A judge yesterday ordered the hotel union to hold an election by February 28, after finding the body breached its constitution by failing to hold its triannual general meeting and elections last May.
Chief Justice Sir Michael Barnett made his ruling on a constitutional motion filed by David Beckford, a former chief shop steward of the Bahamas Hotel Catering and Allied Workers Union.
Sir Michael dismissed a preliminary objection by the union’s lawyer, Harvey Tynes, QC, who questioned Beckford’s legal right to institute the action.
He said, “In my judgment the plaintiff as a member of the union has the standing to bring this action as there is a real and present dispute between the parties as to the existence or extent of a legal right, i.e, the right to participate in an election every three years.”
In his ruling on the substantive issue, Sir Michael determined that the term of the current executive board, led by President Nicole Martin, began in May 2009 andexpired in May 2012.
The elections for the union held in May 2009 and September 2009 were nullified by the courts.
The current executive members who were elected in April 2010 were of the view that their term remained in force until May 2013.
However, Sir Michael found that this interpretation was disconsonant with the union’s constitution which requires the triannual general meeting to be held each May.
He said, “In my judgment, the term of three years did not begin in April 2010, but rather in May 2009 at the expiry of the term created by the May 2006 elections. It began from the elections in May 2009.”
Sir Michael awarded costs to Beckford, who was represented by Ferron Bethel.
By Artesia Davis
Guardian Senior Reporter