By RICARDO WELLS

Tribune Staff Reporter

rwells@tribunemedia.net

WATER and Sewerage Corporation Executive Chairman Adrian Gibson yesterday defended the decision to terminate three employees previously arraigned on, but never convicted of charges of theft from the water provider, insisting the move followed all necessary protocols.

Responding to comments made by Bahamas Utilities Services & Allied Workers Union President Dwayne Woods last week, when he threatened to "withdraw enthusiasm" if the workers were not reinstated, Mr Gibson maintained the decision was made with adequate legal consideration.

Mr Gibson said WSC executives have no intentions of cowering to threats and unreasonable positions.

"We have also heard of threats to our supply," Mr Gibson said. "The board of directors and management would not take any attempt to sabotage corporation equipment or disrupt the service of WSC customers lightly.

"The country will not be held hostage; that would be unacceptable."

He also said: "It is always disappointing when a union leader seeks to ventilate matters in the press and in the public domain rather than speaking with the management and board of directors," the Long Island MP said.

"This has, unfortunately, become a tactic employed by Mr Woods on various occasions, bypassing process and failing to abide by the industrial relations protocols as are subscribed in the industrial agreement."

Mr Gibson said clause seven of the corporation's industrial agreement with its workers specifies that both sides endeavour, at all times, to reach an amicable settlement on all matters.

According to Mr Gibson, Mr Woods has opted to play out these proceedings in the press.

"WSC did not break the industrial agreement or any other laws of the Commonwealth of The Bahamas when the decision was made to terminate -- with notice -- the employee of three men recently charged before the courts.

"WSC has done its due diligence and determined that it is in the best interest of all parties to sever the relationship.

"WSC has carefully reviewed the industrial agreement and all labour laws; and gotten an opinion from Harry B Sands and Co. There has been absolutely no breach. Just Friday, Minister (Desmond) Bannister and I met with the union leader. We pointed out that, contrary to published commentary, no labour law or agreement was violated."

Mr Gibson went on to specify section 34.03 of the industrial agreement, which gives the right to the corporation to terminate the services of any employee if it gives reasonable notice, in writing, having regard for the following criteria: length of service, age of employee, status, loyalty, education and training, health and chances of alternative employment.

"The former employees were all given generous separation packages that included salary up to the point of termination, all contributions to pension, vacation pay, accrued sick leave pay, et cetera," Mr Gibson said.

"Frankly, due to an inability of the police and other process servers to serve summons on two key witnesses, the prosecutor--acting on WSC's behalf--requested that the matter be set aside and discharged."

Mr Gibson contended that a discharge does not signal an acquittal and the case could be brought back before the courts.

Mr Gibson also referred to a recent exercise at the corporation where he said Mr Woods was, upon a formal request, promoted.

However, in trying to hold on to his post within the union, Mr Gibson said Mr Woods requested the move be delayed until he concluded his current tenure as president.

"We informed him that that was an unusual request and one that we could not meet," Mr Gibson said. "He then indicated that he would have to rescind. I requested that he send the same in writing. He did so.

"Mr Stevens, who was Mr Woods' deputy also requested a promotion. We granted the same and Mr Stevens, who is here with us today, accepted and promptly tendered his resignation from his post in the non-management union."

Last week, Mr Woods was quoted as saying: "We just had a promotion list that was done consisting of more than 31 persons that was done unorthodox to the agreement and we're asking the corporation and the board to level the playing field in that regard."

He also alleged that the union's president and vice-president were "promoted without consultation."

Responding directly to the claims yesterday, Mr Gibson said the industrial agreement between the two parties gives WSC the right to promote, transfer, rotate, suspend and reprimand workers, among other things.

"Given the same, promotions are within the purview of WSC management," he said.

Mr Gibson said as executive chairman, he has fostered an open-door policy at WSC. He urged union officials to sit down with executives to satisfy gripes.