By LEANDRA ROLLE

Tribune Staff Reporter

lrolle@tribunemedia.net

AFTER hundreds of airport employees refused to report to work yesterday, a court ruling declared the industrial action illegal - with workers ordered to go back to work.

The ruling came from Justice Denise Lewis-Johnson, and was confirmed by a Cabinet minister late last night.

Earlier, Labour Minister Keith Bell called the industrial action “illegal” and warned there could be repercussions should the workers fail to report to duty.

According to labour officials, more than 200 workers from the Bahamas Airport Authority in New Providence and the Family Islands called in sick yesterday.

“There are a little over 200 employees assigned to New Providence. Approximately 90 percent of them did not report to normal duties who should have reported to work this morning,” Labour Director Robert Farquharson said during a press conference.

“In addition to that, there are approximately 107 employees in the Family Islands in over 17 airports that did not return to work.”

The group, which consists of firefighters and airport screeners, are protesting outstanding payments, a stalled industrial agreement and other unresolved workplace grievances.

 Mr Farquarshon said while yesterday’s action led to long lines at airports - specifically the Lynden Pindling International Airport (LPIA) - airport authority officials had mobilised its contingency plan to minimise disruptions.

 This resulted in members of law enforcement agencies being called in to assist with operations.

 “While the lines are long, they are processing passengers both at the domestic and international terminals here at the Lynden Pindling International airport,” Mr Farquharson said.

 In the meantime, labour officials said they are working to come up with an amicable solution with the Bahamas Public Services Union, which represents the Bahamas Airport Authority workers.

 Mr Farquharson said to date, the government has paid out $851,000 to airport employees, most of whom are on the Family Islands.

 He added the government is also addressing the remaining outstanding payments and other issues, which have since been referred to the Industrial Tribunal.

 Yesterday, Minister Bell called for workers to return to work “forthwith” as he expressed disappointment in their “illegal” action.

 He also claimed ministry officials had listened to a voice note purportedly from BPSU president Kimsley Ferguson, advising members “to go to the doctor and obtain sick certificates for five days.”

 “At 8.12am this morning, President Ferguson was advised by the Director of Labour that the matter regarding the trade dispute on outstanding payments owed by the authority was referred to the industrial tribunal and as such any industrial action, including a planned sick out, taken by BPSU could be deemed illegal,” Mr Bell said.

  “In that conversation, President Ferguson acknowledged the advice given by director Farquharson. Based on the aforementioned, and in my capacity as the Minister for Labour, I am formally advising the members of the BPSU that the planned sick out, resulting in members of the BPSU failure to report for normal duty is an illegal strike and subject to the provision of section 77 (2) of the Industrial Relations Act.”

 According to Mr Bell, anyone who is found in contravention of the act can be liable to a fine of up to $200 or a prison sentence not exceeding three months or both.

 When asked if such action will be taken against union members, Mr Bell replied: “I would not necessarily want to venture down the road of there being judicial intervention and we hope and believe that the matter can be resolved.”

 For his part, Tourism, Investments and Aviation Minister Chester Cooper called the workers’ action a “regrettable” one and said the government did not believe they were acting in good faith.

 He also said the timing of the sick out couldn’t have been worse as it came the day the Transportation Security Administration (TSA) was conducting its inspection of airports in the country.

 “The action today we think is a strong-arm tactic and we are going to do what’s best for the Bahamian people. We will not allow the interest of a few to trump the interest of a wider Bahamian community and the Bahamian people,” Mr Cooper said ahead of the press conference at the Department of Labour. Mr Cooper had gone on a walk through at the airport.

“I do not consider this act to be in good faith. We’ve asked the union to compromise and be of good patience. We’ve asked them to work along with our administration and to come to an agreement considering fiscal circumstances of the country and today is most unfortunate.

 “So, we will continue to talk with the union to negotiate - but we will not be held over a barrel. We will not be strong armed. We will do what’s in the best interest of the Bahamian people.”

 On Sunday, Mr Ferguson told The Tribune there was not enough movement by the government to resolve their longstanding concerns, saying workers have had enough.

 “Our agreement is set to expire next year. The dates in the agreement for staff at the Airport Authority needed to be changed and the entire industrial agreement had to be sent in again due to it expiring due to the length of time taken completing negotiations,” he said.

“We have gotten no word on when the agreement would be signed. No one has reached out to the union. I would have reached out to an official of the airport authority who declined my call.”