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City staff to sue Corporation over union rights

City Hall: Dispute over union rights

High-ranking City of Hamilton staff are headed to court to challenge the Corporation, and the Attorney General, over union recognition, The Royal Gazette understands.The law suit, which stands to put constitutional rights against trade union legislation, is being brought by administrative staff seeking to join the union bargaining unit, according to lawyer Saul Froomkin.A June 4 writ lists City Secretary Ed Benevides, Ports Superintendent Earl Francis, executive assistant to the mayor Zoe Mullholland, and human resources manager, Lindell Foster, as complainants.The matter is in connection with the Bermuda Constitution Order.“It’s the question as to whether or not management of the Corporation are entitled to form part of the bargaining unit of the unit,” Mr Froomkin said.An individual’s right to join unions is affirmed under the Bermuda Constitution, he added — but stipulations within the Trade Union Act put management in a position he described as “you can become a member of the unit, but you can’t become part of the bargaining unit.”“That means that managers’ bargaining unit will consist of people they supervise,” Mr Froomkin added.The case has significant implications for both constitutional and trade union law, he said.A court date has yet to be set as both sides will seek direction in Chambers first.In response to a query from The Royal Gazette, Hamilton Mayor Graeme Outerbridge declined to comment, saying: “Given that this matter is currently before the courts, it would be inappropriate to comment at this time.”