Tribunal orders reinstatement of workers
The Trades Disputes Tribunal has ordered that three out of six construction workers sacked at the ACE building site in Hamilton be reinstated with back pay.
The sackings of the men in September led to strikes on the site run jointly by Precision-Somers, where workers have been involved in a bitter battle for union recognition.
Industrial unrest on the Island escalated briefly as workers from four other construction companies walked out in sympathy.
As well as ruling that three of the men be reinstated, the Tribunal has ordered that a secret ballot be held by the end of March on union recognition at the site.
Bermuda Industrial Union President Derrick Burgess said the ruling by Tribunal chair Arlene Brock, which is binding by law, was a partial victory.
But he launched a stinging attack on the behaviour of some construction companies on the Island, whom he claimed were dragging workers' rights back 30 years.
He said their decision to force some workers to do more than 50 hours a week at straight time with no paid holidays was "criminal''. The Tribunal ruled that two men sacked for walking off the site during a concrete pour were unfairly dismissed and should be re-employed with 52 hours back pay.
The BIU had claimed the men had been given permission to leave at 4 p.m. Mr.
Burgess said the men had worked their eight hours and did not think they had been asked to stay on.
In any case, he said they had not been advised in advance, as was usual, that a big concrete pour was to take place.
Workers reinstated The BIU argued that the third worker ordered to be reinstated had been sacked ahead of more junior colleagues because of his union activities -- a charge denied by Precision-Somers. He will be reinstated with two weeks' pay in lieu.
Mr. Burgess said last night: "It is a partial victory, but I think they all should have been reinstated. There was a minority report backing the reinstatement of them all.
"It is disappointing to have to go through this process, but if there are employers, particularly construction employers, who don't respect what's been built up over the years, we're going to have these problems.
"Many employers are taking workers back 20 or 30 years by not paying them the benefits required by law. Some have no vacation, no sick pay, and a lot are working more than 50 hours a week straight time.
"Workers have been building up over the years to middle class and these construction boys are pulling them down. They are making a lot of money at the expense of workers and it is wrong, it's criminal.'' Dr. Clarence James, a director and vice-president of Precision Construction, said last night: "I would rather not comment but would rather provide a written statement later which reflects the position of the joint venture.'' But he added: "We will not do anything adverse to the ruling.'' BUSINESS BUC