Senators agree need to uphold law
for the main principals in the escalating industrial dispute to meet to resolve the issue which is threatening the entire Island.
But that was the extent of their agreement in the assessment of the situation.
Leading the upper house's motion to adjourn Opposition Senate Leader Sen. Alex Scott stressed that the Progressive Labour Party has and will continue to refrain from making critical comments about "anyone's position or posture in this matter''.
"The Government, we regard in this particular exercise, has to be the government carrying out its duties,'' he said. "It is not important at this juncture whether we agree or not.
"The Opposition have set ourselves in the position of attempting to be mediators.'' Sen. Scott noted that the PLP has met with "all of the key parties to at least inform ourselves of the position of these various parties''.
"From our perspective,'' he said, "it is very clear that there is one key aspect, in what is arguably a very complex situation, that can be at least a step to resolution of that matter -- this is a meeting between Bermuda Industrial Union president Mr. (Ottiwell) Simmons and Bermuda Forwarders president Mr. Toby Kempe.
"These men to our surprise have never met. They do not know each other. They have never been introduced. There has never been an across-the-table discussion between these two.'' Sen. Scott said the media could also help by drawing the public's attention to the fact that the two key principals in the matter have never met.
"If there could be more attention that there is a necessity for them to meet, if we as a community can hear their views, perhaps we as a community will reach a resolution.
"We are not trying to score (political) points. Any recrimination can come much later.'' Government Information Services Minister the Hon. Sen. Michael Winfield said he was "extremely disappointed'' by the failure of Sen. Scott and Opposition Leader Mr. Frederick Wade to request that all Government employees return to work.
"This dispute between one company and 15 workers is now threatening the vast majority of this Country,'' he stressed. "The action that has been taken over the last few days must stop.
"This is not a dispute between the HEB and hotel workers, between Government and its workers, this is a dispute between one organisation and 15 unionised employees.'' Sen. Winfield also stressed that the strike action taken by Government and other employees not directly involved in the Bermuda Forwarders/BIU dispute is "clearly wrong and illegal''.
"Today, I am delighted to say there are buses on the road, there are garbage collectors on the road. I am also delighted to understand that hotels have not been severely affected.'' Sen. Winfield said Government was forced to take out an injunction and did not do so as an attempt to break the union.
"In fact, this Government believes in the health of this Country and we can agree with the Opposition Leader's statement that `most Bermudians will readily agree that the trade union movement generally, and the Bermuda Industrial Union specifically, have over the years paved the way for great improvements in the working conditions and rights of working men and women in this country'.
"But many employers recognise that strikes do little than threaten the livelihood of employers and employees.'' Sen. Winfield, who later informed the Senate that Mr. Simmons and Mr. Kempe were meeting -- thanks to efforts by the Premier -- as they spoke, said there was nothing stopping the BIU from taking the matter to court.
"It is through this ultimate arbitration that I believe justice can be found.'' He warned that even if the strike lasted one day, "the ramifications of this action are being felt in every market we seek to garnish business from''.
"I and Government believe that the BIU have every right to protest and take action against the actions of Bermuda Forwarders,'' he said. "But they do not have the right to suggest that all these workers come out in protest action.
"This is not a question of loyalty to a union or loyalty to a race, it is now time that Bermudians show loyalty to their Country. It is now time that the union take this matter to court where it belongs. Our Country and our people deserve no less.'' Independent Sen. Joe Johnson said he was grateful that both parties "have kept the discussion on a high, conciliatory level.
He said for one dispute to escalate into a general strike is symptomatic that Bermuda's labour/management relations problems are deep rooted.
Sen. Johnson said such problems cannot be solved by a court.
"This will only be solved when we are willing to sit down around a table and purge ourselves.'' Calling the trade union movement "a profound and mostly positive effect on the success of Bermuda'', he said trade unions have an equal responsibility to protect their members while not treading on the rights of others.
"There is one fact that must be embodied,'' Sen. Johnson said. "That is, law must prevail. If our society is to survive, we cannot allow anyone to be above that law.'' Like Sen. Winfield, he said he was pleased that many people decided to go to work.
He also urged residents to remember tourists who "must not be involved in Bermuda's internal affairs''.
"We must learn to wash our dirty laundry in private,'' he said.
Senate vice president Sen. Norma Astwood said she too was concerned that up until yesterday Mr. Simmons and Mr. Kempe had not sat down together.
She said the dispute has many different interpretations because of the time it has lasted and the fact that others, not directly involved, have joined.
"Perhaps workers who began to have difficulty with Bermuda Forwarders felt pretty powerless to effect any change and, like any other relationship, sought the help of their peers. And as each participant joins the older group and assigns his or her own meaning to it, events get more distant and things get quite out of hand.
"Then, there are changes as to how one reacts to it. That is why it is so critical that persons closest to the dispute should sit down and talk about finding resolutions.'' Sen. Astwood said if there is no compromise, "clearly there will be no settlement''.
She urged that the parties involved meet on terms, not only directly related to themselves, but in the national interest "that serves all Bermudians who can be negatively affected by the outcome of their decision''.
Sen. Astwood said while the law must be upheld, anger can lead to irrational behaviour.
Sen. Jerome Dill (UBP) praised the PLP for attempting to be mediators in the dispute. But he urged the Opposition to go further.
"A significant portion of the community look to the PLP for leadership,'' he said. "They want to know how they should behave in this situation -- when we are invited to go on strike, when Government has made it perfectly clear that strike action is illegal.
"These are questions that the PLP need to answer and be clear about. The PLP has a vital role in this community and Government is grateful that they have come on board.'' Sen. Dill also questioned what principle the BIU hoped to establish by its actions.
"The BIU has fought hard on the basis that injustice anywhere is a threat to justice everywhere,'' he said, "and most times in the past when the BIU decided that people should come out on strike, the principle was very clear.
But my submission is that this secondary action principle is unclear.
"If the principle is that Bermuda Forwarders must take back the workers, then that is wrong. Bermuda Forwarders do not have to take back the workers. If the principle is that secondary workers have a right to strike, then that is wrong because all secondary strike action or picketing is wrong.
"It is unclear to me what principle is being fought for. This Country cannot afford to be dragged down in the economic mire any more.'' Sen. Dill also urged the "silent majority'' of the union's members to speak out.
Opposition Sen. Trevor Woolridge accused Sen. Winfield and Sen. Dill of trying to score political points.
And he said while he was tempted to respond to "those political cheapshots'', his concern about the industrial situation overweighed that desire.
He said it is imperative that the principals involved talk face to face.
"Every time you hand a message to someone to take to someone else, something is lost in the transmission,'' Sen. Woolridge said. "There's nothing better than when two can look each other in the eye and agree to disagree amicably''.
He urged Senators not to antagonise the situation by pointing fingers.
"If individuals are breaking the law, let us not discuss that at the moment because, if we accept in the professional judgment of Sen. Astwood, when people come under such stress, they don't think rationally. I want individuals to follow the law and to know what the law is clearly, some of this is in dispute as to what is the law and what is not.'' Sen. Woolridge praised the Premier "who has demonstrated in my opinion real leadership''. But, he said, unfortunately his own Senators have not followed in this regard.
"Even though we have our role and Government has its role, we must respect the decision Government has to make in a most difficult situation. If we have some concern, we will raise it after the resolution.
"It is my fervent wish that Mr. Kempe and Mr. Simmons can stand or sit in the same room as each other and come to a solution.'' Sen. Maxwell Burgess (UBP) agreed with Sen. Woolridge that "this is not the time to take pot shots at each other''.
"I was pleased to hear that Sen. Woolridge says he believes people ought to obey the law. I think that is the beginning of the encouragement that we will see from the Opposition to get those to obey the law.
He urged Government employees to return to work "while those persons responsible for the dispute find a resolution''.
"We ought to put it (the dispute) back where it belongs, then look at how we can address labour relations in Bermuda, in the best interest short term and long term of this country.'' Sen. Burgess agreed with Sen. Johnson that the real solution to labour/management problems will not found in the courtroom, but by "willingness of those involved to get together and respect each other''.
Sen. Pamela Gordon (UBP) said there was no indication that Mr. Simmons instructed workers to return to work in the interest of the Country.
"Lawlessness cannot be tolerated in this country,'' she added. "I will like to ensure that people participating in this illegal strike understand the ramifications and return to work and let the courts handle it.
She said Government has been looking out for the interest of 60,000 people and has not taken sides but is acting "as a facilitator without taking a heavy hand''.
She added that she did not believe the strike vote was responsible.
"I ask that common sense prevail, that these people return to work and let justice take over and justice will prevail,'' she said.
Sen. Wendell Hollis (UBP) said: "We must be concerned when laws are broken, particularly when they threaten Bermuda's economy.'' He noted that tourists and international companies can go elsewhere, but Bermudians cannot. And he warned that "we will all lose in the long run''.
"We must be concerned not only for those in the community but those who are to come after us,'' Sen. Hollis said.
He recalled that a country lawyer once gave the definition of a good settlement as "a settlement that both sides are equally dissatisfied with''.
"Both sides must make concessions,'' he said referring to the current labour unrest. "Both sides must realise they are not going to get exactly what they want and at the end of the day they will walk away dissatisfied, but have resolved the issue.
"Those gentlemen must put Bermuda first. If they do, they will walk out with a settlement.'' Sen. Alex Scott Hon. Michael Windfield.