By ANNELIA NIXON

Tribune Business Reporter

anixon@tribunemedia.net

The Government yesterday suggested there has been a “misinterpretation” of its policy amid union claims that it is seeking to reduce the vacation allowance for members entitled to five weeks’ leave annually.

The Bahamas Customs, Immigration and Allied Workers Union (BICAWU) is asserting that the Government is seeking to cut one week’s annual vacation for staff who have reached a salary scale that entitles them to five weeks.

Deron Brooks, the BCIAWU head, speaking alongside Obie Ferguson KC, the Trades Union Congress (TUC) president, said the union has many matters before the court. One deals with a “circular that sought to revoke one week of vacation per leave per year from staff who, in accordance with general orders and our industrial agreement, had reached a salary scale that entitled them to five weeks’ vacation.”

“Circular number five, issued on March 18, 2024, was also released without consultation. That circular sought to revoke one week of vacation per leave per year from staff who, in accordance with general orders and our industrial agreement, had reached a salary scale that entitled them to five weeks’ vacation. This matter is before the courts,” Mr Brooks said.

“Now on October 7, 2024, the union secretary wrote to the permanent secretary in the Ministry of Public Service. On October 31, 2024, the permanent secretary responded: ‘I am directed to inform that the contents of your letter are duly noticed and are being reviewed, and upon completion, a further communication will be sent to you regarding your concern.’

“That’s the last communication we had regarding that. Subsequently, this secretary-general, on February 17, 2025, again tried to communicate with the permanent secretary in the public service. Due to the fact that we received no further communication, on May 13, 2025, the union’s lawyer advanced the matters before the courts on our behalf. This same matter as well as two other matters.”

Pia Glover-Rolle, minister of labour and the public service, yesterday said the permanent secretary in her ministry received a letter dated September 11, 2025 that addressed the most recent circular 12 where the BCIAWU disagreed with “directives to the department and ministries to not recover accumulated vacation leave from officers”.

The BCIAWU, in the letter, stated that its position is “because your action amounts to a unilateral variation of the registered industrial agreement”. It pointed to section four of the Employment Act that permits the negotiation of better benefits than allowed by law.

“This means that the increases that permitted officers to financially accrue five weeks’ vacation leave, casual leave and being precluded from signing the register, are all better benefits which is envisioned by the Act,” the letter read

The union called for the Government to “rescind Circular 12” and restore all benefits to staff that were disadvantaged by circulars five of 2024 and 12 of 2025”. It urged an immediate response given that the issue had persisted for 11 months or action would be taken.

Mr Brooks yesterday announced the union had reached out to its legal advisors and relevant stakeholders regarding the most recent circular. “In response to this most recent circular, we have already engaged our legal advisors on active discussions with relevant stakeholders, including affiliate unions who are similarly affected,” Mr Brooks said.

“Together, we are working to determine the best path forward to achieve resolution that is respectful of, and compliant with, the rights and interests of our members. In the meantime, we wish to remind our employer, who is the Government, and inform all public servants and the wider Bahamian workforce that no policy circular or administrative amendment can override or diminish existing favourable benefits to which employees are entitled by law, contract or established practice.”

Mrs Glover-Rolle said that, due to a relocation exercise conducted by the Ministry of Public Service, the union’s communication was received yesterday and its labour relations unit has reached out to the BICAWU  in reference to holding a meeting to discuss a misinterpretation of the policy.

“They wrote a letter to the permanent secretary of the Ministry of Public Service on the 11th of September; that was last Thursday,” Mrs Glover-Rolle said. “The Ministry of Public Service is in the midst of a relocation exercise. So Friday, no one was in office to facilitate any correspondence.

“My permanent secretary received the communication today and has reached out to our labour relations unit to communicate or to get a response from the union on a meeting with her and our team tomorrow or Wednesday. So they just sent a letter on Thursday. Today is Monday.

“We’re trying to facilitate, according to the permanent secretary, a meeting to help them through this letter, which was subject to circular number 12, because we have the opinion that they don’t quite understand the policy, that there may be some misinterpretation, and the permanent secretary, who they addressed the letter to, would like to have a meeting to discuss the contents of the circular.

“Circulars are created based on industrial agreements. In terms of if there are any changes, amendments, improvements, benefits through an industrial agreement, it is then relayed through a circular. Article 15 of the Customs, Immigration and Allied Workers Union industrial agreement says that all employees will be entitled to vacation leave in accordance with public service policy,” the minister said.

“Policy that they are speaking of in this vacation leave circular is based on salary scales. Salary scales are amended through the industrial agreement. So that’s all the circular is curing is the salary scales and the vacation entitlements that align with such.

“Where there is a discrepancy, I believe there were persons in scales that were receiving vacation benefits that they should not have received. Nothing was recovered from those persons and my permanent secretary has advised that where there was recovery, it was noted to their ministries, because this happens on a ministry by ministry basis in terms of benefits and vacation entitlement,” Mrs Glover-Rolle continued.

“It was directed that, moving forward, there would be no recovery of the current accumulated vacation leave, and the above vacation that is noted in the circular would be applied to officers going forward. So there is no disenfranchisement to the employees that are affected.

“However, like I said, the permanent secretary to which this letter was addressed desires, and has sent a call out, for the union to meet with her either tomorrow or Wednesday. And I don’t know if she’s received a response or not, but this communication was received on the 11th and, based on the contents of it, in her estimation, there has been some misinterpretation that she would like to explain to them in a meeting.”

Mr Brooks also spoke to a lack of consultation between the union and the employer noting that it has caused “anxiety” among staff. “Let us be clear, these amendments were made unilaterally without any consultation or engagement with the union, which is very troubling,” he said.

“The union firmly believes that any changes affecting employees’ rights, working conditions or benefits must be discussed and agreed upon through the proper and established channels. The failure to consult with the union violates procedural norms and undermines the trust and collaborative relationship that should exist between the employer, the union and the staff.

“These sudden changes introduced without dialogue or negotiation have understandably caused anxiety among Customs and Immigration employees in the bargaining unit, dedicated public servants who carry out their duties with integrity and commitment.”

Mrs Glover-Rolle, in response, added: “In terms of consultation with the union, unions aren’t consulted when internal circulars are sent out in the Ministry of Public Service. The vacation leave policy is based on the industrial agreement. Their industrial agreement is quoted as saying: ‘All employees will be entitled to annual leave in accordance with the public service policy’.”