Labour Bills - Union Victory, Employer Defeat

As many of you are no doubt aware, the Prime Minister, Hubert Ingraham, announced that he is prepared to go ahead with three of the five Labour bills first proposed by Government at the Tri-For meeting held in March of 2000. The Tribune of August 1st quoted the P.M. as stating these three bills are "integral, fundamental parts" of his agenda, and that they will absolutely be completed before the end of his term in office. These three bills are the Employment Act, the Minimum Wages Act, and the Health and Safety at Work Act.

The two bills that have been shelved are the Trade Union and Labour Relations Act and the Industrial Court and Trade Disputes Act. The Tribune quoted the P.M. as saying he is "abandoning those things I am no longer willing to fight for." In speaking about the two bills that are being shelved the P.M. stated, "Those two matters will not be done during my term."

The two shelved bills are ones that the Unions fought very hard against. Although there were some areas of concern to employers with these two bills, the fact that Union Officials would be held responsible for their acts, and that costs would be awarded in Industrial Court cases, thereby reducing frivolous trade disputes, were welcomed. It is apparent that through demonstrations, (burning the draft bills at the second Tri-For meeting), and intense lobbying efforts, the Unions were successful in stopping the passage of these two bills. It is also apparent that the Unions have greatly influenced the three remaining bills.

While the Bahamian public was not informed until the 1st of August by The Tribune headline that only three of the five labour bills would be pursued, this information was stated on the world stage by the Minister of Labour and Immigration, Mr. Earl Deveaux, at the ILO convention in Geneva on the 11th of June. In his speech the Minister stated, "…When we enact into law the Employment, the Minimum Wage, and the Health and Safety bills, The Bahamas will have satisfied the necessary pre-conditions and will ratify the remaining non-core Conventions."

The Minister also stated, "My Government is committed to the continued promotion of tripartite consultation and social dialogue", however he seems to place a different weight on each of the social partners in talking about the formulation of the labour legislation by adding, "This follows extensive bilateral discussions with our social partners, especially the workers' representatives of both national umbrella organizations." (Emphasis added.)

As stated previously, the remaining bills have been greatly influenced by the Unions. For example, the latest draft of the Employment Act (June 29th, 2001) provides more benefits to employees than previous drafts of the bill, despite several negotiation sessions with the Prime Minister by The Coalition of Private Sector Organisations. Some examples of the increased benefits are:

1. Previous bill: Three weeks vacation after 10 years of employment.
   Current bill: Three weeks vacation after 5 years of employment and four weeks vacation after 10 years of employment.

2. Previous bill: Ten days sick leave per year.
   Current bill: Fourteen days sick leave per year.

3. Previous bill: Reduction in work week to 44 hours, and one year later reduction in work week to 40 hours including meal period.
   Current bill: Reduction in work week to 40 hours including meal period.

The Coalition of Private Sector Organisations is being re-activated in order to lobby for its members. The members of this organization are: Bahamas Employers Confederation; Bahamas Chamber of Commerce; Bahamas Contractors Association; Bahamas General Insurance Association; Bahamas Hotel Employers Association; Bahamas Manufacturers Representatives; Bahamas Motor Dealers Association; Bahamas Petroleum Retailers Association; Bahamas Professional Engineers Association; Bahamas Professional Photographers Association; Bahamas Real Estate Association; Bahamas Ship Owners Association; Bahamas Soft Drink Bottlers Association; Bahamas Wholesale Association; Grand Bahama Chamber of Commerce; Institute for Economic Freedom; and Nassau Tourism & Development Board.

Based on its membership, as formidable as this organization may seem, the recent draft bills shows that this group is not enough. Each association of employers and each individual employer is strongly urged to lobby on its own behalf, in addition to the efforts of the Coalition, if we are to have any chance at positively influencing the contents of these labour bills.

BECon Working Group Update

The Working Group Committee is working on the Draft Strategic Plan of BECon that was formulated with the assistance of Brent Wilton of the IOE and Luesette Howell of the ILO. One of the Key Action Points of the plan is to incorporate Bahamas Employers Confederation as a non-profit company. Not only will this limited the liability of its members, it will also make BECon a statutory legal entity.

A Memorandum and Articles of Association for the incorporation of BECon have been prepared by the Working Group and the Management Committee on Wednesday the 1st of August gave its blessing for the constitutional documents to be forwarded to Sarah Lobosky of Harry B. Sands, Lobosky & Co. for vetting.

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