By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

UNION leaders have started galvanising their memberships for a collective call-to-action in response to the contentious Sandals “nolle prosequi”, a move that could lead to a national strike or, at the very least, a mass demonstration.

John Pinder, president of the Bahamas Public Services Union (BPSU), confirmed to The Tribune yesterday that union leaders across the various sectors have been advised to sensitise their members to the challenges faced by fellow unions under the tagline of the “Joint Labour Movement (JLM)”.

A copy of a draft document, obtained by The Tribune, outlines issues affecting some 18 unions, and calls for all social partners “who truly believe in Bahamians” to join their cause.

“Join with us in ensuring fair and equitable treatment of labourers who are the backbone of our country,” the document read.

“Help us to end discrimination against all workers. Help us to convince the government of the Commonwealth of the Bahamas to be a good social partner and act as a role model for the private sector.”

It continued: “Help us to end the mentality of slavery and truly ensure the emancipation of the masses through just and equitable treatment of all of our brothers and sisters and to fulfil the biblical mandate of being ‘thy brother’s keeper…’ for ‘…the least of these.’’

In an interview with The Tribune, Mr Pinder chastised the government led by Prime Minister Perry Christie for neglecting long standing labour issues instead of appeasing the business community.

He called Mr Christie “guilty by association” due to his continued silence on the Sandals matter.

The Commonwealth of the Bahamas Trade Union Congress (CBTUC) and the National Congress of Trade Union Bahamas (NCTUB) have called a joint press conference today to make a statement “with respect to the Bahamian workforce”.

The JLM draft document details challenges, and union recommendations for resolution for matters affecting workers in the public and private sectors.

“[Today] is to bring information to the general public and the membership,” Mr Pinder said, “and hope they understand why it is that we have to do what we may have to do.

“The PM isn’t really responding to the cry of the general public and the unions so he is guilty by association.”

The press conference is the latest development amid a string of trade union allegations that Attorney General Allyson Maynard-Gibson “misled” the Bahamian people over her decision to issue the ‘nolle prosequi’ - no prosecution in a case against Sandals.

Obie Ferguson, TUC president, told Tribune Business on Monday that Mrs Maynard-Gibson and her officials had suggested there was “no obstacle” to a private prosecution of Sandals Royal Bahamian and its top executives when he met with them in late July.

He implied that the attorney general performed a complete ‘u-turn’ on this position within 18 days by directing the Magistrate’s Court to discontinue the action.

Much of the public outcry over the “nolle” has hinged on the fact that it was signed on August 15, the same day the hotel terminated more than 600 employees.

The Office of the Attorney General has maintained that the order did not come into effect until it was entered in the Magistrate’s Court on September 19.

In his interview with Tribune Business, Mr Ferguson took issue with Mrs Maynard-Gibson’s inference that the two ongoing Supreme Court cases, involving Sandals Royal Bahamian and the Bahamas Hotel, Maintenance and Allied Workers Union (BHMAWU), played a key role in her decision.

The TUC president told Tribune Business that the union’s “unfair dismissal” action was only filed with the Supreme Court on August 19, some four days after the attorney general signed the ‘nolle prosequi’, making it impossible for this to be a factor in her decision-making.

The nolle order halted the action launched against the resort, its general manager, Gary Williams, and financial controller, Fitzroy Walker, by five officers of the BHMAWU who had alleged that Sandals Royal Bahamian was in breach of the Industrial Relations Act by failing/refusing to “treat or enter into negotiations” with the union.

The action was filed in the Magistrate’s Court.

When asked to consider the AG’s defence, Mr Pinder said yesterday: “If you get on bail for bank robbery, then you go back to court for stealing my car, will the robbery charges be dropped because you’re now being charged for stealing the car? Will the car charges be dropped because you’re already facing the robbery charge? That just doesn’t make any sense to me, no that’s not going to work.

“I don’t buy it. I think they’re trying to appease Sandals.”

“If it was a bad time,” Mr Pinder said, when asked to consider concerns that industrial action would be ill-timed given the state of the country’s economy, “ she (Mrs Maynard-Gibson) should have thought about it before she did what she did. We are only responding to what takes place.

“(The AG) picked the time, we didn’t pick the time. The government allowed too many things to linger on for too long. Why did they allow these things to be out there? You can’t neglect these things and then at the end of your term you think it’s just going to go away.”

Mr Pinder, a member of the Gatekeepers organisation, has announced that he plans to contest the Fox Hill constituency in the 2017 general election.

When asked whether he felt his political bid would create a conflict given his union leadership, Mr Pinder said the precedent had already been set with South Beach MP Cleola Hamilton. Mrs Hamilton served as president of the Bahamas Nurses Union from 1999 to 2013, just under a year after she was elected to Parliament.