controversial trade union legislation into law.

And a delegation of British trade union leaders is now set to argue the case against the Trade Union Amendment Act on behalf of Bermuda's unions to an international committee on worker's rights.

Last week the Trade Union Amendment Act 1998, which was passed by the Upper and Lower Houses in April, was finally signed by the Governor.

But union leaders have condemned the Governor's decision, claiming that it was made prematurely.

The Governor initially agreed to delay signing the Act after union representatives claimed it was unconstitutional. The Act excludes middle managers from automatic union representation rights.

After several meetings it was understood that the Governor would sideline any decision until the International Labour Organisation had had a chance to examine the Act. ILO representatives were expected to come back with a decision next month.

Yesterday BIU President Derrick Burgess, BPSA General Secretary Ed Ball Jr.

and BUT leader Milton Scott, representing the Fraternal Unions of Bermuda, in a joint statement to the Press, said: "The Governor's assent of this Act was the final outstanding mandate of the ruling UBP Government. The Bill was forwarded to the Governor in March and remained on his desk pending investigation by the ILO's Freedom of Association committee.

"But it is most unusual for this to be signed so close to a General Election because it has not yet gone before the ILO. We find it strange that the advice the Governor received is premature.

"There is no credence whatsoever for the Governor not to wait on this matter -- we think common sense should prevail.

"The ILO's Freedom of Association committee will hear the Fraternal Union of Bermuda's arguments later this month and their findings will be released some time in November. Surely two months is not overly detrimental to industrial relations in Bermuda as several bargaining units have been recognised by the employers.

"Under the advice from the British Home Office, His Excellency stated that the Bill must become an Act for it to be seriously debated by the ILO. This advice is contrary to the Fraternal Unions of Bermuda's position.

"Similarly the British Home Office advised Mr. Masefield that in all likelihood the ILO's Freedom of Association Committee would rule in favour of the Bermuda Government. We see this advice as premature.

"The Fraternal Unions of Bermuda maintains its position that middle and senior managers will not have the freedom to join a union of their choice. To this end the British Trade Union will adequately present our arguments to the Freedom of Association committee.'' But last night Deputy Governor Tim Gurney defended Mr. Masefield's decision, claiming that he had no option but to sign the Act.

"It's not a question of waiting for the ILO to decide whether of not there's some kind of problem with it,'' Mr. Gurney said.

"The Governor has waited a long time before signing this and he could have signed it a long time ago. The only reason he didn't was because of the concerns expressed by the unions.

"But he has now satisfied himself that it is constitutional and that it meets with the obligations of the UK -- once he's satisfied himself there's no way he can delay it any further.'' GOVERNOR GOV