Last week, TUC members went to Grand Bahama to show support for Eudencil McPhee and Simeon Richardson – two workers who were allegedly terminated after they convinced employees at the shipyard not to accept a proposal to extend days off.
At the time, TUC President Obie Ferguson said the government refused to issue a certificate to call a strike vote even though one was taken back in September.
While speaking to the media on his way to the government’s weekly Cabinet meeting on Tuesday, Minister Foulkes said the government is doing what it can to deal with the situation.
"The matter has been subjected to some conciliation talks in Freeport, which was chaired by the Deputy Director of Labour Tyrone Gibson," he said. "We’ve had about three or four meetings. The shipyard refuses to reinstate the two employees because of the failure of the conciliation talks. I have referred the matter to the Industrial Tribunal for the Industrial Tribunal to make a final ruling on the matter."
"That is how the process works and we will have to wait and see what happens at the Industrial Tribunal," Minister Foulkes added.
However, Mr. Ferguson said this is not enough.
He said the minister is aware that the Industrial Tribunal cannot assist the workers in being reinstated.
"With respect to the matter being referred to the tribunal, the minister is well-aware that the tribunal has no jurisdiction to deal with the reinstatements in these circumstances. The minister must apprehend something. These things must happen before he exercises his powers to refer the matter," he said.
Mr. Ferguson said if the workers decide to take some strike action, the minister might at that point refer the matter to the tribunal.
"We are calling on the minister to issue the certificate as required to strike or not to strike," he said.
The union president added that it might take five years for the Industrial Tribunal to make a decision on the situation.
He said this is why the Department of Labour needs to be revamped.
"It needs to become more worker-friendly. It needs to be updated to be able to respond to situations as they occur. It is very difficult for a worker, who is an officer of the union, to be suspended. You follow the matter to the tribunal and there is no mechanism in place for it to be fast-tracked," Mr. Ferguson said.
"When you go to the tribunal it takes up to five years for a decision. That is not the intention of the Industrial Act. It is supposed to be done in a timely basis and in a reasonable time."
- Austin DWI - New York DWI