“Nobody needs unions” — Bob Stewart, BDA SUN Aug 31, 2012

“Last week’s industrial action was, quite simply, a case of the BTUC and its members protesting in favour of its own selfish interests.” OBA MP Leah Scott, February 10, 2015.

The war against Bermudians sticking together for unity, fair work practices, fair benefits and equality has been fought for nearly 400 years.

More recently, the fight against organised labour in Bermuda has been waged by the UBP and their supporters for more than 50 years.

Recently, the reincarnation of the UBP in the form of the OBA has continued this war against Bermudians seeking equality on their own island.

Last month, Senator Michael Fahy launched his latest attack against Bermudians by issuing a permanent injunction against the unions. He was not alone.

As with all his other actions against Bermudians, he had the full backing of the OBA Cabinet.

On March 27, the BTUC said it “has a responsibility on behalf of its membership to ensure that one of the issues raised for determination before the Supreme Court is the lawfulness of the conduct of the Government of Bermuda in this whole process of dealing with furlough days and cuts to the public service.”

Over time, the details of this action will come to light. However, a few things are without doubt. Without Unions, Bermudians would not have the following legislative instruments to govern employment:

• Employment Act 2000: minimum statutory entitlements.

• Labour Relations Act 1975: provides for the hearing of labour disputes.

• Trade Disputes Act 1992: Governs strike actions.

• Bermuda Immigration and Protection Act 1956.

• Workers’ Compensation Act 1965.

• Health & Safety Act.

These legislations protect the following employee rights:

• Right to representation.

• Minimum statutory entitlements including notice of termination rights and various leave benefits including vacation, sick, maternity, bereavement, public duty.

• Health insurance coverage for employees and uninsured dependant (spouse or child) at the minimum HIP standard.

• Private pension plan at the rate of 10 per cent of “pensionable earnings”.

• Government contributory pension.

• Mandates that there be a written contract (Statement of Employment).

• Employee can only be dismissed for a valid reason, such as ability, performance, conduct or business operational requirements.

• Statutory redundancy pay.

• Protects employees from disciplinary action or termination on human rights-related grounds or for being a whistle-blower.

• Defines constructive dismissal (also unfair dismissal) and provides compensation for same based on the employer’s unreasonable conduct.

• A mandatory warning process for employees.

• Gives priority to an employee’s claims in a winding-up action.

• Safe work environment.

• Compensation for workers who are injured on the job.

Brothers and Sisters, I write as a son of a proud union member and as a proud union member myself. Like your families, my family has fought blood, sweat and tears for a fair place at the table in our own country.

We have once again been forced into a position of standing up for our rights — rights which many of us may take for granted at times, but rights that we cannot allow an unelected person to attempt to roll back on us.

Week by week, month by month, year by year, Minister Fahy and the OBA continue to roll back the hands of time on our progress. Taking from Bermudians and giving to non-Bermudians. They are now so bold in their arrogance that they are putting policy in place that will ensure that 50 per cent of jobs at Pink Beach Hotel will be given to non-Bermudians.

Have no doubt, whether you be a bus operator, a social worker, a teacher or any profession, this is an attack on your hard-fought rights — rights that persons such as Dr EF Gordon fought for, rights that persons such as Dr Barbara Ball bled for, rights that persons such as Kenyetta “Burning Spear” Young died for.

Education for responsibility. Onward and upward. United we stand.