By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

BAHAMAS Hotel Catering and Allied Workers Union (BHCAWU) president Nicole Martin yesterday expressed confidence that the union was in a more firm legal position to proceed with negotiations with the Melia Nassau Beach Resort having secured a long-awaited certificate of recognition, describing it as “one of many steps” to be taken to ensure proper representation for the all-inclusive resort’s employees.

Ms Martin told Tribune Business that the BHCAWU had applied since last year for a certificate of recognition from the Ministry of Labour as the sole bargaining agent for the resort’s non-managerial employees, and with that now in hand was looking to meet with the resort’s management to discuss the way forward. The issue of union recognition was brought to the fore last year amid tension between the union and the all-inclusive property, with the resort announcing last August that it was not obligated to provide administrative facilities for the payment of hotel union dues in light of appellate and Supreme Court rulings which confined such obligations to a valid industrial agreement.

Ms Martin told Tribune Business yesterday: “We have been recognised as the bargaining agent for employees of that resort under the various owners for well over 20 plus years but it was always voluntary recognition. What we are trying to do is, wherever we have voluntary recognition, we are trying to get a certificate issued so that as the players change we don’t have to answer the question as to whether or not we have been recognised. While the question is asked and can easily be answered because the record would reflect that we have bargained on behalf of those workers, we believed that the best thing to do would be to have the minister issue a certificate of recognition.”

Ms Martin added: “Having the certificate doesn’t change the fact that employers may not want to deal with the union but it gives us a more firm legal position. The law says that for limited trade disputes you must meet and treat with the union on matters that arise. There is protection in the law once a certificate is issued. We are now asking to meet with them to discuss the way forward. If that fails then we are going to take the next step to get them to meet and treat with the union.”

Last July, a Supreme Court judge found that although the union had entered into a new collective bargaining agreement with the Bahamas Hotel Employers Association (BHEA) in 2003, that agreement was never registered under Section 49 of the Industrial Relations Act, meaning it was deemed to be ineffective in law.

“We have been petitioning each employer to come to the table and negotiate a new collective bargaining agreement,” Ms Martin said. “That is a medium term goal for us. As it relates to Melia, we need to be able to go in and bargain on behalf of the workers for things that come up on a daily basis. The employees have even going through a lot because the company has decide to take a certain stand with the union. We thought that the best approach was to go through the legal channels, get a certificate and compel them to come to the table.”