Rough guide to island's current labour disputes

FRIDAY, AUGUST 26: Government plans to take another look at the island’s labour laws in the wake of a month of unrest.

Minister Kim Wilson confirmed this week that legislation governing how and when workers can strike is likely to be reviewed in preparation for the next legislative session.

Her comments came after a strike by bus drivers was halted when the dispute was sent to an arbitration panel.

Here we explain the status of the various disputes and the laws which govern industrial action in Bermuda.

We talked to labour department sources, employment experts and union officials to provide a guide to the status of the various disputes and the laws which govern industrial action in Bermuda.

What’s the state of play with the current labour disputes in Bermuda?

There are five current labour disputes that we know about.

The bus driver’s strike was sent to arbitration on Friday.

An overtime ban rumbles on at the docks with the BIU and Stevedoring Services at loggerheads over management’s attempt to cut ‘unproductive time’.

The Corporation of Hamilton workers have given the mandatory 21 days’ notice of industrial action in support of sacked garbage collector Michael Pond, who was fired for slapping a girl who verbally abused him.

Prison officers have called off their plans to strike after Government gave assurances that sweeping changes affecting health and safety and security at the prison were in the pipeline.

The BPSU is currently at loggerheads with Berkeley Institute over plans to cut eight ‘support staff’ ahead of the new school year, although this has yet to develop into strike action.

Why are some workers required to give 21 days’ notice and not others?

Workers in ‘essential services’ are required to give notice of industrial action.

Those job categories, including some dockers, telecommunications workers and hospital staff, are laid out in the 1975 Labour Relations Act.

The definition of ‘essential services’ currently refers to jobs connected with the preservation of life.

Public transport, though a necessary part of many people’s lifestyle, isn’t ‘essential’ in the same way as a doctor who protects life and limb or a technician who preserves the island’s communications infrastructure.

Garbage collectors are deemed ‘essential’ because of public health concerns if household waste piles up. That’s why Corporation of Hamilton workers had to issue 21 days’ notice.

Police and prison officers are covered under separate legislation preventing them from striking without notice.

Why not change the legislation to include more industries?

That is a possibility but it would require legislative changes. It might be tough for Government to bring in such changes without consulting the unions first.

Minister Kim Wilson hinted at some form of review, however, saying: “In order for legislation to remain current and relevant, ongoing review is required to determine the need for amendments. 

“That said, the ministry is currently reviewing a number of pieces of legislation which falls within our remit in preparation for the next legislative session.”

Why were the dockers able to impose an ‘overtime ban’ without giving notice?

The BIU has argued that refusing to do overtime is not industrial action.

They say overtime has always been optional on the docks, so the workers are simply exerting their right to say no.

If they moved to strike then 21 days’ notice would likely be required under law.

The legislation covers “The loading and unloading of mail, medical supplies, foodstuffs, cattle and chicken feed and all supplies needed to maintain any essential service specified herein and the transport of such goods to their proper destination”

Didn’t the BIU agree to give 21 days’ notice ahead of strikes when Government forgave them the ‘bond’ money on the Berkeley school project?

Speaking at a press conference last week Mr Furbert said there was no 21-day deal. He said there was a gentlemen’s agreement to give three days’ notice in normal circumstances.

He claimed they had given 24 hours’ notice twice about the bus strike and questioned: “Did they give 21-day notice that she was fired?”

How was the bus dispute resolved?

The dispute has not been resolved; it has been referred to arbitration.

Under the 1992 Labour Disputes Act, any dispute can be deferred to a specially convened impartial tribunal. It will be up to an independent panel to decide if the Department of Public Transport was right to fire Jennifer Harvey for insubordination, or if she should be reinstated, as the Union suggests.

Once the matter is referred to arbitration that ends industrial action. The tribunal, headed by a lawyer, functions as a mini-court room allowing both parties to present their case and call witnesses, as required. The results of the panel’s deliberations are legally binding meaning both parties have to live with the result.

Why could the situation on the docks not be referred to arbitration as well?

Government has requested that the dispute go to arbitration.

However the Union argues that the action taken by the dockworkers does not qualify as industrial action (see above) and is therefore not covered by the Act.

* Sources include Bermuda Industrial Union statements, interviews with union officials, statements from the labour ministry, interview with employment consultant Thad Hollis and reference to the 1975 Labour Relations Act and the 1992 Labour Disputes Act.