Judge: Hotel strike illegal by Marcus Day
to stop the Island-wide hotel strike.
The Supreme Court ruled striking at any hotel was "unlawful''.
Puisne Judge the Hon. Mr. Justice Meerabux also slapped an instant ban on strikes at several larger hotels.
These were Belmont Hotel, Hamilton's Princess Hotel, Harmony Club, Marriott's Castle Harbour, Sonesta Beach, and Southampton Princess.
"I am absolutely delighted by the outcome,'' exclaimed Bermuda Hotel Association president Mr. Stephen Barker last night.
Bermuda Industrial Union president Mr. Ottiwell Simmons MP, however, was reluctant to comment until he had seen Mr. Justice Meerabux's written judgement.
He declined to be drawn on whether the strike was off.
But he announced hotel employees would be summoned to a meeting at BIU headquarters at 10 a.m. today.
"Striking workers will be withdrawn from the picket lines to come to the meeting,'' he said.
The meeting would be attended by BIU lawyer Mr. Arthur Hodgson.
"He will explain to us what the judgement is about. We will decide after that meeting what our next move shall be.'' Last night's developments followed a day of high courtroom drama.
Peace may have reigned on the picket lines -- but a tense fight was being waged behind the scenes.
The key players were Mr. Geoffrey Bell, lawyer for the Hotel Employers of Bermuda, and Mr. Arthur Hodgson, representing the BIU.
Bermuda held its breath as the behind-closed-doors hearing ran from 2.30 p.m.
to 8.30 p.m., with an hour's adjournment.
The HEB had sought a court order to slap an injunction on the BIU and Mr.
Simmons.
It entered a writ in the Supreme Court register, citing breaches of Sections 34 and 40 of the Labour Relations Act 1975.
Government, hoteliers, and union top brass waited for the outcome amid mounting tension.
BIU had called the strike mainly over claims that workers were owed tips' increases for 1992.
Mr. Justice Meerabux's ruling was clear. He stated: The Essential Industries Disputes Settlement Board -- chaired by Mr. Arnold Zack -- declared that the EIDSB had already ruled there should be no gratuity increases for 1992; The Zack ruling was final -- in the absence of a Supreme Court appeal by either side; Yesterday's strike was in breach of Section 34 of the Labour Relations Act, and was unlawful; and The HEB was entitled to an injunction.
Mr. Bell last night explained Section 34 made strikes "unlawful'' if they were not in furtherance of a labour dispute.
"The judge ruled there was no labour dispute because the Essential Industries Disputes Settlement Board had already determined the gratuities issue.'' Mr. Bell said Mr. Justice Meerabux did not issue an injunction "in favour of'' the small hotels because they had been unwilling to sign a collective bargaining agreement with the BIU.
"However, in respect of those properties, any strike remains unlawful.'' Mr. Bell said the injunction on larger hotels would restrain "the BIU and Ottiwell Simmons from engaging in any unlawful strike or unlawful irregular industrial action short of a strike and directed that any current strike or irregular industrial action by employees of those properties should cease forthwith''.
HEB executive director Mr. John Harvey said: "We are very satisfied at the outcome. The judge made the right decision. Everybody should be back at work tomorrow.'' Yesterday saw patchy support for the union's strike call.
Picket lines were set up outside about 12 of Bermuda's hotels -- although disruption to tourists appeared minimal.
Buses and taxis were ferrying them around the Island as on any other day.
And most visitors, determined to enjoy themselves, either shrugged their shoulders or put on a brave face when asked: "Is the strike spoiling your holiday?'' Placard-waving pickets, too, were generally good humoured, swapping jokes with nearby Policemen.
"Do you fancy holding this placard a while to give me a break,'' said one at Hamilton's Princess. It was certainly hot work for them under a fierce sun.
Estimates as to the numbers out on strike were difficult to make.
But the figure fell far short of the 3,000-odd unionised hotel workers.
First vice-president of the BIU's hotel division Mr. Derrick Burgess, who was with some 12 pickets at Hamilton's Princess Hotel, admitted support had "not been that great''.
"We are not hassling anyone. That is not the Bermudian way,'' he said.
Princess general manager Mr. Peter Komposch pointed out the pickets in the morning were on night duty.
"I would say 95 percent of our staff are working. Management are ready to fill in if necessary.'' Pickets and hotel workers were later called to a meeting with Mr. Simmons at BIU headquarters.
The meeting lasted several hours from late afternoon to the evening.
Worried hoteliers -- although well prepared for disruption -- believed the strike's toll on Bermuda's economy could be huge.
They also voiced concern over the tourism fall-out as news of industrial action filters through to America.
Anxiety about the effect of the strike was expressed in the House of Assembly.
Premier the Hon. Sir John Swan said untold damage could already have been wreaked on the tourism industry.
"Even if it is a short term strike it could have far-reaching effects on the economy.'' He appealed passionately for the parties to get round the negotiating table.
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Government backbencher Mrs. Grace Bell said: "We are facing a bleak week.
Phones in this country are ringing from the United States. They are saying `Oh no, Bermudians have gone mad one more time'.'' Labour Minister the Hon. Irving Pearman spent yesterday locked in a series of talks with both sides.
Afterwards he hinted Government would make changes to much-criticised labour legislation.
"Clearly it is not working effectively,'' he said.
Government had to find ways of stopping a dispute -- such as this one -- from becoming a "potential national problem'', he added.
Mr. Pearman met separately with Mr. Simmons and members of the Hotel Employers of Bermuda.
The meetings broke off as attention switched to the Supreme Court.
"Nothing was finalised, but we have to see what comes out of the present court hearing,'' he said last night. "Even if the court decides the industrial action should cease it does not resolve the problem.
"We are continuing to work with both sides to assist them in finding a solution.'' Mr. Pearman said there were no grounds for optimism or pessimism.
Some aspects of the labour legislation were discussed, Mr. Pearman admitted.
But there was no talk yesterday of sending the matter to the legally-binding Trade Disputes Tribunal.