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`A victory for common sense'

Union chief Derrick Burgess hailed as "a victory for common sense.'' Workers who walked out in support of a battle for union rights involving employees at two dry-cleaning shops approved a peace plan put forward by businessman Stephen Thomson to allow a union ballot at his Hamilton Val Cleaners and Paget Dry Cleaners.

One man, wearing a Government Works and Engineering jacket, said: "We've got what we wanted -- it's a good feeling.'' And a woman -- a shop steward at Hamilton Dry Cleaners under the former ownership who was made redundant by Mr. Thomson due to a downturn in business -- said: "I'm just happy it's over. He has said he will take us back and I'm just happy.'' The acceptance came less than 24 hours after an earlier olive branch was rejected at a mass meeting of workers.

Mr. Thomson had offered a ballot at the two shops -- but linked it to a ballot across his business interests, which also include launders and dry cleaners Just Shirts and Mailboxes Unlimited, which are non-union.

But yesterday after a two-and-a-half hour meeting, the second proposal was accepted, ending a dispute which crippled bus and ferry services, as well as garbage collection.

Union President Derrick Burgess said: "Workers all over Bermuda will be pleased.

"This gives them some encouragement. I think a lot of workers have been fearful about taking action against open injustice.

"This action has given all workers in the Country some confidence that they will be heard -- that they won't be taken for granted.

"They have taken a stance and they are not afraid to take another stance if necessary.'' "People were happy and relieved that it's over -- but prepared to take any battle which comes before them if something like this happens again.

"Common sense prevailed -- common sense will always prevail in any situation.'' Mr. Burgess said the ballot at the two cleaners would probably take place sometime next week.

At the start of the dispute, Government said workers in essential industries and services, like Marine and Ports and hotel workers, acted illegally in walking out in support of the 20-plus employees at the two shops without giving the required notice.

`Common sense' wins the day And marches and picketing at Mr. Thomson's businesses -- as well as the unconnected Little Theatre and the docks -- were also illegal.

At the same time, it was stressed that Mr. Thomson's actions were not against the law as he had not taken over existing businesses, but created entirely new ones.

Lawyers acting for him pointed out that there had been no employees when he took over the shops because they had been laid off by the previous owners.

And they stressed that he had re-employed all the workers, despite having 82 other job applications.

But Mr. Burgess said: "Bad law is law until change.'' And he cited the case of Rosa Parks, who sparked off the civil rights movement in Alabama by refusing to accept segregated seating on the bus service.

Government could have taken a hard line during the dispute, which started on Tuesday and sought court injunctions against workers who downed tools.

Labour and Home Affairs Minister Quinton Edness could also have invoked the Trades Disputes Act and referred the matter to a special tribunal -- which would have the effect of an automatic injunction against any further illegal industrial action.

But a long-time observer of industrial relations said: "Government was clearly concerned that it invoked the legal procedures which were available to it, that might have the effect of adding fuel to the fire, as opposed to calming the situation.

"Certainly the history of industrial unrest over the last two decades has been such that Government is clearly loath to take precipitous steps -- even in the face of what is clearly illegal activity on the part of the workers.'' One expatriate worker complained to The Royal Gazette after he was "manhandled'' outside the Little Theatre in Hamilton's Queen Street.

A spokeswoman for the film house said that someone had tried to avoid pickets outside Mailboxes Unlimited around the corner in Church Street by using a basement route which came out in the Little Theatre -- but that theatre management had ordered people not to use their building.

The expatriate, a business manager on the Island, said he had been pushed and subjected to a torrent of abuse as he tried to pick up tickets in the theatre.

He said: "It was really confrontational and physical -- very unpleasant.'' The man added he had been on a picket line himself in Britain.

He said: "The practice is that the dispute was explained and people asked politely not to cross the picket line. I am very sympathetic to their cause, but they shouldn't treat people like that.'' Mr. Burgess said: "It certainly wasn't the intention by workers to picket any other establishment other than those in dispute.

"If it looked like that's what was happening, the workers want to give their apologies -- they were not trying to make it uncomfortable for people.'' Mr. Burgess claimed that the dispute had attracted sympathy from the public.

He added: "I'd like to thank the public for their co-operation and understanding.

Announcing the deal to the House of Assembly yesterday, Mr. Edness said: "Our current laws provide a voluntary approach to the issue of union recognition.

Those laws, supplemented by custom and practice, have served us well over the years, but recently, and particularly during and in the aftermath of the recession, there has emerged a growing tendency for some employers to avoid association with unions.'' But he repeated this week's pledge to bring new legislation to the House to allow for workplace union ballots to allow for union certification -- and decertification.

Mr. Edness said: "I believe most sincerely that in any democratic society, workers who express a desire to be represented by a union should have a lawful means to secure that objective if a majority so wishes.

"I believe equally strongly that where workers wish to terminate that relationship, there should be a mechanism for ensuring that this can happen.'' WAITING TO GET PICKED UP -- This pile of trash was sitting by the roadside yesterday on Lighthouse Road in Southampton. Everything is set to return to normal next week.