the unions and the Bermuda Government) may be established, whereby either party to arbitration may wish to contest certain aspects of an award and ask that Tribunal, to reconsider its arbitrated award.
"However, we note that the Minister of Labour, Lt. Col. Burch was quick to 'cherry pick' parts of the award that were favourable to Government and enact it; but disregard those matters that Government disagreed with.
"It is the BTUC's assertion that this may prove to be a sign of worsening industrial relations and may have damaged any faith in future arbitrations with the Bermuda Government."
BPSU general secretary Mr. Ball told The Royal Gazette: "It is my understanding that the arbitrators on both sides (in the BPSU Tribunal) knew what the terms of reference were.
"Two of the arbitrators were distinguished lawyers, and so for the Minister to say the Award was outside of 'terms of reference', we can't believe the lawyers would have breached their integrity, because they would have read the Act (Labour Relations Act 1975) first.
"We are talking about people's reputations here, and the only way we will know if the arbitrators were outside of their terms of reference is through the courts."
Senator Burch was unavailable for comment last night. However, on Tuesday he said: "The Ministry is duty bound to challenge those aspects of the award that fall outside the terms of reference or are illegal (according to the Labour Relations Act 1975).
"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."