By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

LAWYERS for those denouncing the legitimacy of the Bahamas Hotel Catering & Allied Workers Union election later this month have threatened to take the government to court if the Department of Labour certifies it as legitimate.

David Beckford, Don Fernander, Carol Thompson, Christopher Evans and Anderson Sands are disputing an earlier decision of the union to expel them.

When three of the workers tried to nominate themselves for the union’s May 27 election, they were told they could not participate because of their expulsion.

In a letter to Labour Director Robert Farquharson, lawyers for the workers questioned the legality of the expulsion, saying the workers have not received a list of the charges against them, have not been notified of a hearing concerning those charges, have not been presented with information to confirm the decision of the executive council in relation to the matter and have not been given the chance to be heard and to address the charges “they are accused of before a formal tribunal, a disciplinary committee or the executive council”.

“We are of the view, and have advised our clients, that the Registrar of Trade Unions cannot properly supervise an election as contemplated by the relevant provisions of the Industrial Relations Act if there is a failure to address and quell the manifest and egregious efforts by some to ‘short-circuit’ the proper functioning of the election process,” lawyers from McKinney, Turner & Co said. 

“Further, we hereby put you on notice that any purported certification by your office that the ballot for the upcoming union elections has been properly taken under the current circumstances will lack legitimacy. Accordingly, if this matter is not properly addressed prior to elections, we propose to take appropriate steps to protect the interest of our clients and other members of the union.

“Obviously, this may involve the institution of proceedings in the Supreme Court for an order of certiorari (judicial review) to quash any such certification and an order that the purported expulsion of our clients is and was at all material times ultra vires.

“Should we not hear from you within seven days of this letter we shall proceed to take the steps referred to above to have this matter heard before the Supreme Court.”

Nicole Martin, the incumbent and head of the ‘A’ Team, will face Tyrone Knowles, of Team Revolution, in the election for the union’s presidency. Mr Beckford, of Team Destiny, pulled out of the nomination process.