The Corporation of Hamilton scored a victory in the Supreme Court yesterday ­— as part of the ongoing legal battle over the disputed rights of management to take part in a labour bargaining unit.

City management have opted to sue the Corporation, accusing the administration of trying to prevent management from the bargaining table as members of the Bermuda Public Services Union (BPSU).

City Secretary Ed Benevides, along with managers Earlston Francis, Zoe Mulholland and Lindell Foster, are also suing the Attorney General’s office — over legislation which, since 1998, has allowed for senior management to be excluded from the bargaining unit.

A stipulation added to the Trade Union Act 1965 limits the bargaining unit to “non-management persons”.

However, under a memorandum of understanding stewarded by the previous administration of mayor Charles Gosling — embattled by Government’s moves to rein in the municipalities — the BPSU began representing management.

The new “Team Hamilton” administration opted to follow the letter of the law until such time as the exclusion of management is declared unconstitutional.

In a consent order filed last August, the parties involved agreed to proceed with their dispute under the direction of the court.

The Corporation subsequently filed affidavits from Councillor Keith Davis, Bermuda Employers Council head Keith Jensen and collective bargaining negotiator Stephen Shaw.

However, taking issue with the evidence, the plaintiffs then filed to have all three affidavits struck out as scandalous or irrelevant.

The Corporation side redacted the affidavits and prepared for further proceedings — but the plaintiffs abruptly dropped their application on Monday.

Puisne Judge Stephen Hellman yesterday awarded the Corporation 80 percent of the costs for the dismissed application.

According to lawyer for the Corporation Juliana Snelling, the affidavits were “uncontroversial” but spoke, among other matters, to the precedent in overseas jurisdiction that uphold the right for managers to be excluded from the bargaining unit. The case continues next year.