Task forced calls for labour law reforms by Marcus Day
prospects for industrial peace.
The plea is in the just-released report of Premier the Hon. Sir John Swan's Task Force On Employment.
The report says the organisation should be similar to the UK's Advisory Conciliation and Arbitration Service (ACAS).
"Establishing such a body would have the effect of removing Government from direct involvement in labour disputes,'' the report said.
The body would also encourage the extension of collective bargaining, and reform the machinery for carrying it out, the report adds.
Its five functions would be: conciliation; arbitration; advice; inquiry; and producing codes of practice in industrial relations.
"In trade disputes this body could offer help to both the employer and the union without waiting for a dispute to develop, and without waiting for either party to request assistance.
"On individual grievances, which in Bermuda have led to many disputes escalating, this body would provide conciliation to try and settle matters without a formal hearing.'' Such an organisation could not be dictated to by Government, the report stresses. It would be made up of a chairman and nine individuals -- with members possibly being appointed by the Labour Minister after consulting with the Opposition.
"Whilst this body appears similar to the presently constituted Labour Advisory Council, it is intended that it would not act in just an advisory role, but in a pro-active capacity.'' ACAS in Britain is responsible to the Crown, the report points out.
In Bermuda, such a body would be responsible to the Governor or Senate Chairman.
Other recommendations in the report include: Decertifying a trade union -- if the majority of employees vote for another bargaining agent; Forcing bosses to recognise a union, if most employees vote for it to remain their bargaining agent; Final offer arbitration. Under this, in a deadlocked dispute either the union's or the employer's last offer would be chosen by an assessor. This would encourage good faith in bargaining; and Using British laws for guidance on peaceful picketing and secondary action.
Bermuda's legislation must be clearer.
"One of the biggest problems that impact on Bermuda at the time of industrial unrest is the question of sympathy strikes or secondary action,'' said the report.
The report -- written by the task force's Work Place Committee -- paints a bleak labour picture.
"Unions and employers in Bermuda still follow the confrontational approach which existed in labour relations in the 1960s.
"They have not updated and adapted themselves to changes that have taken place in the workplace by erasing the old militant approach to negotiations.
"It appears that no major effort has been made to understand the changing roles of both parties, and to implement better working policies and practices for the betterment of employees, which would result in improved work performances.'' It adds: "Good, sound industrial relations will always play a major role in the level of Bermuda's success in the future; without this, all other spheres of the country's economic structure will continue to be adversely affected.'' The report calls for Government to remove itself as much as possible from disputes.
And it criticises Government for rushing through labour legislation, appealing for improved drafting with the help of the Attorney Genera's chambers.
"On the question of legislation, the committee concluded that both unions and employers have too readily sought the assistance of Government for help.
"This has led to hastily written legislation, which in many cases has been ineffective.
"The most recent example of hastily drafted legislation did not achieve its intended purpose,'' it notes, referring to recent essential industry legislation aimed at helping to resolve hotel disputes.
"Whilst the 1975 Labour Relations Act has a broad, sound content, it is concluded that it could be reviewed and amended.
"There have been repeated claims by the unions that the Act works against unions.
"The employers have also made similar claims (that the Act works against employers), although to a lesser extent.'' The report calls for an Employment Protection Act or code of conduct to outline "parameters within which employers and unions could be expected to contain their employment practices and demands''.
It also urges Government to look to Britain on balloting where legislation spells out how ballots should be conducted.
There is emphasis on: who is entitled to vote; procedures for work place ballots; method of voting; how it is conducted; information on the result; and industrial action.