By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@

tribunemedia.net

LABOUR Minister Shane Gibson yesterday warned Baha Mar and the management of the Melià hotel to cooperate with its bargaining agent, the Bahamas Hotel Catering & Allied Workers Union in accordance with the law or face punitive measures.

Mr Gibson called for the resort to act in the interest of goodwill to review and immediately reverse its decision to stop collecting union fees and block union executives from accessing the resort – a move he suggested would create an environment of industrial unrest with a negative impact on the economy.

His statement came as thousands of hotel workers were put on work-to-rule by the BHCAWU.

Mr Gibson also echoed statements made by Minister of Foreign Affairs and Immigration Fred Mitchell on Monday when he reminded the operators of Baha Mar and its Melia hotel that they are “guests” in this country. He added that the government would do what is necessary to protect the rights Bahamians.

However in a statement released last night, the Melia said there is no legal obligation for the hotel to process union dues.

The Melia hotel advised staff last week that it would withdraw the use of its administrative facilities for the deduction and payment of union dues as of August 31.

The letter sent on Friday explained that the decision was made with regard to a recent Supreme Court ruling into the dispute between the resort and the BHCAWU over gratuities.

Mr Gibson said yesterday: “I wish to caution the management of Melià and Baha Mar that the government of the Bahamas has a duty to look out for the general welfare of all Bahamians and we are of the opinion that the action taken by the hotel is not in the best interest of Bahamian workers.

“I caution the principals of Baha Mar and of Melià and remind them that they are guests in our lovely Bahamaland and the government will do whatever is necessary to protect the rights of Bahamian workers and ensure that the statute laws are enforced.”

Mr Gibson added: “I wish to remind the management of Melià as well as the principals of Baha Mar that the Bahamas Hotel Catering & Allied Workers Union is the statutory recognised trade union for all non-managerial workers at the property and as such the hotel has a legal obligation to treat and enter into negotiations, in good faith, with the elected officials of the union.

“Failure to recognise this and to work in accordance with the legislation, is a violation of the Industrial Relations Act and if convicted, the management of Melia and Baha Mar will be subject to a fine of $5,000, imprisonment of up to two years or both fine and imprisonment,” he said in a statement.

“I, therefore,” he added, “call on the management of the hotel and Baha Mar, in the spirit of industrial goodwill, to take urgent and immediate steps to review and reverse their decision and consider whether it is in the best interest of the hotel to create an environment of industrial unrest that will have a negative impact on the economy of the Bahamas.”

However, the Melia hit out at Mr Gibson’s stance yesterday.

“There is no statutory obligation on Melia Nassau Beach Hotel or Baha Mar to deduct union dues from employees and pay them over to the union outside the terms of a valid Industrial Agreement,” the hotel said. “There is currently no valid Industrial Agreement. Accordingly, Melia Nassau Beach Hotel and Baha Mar took a decision to stop deducting dues on behalf of the union and notified employees that as (of) August 31, members of the BHCAWU would have to make their own arrangements to pay their weekly dues to the union. Members of the union are required by the union’s constitution to pay dues; Melia Nassau Beach Hotel or Baha Mar are neither obligated by contract nor statute to provide administrative facilities for such payments.”

The resort added that it is “unfathomable” that its request for union members to make their own arrangements to pay their own dues is perceived by Mr Gibson as “contrary to the welfare and interest of Bahamian workers.”

The hotel added: “Baha Mar and Melia Nassau Beach Hotel have complied with, and will continue to comply with, all laws and regulations of the Bahamas as well as the decisions of the Supreme Court of the Bahamas.”

Yesterday, the Bahamas Hotel Employers Association (BHEA) also released a statement on the controversy.

Robert Sands, a senior vice-president at Baha Mar, is president of the association.

The statement read: “Member hotels of the association realise that there is no current valid Industrial Agreement in place with the hotel union today.

“Mr Sands made it clear that the association’s member hotels will continue to honour the terms and conditions of its employees’ contracts of employment as set out in the expired Industrial Agreement and have no plans to act otherwise.”