The Labour Disputes Tribunal has determined there is nothing to resolve between the Bermuda Government and the Island’s public service unions.

Government, according to Minister of Home Affairs Michael Fahy, was “disappointed” with the ruling but the Bermuda Trade Union Congress called the decision “a common sense and refreshing approach to labour relations, which is much needed in our community at this time”.

The tribunal, chaired by Chen Foley, was set up in the aftermath of labour unrest in January, triggered by the Government’s desire to continue furlough days for Government workers.

The BTUC press statement added: “The decision reflects the fact widely acknowledged throughout our community that the dispute between the Government of Bermuda and the Bermuda Trade Union Congress (BTUC) over the furlough day issue is now over.”

The Bermuda Industrial Union, the Bermuda Public Services Union, Bermuda Union of Teachers, the Prison Officers Association and the Fire Association told the three-man panel that there was no continuing dispute with Government.

The Labour Disputes Tribunal decision reads: “They said that, although there had been a walkout, all their members had returned to work, and therefore no outstanding issues with the Government remained.”

The three-man tribunal noted that an interim injunction against labour action had been given by the Supreme Court, and the Attorney General is now seeking a permanent injunction, also in the courts, and had asked them to adjourn their proceedings. They concluded that the Supreme Court proceedings should take priority.

“Ultimately, even in order to provide ad hoc mediation, our jurisdiction must first be established by the existence of a labour dispute, and we must have jurisdiction to resolve that dispute, and not otherwise be precluded from doing so,” the ruling stated.

Sen Fahy, responding to the decision, acknowledged the Supreme Court legal proceedings. “Whilst the Government is disappointed with the ruling from the Tribunal, there is of course a current matter before the Supreme Court relating to very similar issues,” he said in a statement.

“The matter before the Supreme Court relates to the obtaining of a permanent injunction to prevent various BTUC member unions from engaging in activities that breach the various Labour Acts. Despite what has been said by some, the permanent injunction application is not seeking to prevent lawful activity, rather it is seeking to ensure the laws of Bermuda are followed prior to industrial action being taken.”

In their decision, the three-man tribunal was critical of the “limited information” they received at the time of their appointment.

They said: “It was unclear whether the labour dispute related: (1) specifically to the issue of furlough days; or (ii) to the lawfulness of the walkout itself; or (iii) to some other matter in dispute between the parties that was not obvious from the information we had received or that was in the public domain.”

Government’s legal counsel “expressed the view that it was for the tribunal to discern for itself the nature of the dispute between the parties, and that it was not for the Government to provide details of those matters at this stage.”

The decision also stated that the Chief Justice’s ruling in granting an interim injunction took into account that the furlough day issue had been referred to the Tribunal.

“We take this reference to indicate that (at least initially) the Government intended this Tribunal to consider and determine one issue or another relating to furlough days.”

• For the full ruling from the tribunal and the BTUC statement, click on the PDF files under “Related Media”.