Airport staff an essential service
considered an essential service under legislation passed by the House of Assembly yesterday.
The designation, which was approved unanimously, effectively prevents workers from striking and ensures the Airport will remain open at all times.
But passage of the the Labour Relations Amendment Act 1995 also gave rise to a wider debate in which Opposition MPs raised concerns about industrial relations, security arrangements and the meaning of the word "essential''.
Home Affairs Minister the Hon. Irving Pearman said the legislation ensured the smooth running of the Airport.
Mr. Pearman said Bermuda would incur an added responsibility to assist aircraft in need of emergency assistance when it took over the Airport on June 1, 1995.
He said the legislation was not intended to take away workers' rights to take industrial action if there was a difference with management.
Instead the dispute would be passed on to a third party for settlement. The areas affected included meteorological services, Airport security, ground electronic maintenance and infrastructure support services which include crash fire and rescue services and air navigation.
Shadow Minister of Home Affairs Mr. Alex Scott said that while he concurred with the premise that it was important to provide a safe passage for all aircraft, there were other areas of equal importance.
Mr. Scott wanted to know what standards Government used to judge whether a service was essential.
And he said that legislation alone would not prevent labour conflicts.
Moreover, Mr. Scott said another area that Government had not properly defined was security arrangements.
"This is the prime opportunity for the Minister to indicate whether the security would incorporate the Bermuda Regiment. They could provide a service.
We believe that if Bermudians see their involvement, the likelihood of good industrial relations will increase.'' Mr. Scott said he was uneasy with a private security firm carrying weapons to guard the Airport and he asked that the Minister return and debate this point if it ever became necessary.
He also wanted to know whether Serco, the Canadian company responsible for providing air-crash rescue, will allow the local Fire Service to cooperate with them.
"Organised labour needs protection,'' he continued. "They should be able to withdraw their labour if they feel it is necessary. We want it clear to whoever the employers are, that Government is satisfied that they will adhere to good industrial relations.
"Are we aware of Serco's track record as an employer? They may be a good technical body but do they have a good corporate image?'' Mr. Scott said media reports suggested that a Serco manager implied the lower salaries for Bermudians compared to foreigners, was an attempt to keep Bermudians hungry.
And this was the wrong message to send. Mr. Scott said that Serco was as responsible for good industrial relations as they were for the aircraft.
Transport Minister the Hon. Maxwell Burgess said the legislation was "timely and needed''.
He said that since Bermuda only had one Airport, this added even more significance to the need for good labour-management relations.
Mr. Burgess said that because of the size of the project, it was fair to expect a "few hiccoughs'' in the early stages but he said Serco had given him every indication that they were able to work out problems successfully.
Regarding the Bermuda Regiment in a security role, Mr. Burgess said the Regiment was a part time service. As such its members had full time jobs elsewhere so Government intended to have a "separate and distinct security arrangement''.
He said the Bermuda Regiment was considering taking an expanded role in other areas, but it would not include Airport security.
Mr. Burgess said a further complication entered the picture because Government intended air operations to be privatised and this was inconsistent with using the Regiment.
Bermuda Industrial Union president Mr. Ottiwell Simmons (PLP) said the Labour Relations Amendment Act contained only a portion of what was necessary to run an Airport.
He said that when the US pulled out of Airport operations, the running of the facility will be revolutionised.
But he had reservations about the "encroachment of private companies''.
The Union leader said the health of the two swing bridges that allowed access to St. George's and the airport, was of utmost importance because the economy depended heavily on them to bring tourists and international businessmen to Bermuda.
Mr. Simmons said the amendment included some repetition which made the entire bill "more work than necessary''.
Furthermore he said there was nothing in law that defined the meaning of an essential service.
"I do shudder only slightly because before Serco is even off the ground there have been grievances concerning labour and salaries. Serco has a five-year contract. Is it renewable?'' "Are they training people too so that Bermudians can take over? We have been talking about Independence on one hand and they have given our Airport away to Canada.
"We are de-Bermudianising the airport. Government's behaviour is intent to privatise. This is a borderline sellout.'' Management and Technology Minister the Hon. Grant Gibbons said infrastructure support services had to be broad in its scope because they involved many critical areas.
Among these were vehicle maintenance for the crash/fire rescue team and the crews that operate the lighting for the runway, electrical distributions and the back up emergency generators.
But he said all these jobs were also involved in non-essential areas as well.
Dr. Gibbons said that Grenada, Trinidad, and Barbados used a "phased assistance'' plan for security.
In Barbados for example, the regular security officials guarded the gates and did vehicle patrols. They were backed up by the Police and in an emergency the army would be called in.
He said Bermuda would be using a similar pattern of security.
Dr. Gibbons said Serco's track record was good because it never experienced a strike in any of the areas in which it is located and that included the United Kingdom which has had a "tense labour climate''.
"I'm sure they will be good corporate citizens,'' he said.
Dr. Gibbons said Serco had a five-year contract which was renewable but there would be fervent attempts made to achieve Bermudianisation. On the Airport's infrastructure side, there was a three-year contract because Government felt it could be Bermudianised at a faster rate.
The Management and Technology Minister said it was extremely misleading for the PLP to suggest Serco depressed the wages paid to Bermudians relative to its foreign work force.
He said there was an understandable disparity between trainees and fully qualified personnel. However both qualified spouses of Bermudians were paid at the same rate as other Serco staff for the same job.
Mr. Eugene Cox (PLP) criticised the Government for neglecting to set out its path in a proposal that had a direction, timetable and deadlines.
And Shadow Transport Minister Mr. Dennis Lister said Government should study the possibility of using the Bermuda Regiment for security because it would be an opportunity to expand the number of full-time positions in the battalion.