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October 28th, 2009

BHCAWU Elections Could Be Overturned

BY KENDENO N. KNOWLES
Nearly a month after the Bahamas Hotel Catering and Allied Workers Union (BHCAWU) held its election of officers, talk of the election possibly being overturned again has resurfaced.

Attorney Koed Smith, who represents BHCAWU former first Vice President Kirk Wilson, along with his team, told the Bahama Journal recently that the matter has been put before the Court of Appeal.

The matter, he said, could be heard in the court as early as next month.

"We are expecting the Court of Appeal to call the matter regarding the last union elections up on an urgent basis. We are hopeful that we can have it heard within the month of November or as late as December," Mr. Smith said.

"We are essentially challenging the position that was taken up by Supreme Court Justice K. Neville Adderley in interpreting the decision of Supreme Court Senior Justice Jon Isaacs," he said.

At the end of the case Mr. Smith said his clients anticipate some wide reaching effects on the whole union processes.

"So, we are just waiting," he said.

Mr. Smith said he is certain that the recent union elections held on September 29 will be overturned again and said his team has a strong case to fight.

"Well, obviously we would not be pursing the matter if we didn’t think we could win. Our position obviously is that the nominations of May 11 should stand, in which case the whole process was skewed," he said.

"[The case would have been skewed] because only the council of the union could decide what is the best thing for the union itself and not the court. The court does not have the power to do that," he said.

The union’s May election was overturned following some discrepancies. The move ousted the union’s first female president Nicole martin from the top post.

Elections were once again held on September 29 where Ms. Martin won again by landslide.

If this latest election is overturned it would be the second time in a year that the union is left without proper leadership.



 
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