The Bahamas Gaming and Allied Workers Union has turned to the Magistrates Court hoping to get what union officials said the government has failed to carry out: an enforcement of the labour laws relative to its industrial battle with the Royal Oasis Resort and Casino.
A writ has been filed against owners and operators of the Royal Oasis Casino with union officials pointing to section 41(3) of the Industrial Relations Act that says an employer is guilty of an offense if he or she fails, within a reasonable time, to enter into negotiations with a recognized union at his or her property.
For the past two and a half years, the union has been trying to secure an industrial agreement with the casino.
The offense in the Act carries with it a possible jail term of up to two years and or a possible fine of up to $5,000, and Gaming Union President Dennis Britton said the writ was filed in an attempt to get both parties back to the bargaining table.
Both sides are scheduled to appear in court Monday.
Mr. Britton, who admits that the unionﾴs latest move is unprecedented, told the Journal Thursday, ﾓWe have decided to take this action because all other avenues, including trying to work with the Royal Oasis Resort, have proven futile.
ﾓSo we see no other recourse now but to go before the courts and let the courts decide because if the law means what it says, then we will be victorious in the courts.ﾒ
The Gaming Union was registered with the Department of Labour on April 19, 2000. Its recognition was granted two years later.
According to the writ, the resortﾴs management refused to sign the unionﾴs recognition agreement, and refused to conclude negotiations even though it initially took part in talks aimed at forming the unionﾴs bargaining team.
Union officials have intimated that the protracted stalemate between both parties has been permitted to continue because the government does not truly want unions in the countryﾴs gaming sector.
In fact, Trade Union Congress President Obie Ferguson, who recently appeared on the Love 97 programme ﾓIssues of the Dayﾒ, encouraged Mr. Britton to seek the governmentﾴs official position on gaming unions.
He told Mr. Britton who called into the programme that, ﾓThe Minister gave you [your recognition] but obviously there has been a rethinking of the position and I think that someone should be very upfront with you.
ﾓThis [recognition] is not a legal issue. The issue is you need to have a collective agreement and it is the job of the Minister of Labour (Vincent Peet) with the support of his department to cause the parties to sit down intelligently and reach an agreement.ﾒ
Mr. Ferguson claimed that the fate of the Gaming Union is tied to the governmentﾴs considerations regarding the recognition of a gaming union at the Atlantis Resort on Paradise Island.
On Thursday, Minister Peet, while pointing out that Mr. Ferguson does not speak for the Minister of Labour, deferred comment on the recent move by the union and on the governmentﾴs position regarding unions in the gaming sector.
He instead reiterated that, ﾓIn the instance of the Gaming Union there has been recognition granted, and if all parties are exercising their legal right to challenge then that is what is provided for by the laws of the Bahamas.ﾒ
Within the past few months, the Gaming Union has garnered the support of the Union Network International (UNI) ﾖ a global organization that represents 15 million workers in over 900 unions.
UNI officials say they will continue to watch the progress of Gaming Union dispute, and offer the groupﾴs support wherever it can.
Sharon Williams, The Bahama Journal
