union certification and decertification -- but which rules out middle management joining in.

And Opposition MPs queued up to slam the missing tier and insisted middle managers would be "disenfranchised'' if left out.

They also argued in a marathon debate that omitting supervisory staff was against international labour conventions which covered Bermuda -- and that the legislation, if passed, may have to be repealed to keep on the right side of international agreements.

Home Affairs Minister Quinton Edness , who introduced the bill, said the current voluntary system "by and large'' worked well.

But he added: "There is one area where the Government believes that some employers may not be playing their part in ensuring harmony in the workplace -- that area has to do with the recognition of trade unions.'' Mr. Edness said the Constitution guaranteed the right of trade union membership.

But he added: "What is missing is a legal framework to guarantee the right of workers under the law to choose a particular union to represent them for collective bargaining purposes and for that union to be recognised as such by the employer.'' Mr. Edness added that he understood that some employers feared union recognition and said that "trade unions must themselves take some responsibility for their unease''.

But he said that "usually mild and placid people can sometimes be driven to uncharacteristic acts of anger when faced with what they believe to be an injustice''.

Mr. Edness added that much of the industrial unrest on the Island "continues to find its roots in recognition issues''.

And he said that -- even allowing for opposition from the BIU -- it was only fair that workers should be allowed to sack a union or change it for another if they wanted.

He added that, before excluding middle management from the bill, Government considered precedents in other jurisdictions and the views of the International Labour Organisation.

Mr. Edness said in the UK -- where Bermuda draws much of its legal framework -- there was a voluntary system of labour relations, and while change had been promised by the Labour Government, "there is no indication at this stage as to whether management persons will be included''.

He added US law specifically excluded "supervisors'' from acts covering workers' rights.

Mr. Edness also pointed out that under Canadian law, employers were excused collective bargaining with managerial and confidential employees.

And he said Trinidad and Tobago law insisted management have "a separate bargaining unit'' from rank-and-file workers -- but added Barbados made no such distinction.

Mr. Edness, however, said that the Bermuda Public Service Association's position -- it represents management and non-management employees -- would be protected.

But he insisted: "It's simply not possible for management to function properly if managers have a dual loyalty, serving as members of management while at the same time being subject to union rules and regulations.

Shadow Home Affairs Minister Alex Scott , however, launched an immediate counter-attack.

Mr. Scott said: "Half a loaf in this case is not better than none at all because we have brothers and sisters out there not protected when we perceive they do seriously need protection in the workplace.'' And he quoted International Labour Organisation advice to Government's Labour Relations Department on its conventions.

The ILO said: "By the terms of the Conventions, these rights extend to all workers with the exception of security forces and the Police -- also note the convention does not deal with public servants.

And the ILO advisory added: "No expemptions are made for managerial or supervisory employees. ...in other words, the ILO favours recognition of managerial employees whenever possible.'' But it added that the ILO did allow "restrictions on this general right when the issue of same union representation has been presented''.

And it said management had the option of forming their own, white collar, union rather than signing up with an existing one.

Mr. Scott said: "The Minister saw the differences right before his very eyes but somehow he decided, the Goverment decided, to throw caution to the winds and abandon the middle management.'' Derrick Burgess (PLP) -- President of the BIU -- reminded the House that the Valcleeners dispute last year was sparked by an employer denying union rights.

He said that workers had only won basic rights like holidays and maternity leave by "taking to the streets''.

And he added: "We seem to want trade unionists to be criminals -- we are not.

We are human beings who pay our taxes.'' Mr. Scott was backed by former Bermuda Industrial Union president and PLP backbencher Ottiwell Simmons .

Mr. Simmons said: "This bill cannot be said to be in the interests of workers.

"This bill is not drafted in accordance with advice given by international organisations which has been given.

"The evidence is crystal-clear that international organisations and the regional organisations which have given advice to the Minister have made it clear that the Minister is bamboozling this House.'' And Mr. Simmons warned: "If we pass this law, we are denying managers the right to a trade union and we are denying them the right to represented anywhere else -- they are up in the air.'' Mr. Simmons added that a new white-collar union was a "senseless'' idea because "there are not enough of them to effect a protest if they are being exploited or victimised''.

Mr. Simmons warned that people were prepared to fight all the way to ensure their rights were recognised, even if that meant going to jail.

"Don't think that anybody isn't prepared to struggle with this legislation -- this stops nothing and starts everything,'' he said. "Workers have signed a petition against this act -- we are the articulators, their voices are being heard.'' He called for the Government to do more to protect Bermudians who couldn't get work, especially those who aspired to middle management positions and found the way blocked.

Leon (Jimmy) Williams (PLP) called for black members of the Government to stand up and join with the PLP over the bill.

He said the bill was more about keeping the UBP in power and protecting their cronies.

Eugene Cox (PLP) said a clause should be inserted in the bill to define exactly what was meant by middle management, so there would be no debate.

But Tourism Minister David Dodwell admitted not everyone was going to be happy with the bill.

They were talking about giving employees the right to choose a union for themselves and protecting the Constitution, he added.

"If any employee chooses to join a union, then they have the right to do that,'' he said. "We also have to recognise that we have to support the employers on the Island.'' But Opposition Leader Jennifer Smith replied that there was still no clear indication that Government understood the needs and rights of the worker.

It would be a grave error if the legislation was allowed to go through as it was, said Nelson Bascome (PLP).

"This document takes away the fundamental agreement of freedom to associate.

We are denying the rights of these individuals who seek union representation,'' he said.

Harry Soares (UBP) said he couldn't understand why anybody would have a problem with the bill as it was for everybody.

David Allen (PLP) said the bill was a monumental exercise in sugar-coating legislation.

The member for Pembroke East Central said, for example, there were many hotels on the Island that hadn't signed the collective bargaining agreement.

"That doesn't speak of sincerity,'' he said. "The people in this Country want to see justice and fairness -- people just aren't going to take it any more,'' he said.

The UBP was so tied to business and commerce that it was blinkered when it came to employees, he added.

"Is it any wonder we have middle management people in hotels calling for freedom to join a union of their own choice,'' he said.

Premier Pamela Gordon launched an all-out offensive on the PLP, accusing them of hypocrisy and distortion of the facts.

And she tore into claims by Mr. Allen -- who runs a tourism magazine -- that he had helped the printing industry.

She said: "He believes so much in the Bermuda employee, he sends his work outside Bermuda to be printed.'' And Ms Gordon added that he had envelopes "stuffed'' at St. Brendan's Hospital "to give work to Bermudians''.

Ms Gordon said: "It's unfair to take advantage in this way of the worker -- and that's what this legislation is all about.'' The daughter of legendary labour leader EF Gordon added that she had every right to speak on the cause of labour -- but said: "This Government is not ashamed of its affiliation with the employer.'' She added PLP claims about job creation being in favour of the non-Bermudian as opposed to the Bermudian were also unfair.

Ms Gordon said: "Just maybe it's in areas where we don't have the Bermudian expertise -- yet. This is the kind of thing which goes on.

"I believe it's unfair and unreasonable to try to utilise this House from a standpoint of intimidation or misleading or misguiding this House in any form.'' Ms Gordon added that the proposed legislation would benefit "25,000 Bermudians out of a 34,000 workforce''.

And she said: "There is a reality in the working relationship that there is the employer and the employee -- with all the protection of the employee -- but if there is no employer, then all of this is for naught.

"The reality is the reason the UBP Government is not ashamed of its association and affiliation with the employer is that we understand the employer has the money for the work that the employees do, therefore this Government should not be ashamed of it because there have been employment opportunities in this Country because the employers invested back in this Country.'' And she warned: "Money moves out of this Country every day -- somebody has to make sure that there will be money left in this Country.'' She admitted industrial relations were not perfect and there had been abuses in the past.

But Ms Gordon said all sectors contributed to Bermuda.

And she added that decertification could not be forced by management under the legislation.

She added she hoped the Opposition were not saying that if an individual middle manager signed up as a member, "they would not get proper representation''.

Concluded in Monday's newspaper