Court Grants Injunction In Post Office Dispute

February 1, 2013 | 88 Comments

[Updated with video + The Supreme Court granted an injunction preventing a planned work stoppage by the Post Office staff, with a clause in place so if the Postal Workers strike on Monday the BIU will be penalised]

Members of the Postal Division have downed tools to express their disagreement with a fellow worker being fired.

The dispute was over a postal worker who was charged with criminal offences — but never convicted — and was subsequently fired. BIU President Chris Furbert maintains that the individual should have been reinstated after being cleared.

Video of Mr Furbert’s statement:

A statement from the BPO said, “The employee’s termination was unrelated to the criminal proceedings. After a thorough investigation of the matter, the employee was found to have violated the Post Office policies and postal regulations governing his employment resulting in the disappearance of a mail package that was in his possession from the mail system.”

The BPO also noted that the BIU has “demanded an unconditional guarantee that its members will not be terminated for losing mail,” which the BPO said “would not be in the interest of the public.”

This is one of two industrial disputes brewing, with hospital auxiliary nurses also threatening to take industrial action over pay issues.

The full statement from the BPO is below: 

“The Bermuda Post Office [BPO] regrets the current impasse between the BPO management and the Bermuda Industrial Union [BIU]. However, the safety and security of the postal system is paramount to Bermuda’s reputation for economic and social stability and for public security and safety. It therefore is expected that all persons who are employed by the BPO to process and deliver mail items will conduct themselves with the highest level of integrity and diligence.

“To be fair to all BPO employees, and for clarity, the BPO management advises the public that postal workers customarily conduct themselves with the highest degree of integrity and professionalism. In this instance an employee was terminated approximately two years ago because a package was loaded into his van and disappeared from his possession.

“The employee was found to have gone off the established delivery route and the package disappeared from his possession at that time. The BIU’s position is that since the employee was acquitted of the charge of conspiracy to import cannabis into Bermuda; he should be reinstated by the Post Office. This is a misconception on the part of the BIU. The employee’s termination was unrelated to the criminal proceedings.

“After a thorough investigation of the matter, the employee was found to have violated the Post Office policies and postal regulations governing his employment resulting in the disappearance of a mail package that was in his possession from the mail system.

It was and remains the position of the BPO that this infraction served to undermine the public trust in the security of the Post Office and it brought the Bermuda Government into disrepute. It was and remains the BPO’s opinion that this infraction constituted Gross Misconduct and the employee was rightfully terminated in accordance to the provisions as set out in the BIU Collective Bargaining Agreement [CBA].

“In addition to the reinstatement of the terminated employee, the BIU has demanded an unconditional guarantee that its members will not be terminated for losing mail. The BPO believes that it would not be in the interest of the public, the reputation of BPO employees or the security of the Bermuda postal sector for the BPO management to not investigate allegations of postal and work place infractions as outlined in the Bermuda Postal regulations and to address them in accordance the established due processes as set out in the BIU CBA.

“The BPO management does not believe that all avenues under the BIU CBA have been exhausted and has requested that the BIU refer this matter to arbitration. To date the BIU has declined this request. The BPO values the working relationships with its union partners and is hopeful that despite the current impasse that sound reasoning will prevail.

“The Bermuda Post Office apologizes to the public for any inconvenience that this impasse has caused. The public is advised that the BPO does have contingency plans in place to minimize the disruption and to ensure that the public will continue to be able to access its mail.”

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Update 7.48pm: Attorney General Mark Pettingill said that the Government has been granted an injunction by the Supreme Court preventing a planned work stoppage by Bermuda Post Office staff.

There is a Penal Clause in place, so if the Postal Workers go on strike on Monday the BIU will be penalised.

Minister Pettingill said the Exparte application was made jointly by the AG’s Chambers and the Ministry of Home Affairs but the Bermuda Industrial Union was notified of the application.

The Attorney General’s chambers argued that the Post Office constituted an Essential Service and the judge agreed and granted the application for an injunction.

Minister Pettingill said: “As the Government works to reinvigorate Bermuda’s economy and provide jobs, we and indeed the country cannot afford wild cat strikes that disrupt our economy. We will use whatever legal powers are available to prevent such actions.

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  1. Winnie Dread says:

    They just downed tools??? wow, don't know why I thought our postal SERVICE was closed years ago.

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  2. Fur But says:

    Mail allegedly disappears and it should be ok? My suggestion is.. They want to down tools and walk off the job? Fire them all.

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    • Tooth Fairy says:

      I agree - they have one primary purpose. Take mail from Post Office and deliver it! A package goes "missing" however, the BIU has “demanded an unconditional guarantee that its members will not be terminated for losing mail,”

      What is wrong with this picture? This is why the people of Bermuda lost respect for the BIU. They defend anyone (wrong or rght, drunk or sober)!

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  3. Sandgrownan says:

    And noone noticed

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  4. Bobmarlin says:

    Find workers who want to work!

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  5. bermuda boy says:

    We have e-mail, facebook and the other communication sites, do we really need that many people anyway. Afer this is over, have a survey to find out!

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  6. Nuffin but de Truth! says:

    Bermuda Post Office is the worst and laziest service service in the World!

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  7. King Jammys says:

    Fire them all........

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  8. Um Um Like says:

    I'll say it again: they wouldn't have been working in the rain anyway!

    ...great excuse to start the weekend early.

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    • Webster says:

      um um, I never receive mail on a rainy day but if I drop by the post office they have my mail .
      I was wondering why the dismissed postal workers case has just come about now ? brother Chris why the hell did you not bring this up when the P,L,P.were in charge ? I have been keeping track everytime you make your ridiculous threats you suddenly appear on a certain talk show, like they say birds of a feather%^&* together.

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  9. Let the good times roll says:

    I walked by, thought they were just on lunch break.

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  10. Triangle Drifter says:

    Gee, who would notice?

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  11. BTW says:

    You have got to be kidding me! My fellow Bermudians - so often you embarrass me. This guy was fired on sufficient grounds. I work at the bank. If I "lose" something important relevant to my job - where there was reasonable cause to believe criminality but perhaps not provable in a court of law or dispensation on some technicality - where the public's trust of my stewardship of their money is questioned - I need to lose my job. I can't believe Chris Furbert would support the sentence "He should not be fired for losing mail." Chris and the BIU - you are ruining this country. You are ruining our Bermudian workers thinking this stuff is okay. It is not.

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  12. Ty says:

    You would think they would do all they can to keep their jobs. All of my bills come electronically. If all Bermudians were to get their bills this way the Post Office would be cut down to a staff compliment of maybe two persons.

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    • Webster says:

      Ty, I also receive my bills electronically and so do most people, so there is no need in my opinion for a post office anymore .
      When was the last time any of you went to a post office ?
      So in my opinion the B.I.U. are fighting a loosing battle....

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    • so done says:

      What you and Webster are forgetting is that not everyone gets their bills electronically. There are still many elderly people on the Island who do things the only way they know and that is get their mail and go directly to the company and pay their bills. Do you honestly think they are online and getting anything electronically? That's just not a feasible option, we cannot do away with the Post Office no matter what. I myself have things that must come to me through the mail and while it would be miraculous to actually get mail in a timely manner it's just not going to happen. It never has...I would almost wager that the Pony Express was more reliable.

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  13. Zombie Apocalypse says:

    Does this mean they're on a 'go-slow'? And how would this differ from normal operations?

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  14. jt says:

    another unethical (illegal?) action from BIU - how do they expect to anyone to respect them?

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    • Webster says:

      it says , I am hearing a lot of union members are fed up... and are going to give up their membership.

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  15. Will says:

    couldnt they have downed their tools during their ridiculous 2 hour lunch break?! im assuming its two hours as Somerset Bridge office is closed from 11-1pm for 'lunch'...and then after all of this put in an hour lunch and make the post system more reliable.

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  16. M.T. Pockets says:

    "the BIU has demanded an unconditional guarantee that its members will not be terminated for losing mail"

    Are they serious? What if they lose a whole bag of mail, no consequences?

    Postal workers have a responsibility to deliver mail, not lose it or throw it away if it's too much trouble to deliver. Their work load has decreased so much in the last few years with the advent of electronic mail and cluster mailboxes which save them from door to door delivery. With that extra time one would think the service would improve but it has steadily declined to a ridiculous low level. Now they seriously expect to be not held liable for loss or theft or any mishandling?

    Shaking my head so much it's rattling.

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  17. Sorry Sir says:

    Oh man. Furbert is really hitting it at all places. Docks, Hospital, Postal service. I swear he's trying to take over the island or trying to make the OBA's job as difficult as possible because his beloved PLP did not win the election.

    Aye Furbert. ---

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  18. SYTYCD says:

    "the BPO does have contingency plans in place"

    Good, hopefully these plans are effective. Now all government departments should take this page from the BPO playbook.

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  19. Ride says:

    This is precisely the ignorance that Bermuda is tired of with the BUI. The employee has been terminated in accordance with the collective bargaining agreement. The agreement that you agreed to!!!!!!!!!!

    Where is Thatcher and Regan when you need them? This is ridiculous.

    Ride

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    • Ride says:

      BIU, that is. So infuriated that I'm mistyping.

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      • spoons says:

        If you want Thatcher back you really need to read up on your history. Good Lord, what an ignorant comment to make. Thatcher destroyed an industry, families lives, and brought poverty to an entire region. Go read a book before you make such ignorant comments.

        Chris Furbert: You are a shameful representative and are so caught up in your own ego that you have forgotten your primary role. Why don't you bother to find out the impact of a meaningful, publically supported, strike? You undermine the whole process with your endless threats and facile actions. I support unions, but not with the likes of you in charge.

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        • Ride says:

          Perhaps you should have a reread. The unions, not Thatcher, destroyed an industry, families lives, and brought poverty to an entire region. They believed they controlled the industry and they cut off their own noses to spite their faces.

          The BIU has become as they were. It needs to stop.

          Ride

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  20. 32n64w says:

    "the BIU has demanded an unconditional guarantee that its members will not be terminated for losing mail."

    Um, isn't that their primary job? The safe and efficient delivery of post?

    What's next? The BIU demanding an unconditional guarantee that Marine & Ports or Bus workers will not be terminated if they lose a ferry or bus? Does the BIU even understand the concept of accountability?

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  21. just sayin says:

    All other issues aside (which there are alot with the postal service) a man should not be fired for loosing a package. Everyone makes mistakes and most of the time we learn from them. if this however is a re-occurring event then yes...fire his ass.

    ^ based off principal...no idea who this guy is or what his character is like in real person.

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    • just sayin says:

      All other issues aside (which there are alot with the postal service) a man should not be fired for loosing a package. Everyone makes mistakes and most of the time we learn from them. if this however is a re-occurring event then yes...fire his ass.

      ^ based off principal...no idea who this guy is or what his character is like in real person.

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    • .am says:

      That would be fine if everything that was sent via standard mail was a bill or a postcard.

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  22. There is more to this story. Peel the layers back on the "Bermudian Onion" people. A postal packege goes missing? Hmmmmmmm.....

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  23. bermuda boy says:

    How do we know when the post office is on a go slow? Mail Boxes / Zipex all dee way.

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  24. OMG says:

    Give the total service to Mailboxes - they will show them how to work and get fired if need be.

    Furbert again trying to protect his workers for bad behavior.

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  25. Victor says:

    Privatize it, end of story.

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  26. MJ says:

    Srand strong OBA. The BIU can not afford strike pay for the dockworkers, aux. nurses and the post office workers. It may be uncomfortable at first but very soon Chris and the BIU will follow the footsteps of the PLP and implode. Then hire Bermudians who are willing and able to do an honest days work.

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    • LaVerne Furbert says:

      So MJ, you are saying that the dockworkers, auxilliary nurses and the postal workers are not willing and able to do an honest day's work for an honest day's pay? Hopefully, this is not the sentiment of the OBA Government. If it is, Bermuda is headed for some serious times.

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      • Webster says:

        Lavern, why did you and the union not deal with these problems when the former party were in power ?

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      • Family Man says:

        Where are those accounts LaVerne? The membership would like to see where their dues have been going every week. I bet all that money has found its way right into...

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      • MJ says:

        @ Lavern Furbert. You seem dizzy from all your spin.
        Your political party of choice have let you, your family, and BERMUDA down with your full support. The PLP had a golden [or is it platunium ?]oppertunity over the last 14 years to improve Bermuda from the "bad" UBP but, instead chose to trash the island with greed and self service.
        The name Furbert is being tainted in Bermuda...with you and Chris.
        80% of Bermudians are great workers with integrety. The issue is that you promote the 20% usless and lazy.

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      • O.B. says:

        Laverne, I thought you were no longer reading the comments section on Bernews?

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    • Webster says:

      MJ, you are so right, the B.I.U. know that their days are numbered.

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  27. M.P.Mountbatten JP says:

    Didn't the post office give that job away to the COH employee who slapped the teenage girl and was fired for it ?

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  28. LaVerne Furbert says:

    "The dispute was over a postal worker who was charged with criminal offences — but never convicted — and was subsequently fired. BIU President Chris Furbert maintains that the individual should have been reinstated after being cleared."

    Bernews, to be clear, the postal worker was exonerated by the courts.

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    • Tooth Fairy says:

      Read Slowly LaVerne:

      A statement from the BPO said, “The employee’s termination was unrelated to the criminal proceedings. After a thorough investigation of the matter, the employee was found to have violated the Post Office policies and postal regulations governing his employment resulting in the disappearance of a mail package that was in his possession from the mail system.”

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    • Seriously???!!!?? says:

      Not true laverne. The worker {a BIU shop steward} was fired before he was charged with any thing. He was fired for Gross Misconduct. The Union is pushing this and not all postal division workers support this action. Check your boss!

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    • OZ says:

      The post office says that the firing had nothing to do with the criminal trial so if the Union believe he was unfairly dismissed they should put this before the court and not be involving others.

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  29. Balanced Facts says:

    NEW FLASH! A-G got an injunction against the B.I.U for an unlawful strike action...no messing around it seems!

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  30. Seriously???!!!?? says:

    What Chris is leaving out of the story is that the employee was a BIU shop steward at the time and it is the Unionwho is pushing this -not the employees. They couldn;t even get their full division out to the meeting! The stuff about losing letters was stirred up by the BIu because they knew that they wouldn't be able to get the workers to down tools for this guy.

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  31. The Explainer says:

    OBA offer LaVerne a job as
    the Explainer and you will see how loyal she is to her beloved plp.

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  32. Nation shall rise up against nations; there are wars n rumours of war....and the way I see this island's condition at this time, resembles the movie 'Titanic'; and even though we see the iceberg on the horizon, (so to speak),we still seem to be fighting within n without about who is going to be the captain of the ship. BUT if we don't stop this presentation of instability among the political parties, then how do we stop our gangland thugs from killing one another, when those in position to run this island is up in arms continuously. If it is not one thing, it is another.
    We are a minute island n we seem to harbor so much animosity amongst the ranks. If there is success at the top, then it must have a trickle down effect where ALL receive some of the spoils. However, when there are mixed up moods n attitudes then we remain like the "Titanic" on a collision course and it must be changed before we suffer serious loss. Many, many people on this island is suffering drastically n at last check, there was no room for improvement n our leaders are squabbling, because one party doesn't want the other to govern. Now to add insult to injury, there has been so many wildcat strikes, that the OBA, in the interest of the island refuses to allow our economy to be further strained and are cautious with the BIU.
    My question is, how do any of you, expect the people of Bermuda; to be confident, in any of you to bring us out of this mess as it seems like it keeps sinking. The ones whom are there to lead us forward are always up in arms and sending things (us) further back.
    Even though this worker ran aground, n his employer want to dismiss him for doing his job....BUT the law of the land exonerated the accused from all charges. Now if the law of the land freed this individual on all charges, then where does the BPO come in above the law. To try and use another method of dismissal is unjust N unfair as the accused was supposing fired on different issues at that time. . Continuation of higher ups usurping their powers; (no disrespect at all) because they can, is a very unheathy practice in these present economical days. Please do not use your posiiton to hinder anyone just because you hold office. Sometimes forgiveness n a second chance can make someone the best or one of the best on the job. Sometimes we MUST lose the altitude we carry whereas there is nothing that you want do when you can. Bermudians are getting tired of the rhetoric. Stop it and act right. With due diligence let all concern do the job that we the people voted you in to perform......not fight religiously......jus' saying. Where is the change? Huh!!!!

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    • George says:

      You should read the news report before making comment or passing judgement on anyone/any body. It quite clearly states that the individual in question was not dismissed for the same incident for which he was exhonerated by the courts. He was dismissed for gross misconduct.

      You also need to ask yourself why it has taken two years for the BIU to act on this matter? It's been two years since his dismissal, why is the union taking a stand now?

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  33. Bullseye says:

    This is the BIU dipping their toe in the water to see the temperature. Everyone knows wage cuts within govt. are coming. That is where the real fight is and the sooner the better.
    The shame with the union is that they promote unity over integrity. The minority who are lazy and just collecting a paycheck will cause a paycut for those who are working hard and producing for govt and the people of Bermuda. The lazy will march and cry poverty whilst they have been skiving off and they will claim that they built Bermuda with their blood, sweat and tears every day whilst really they slept in their trucks each afternoon. Then there will be the clerical worker who has busted her tail for five years with minimal increase taking a paycut because the island cannot afford to pay so many administrators for there isnt the money or the work. Yet that girl will work harder for less and that guy will still sleep afternoons in his truck. The unity of the Union is now poised to hurt the good workers within Government.

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  34. tired of the petty people says:

    It states quite clearly “In addition to the reinstatement of the terminated employee, the BIU has demanded an unconditional guarantee that its members will not be terminated for losing mail. "
    What a joke - the Post Office is meant to deliver mail, not LOSE it!!!

    So what next, a doctor should not be fired for prescribing the wrong medication, a dentist for taking out the wrong tooth, a lawyer for breaking the law ... for God's sake, it is their JOB to deliver mail, not lose the stuff. Give the jobs to others who need them - Chris Furbert makes me sick supporting these people.

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  35. O.B. says:

    There can be no more room for the BIU's nonsense if Bermuda is going to survive. The economy is too bad and there is now too much competition. It's time for the Government and the courts to do all they can to squeeze out the BIU's relevance. As they do this, members will no longer see the point in having BIU membership which will ultimately lead to the BIU's demise. Hopefully.

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  36. Django unchained says:

    Great decision by the AG's chambers.

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  37. Seriously???!!!?? says:

    @ Bernews: You account is incorrect. The employee was fired before he was charged by the police for any criminal action. The firing had nothing to do with the court case. Also not all BIU postal workers downed tools . The fired employee was a BIU shop steward at the time and the BIU is pushing this matter. Also the union only brought up the spin about the fear of losing leters because it knew that the employees would not back this action any other way.

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  38. love this place says:

    damn I Love how you ppl feel so big right now.

    Trust and believe that an injunction will not stop an island wide strike.

    And you can bitch and man all you want on here but show up at the picket lines and voice your loud protests.

    I dare you

    ..all you internet heroes

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    • O.B. says:

      LOL

      Times have changed. People are out of work right now and would love a job. If they want an island wide strike, then so be it. Fire whomever strikes (and I guarantee you many people will not strike knowing they will not find other employment) and hire any unemployed person who wants a job. The people who didn't strike should take management positions and train the new hires. If there's not enough people to fill the roles, bring in other people from overseas. Enough of the BIU now. Glad there's a government who will not pander to the BIU.

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    • Verbal Kint says:

      This is a ridiculous comment (threat). The Union is financially unstable. How are they going to support an Island-wide strike. And just cause you brought it up, I have a rhetorical question. What are you going to do if 1,000 show up at the picket line to take you up on your offer? Be careful what you dare people to do.

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  39. Bobmarlin says:

    The BIU is not interested in working with the OBA.
    They have an agenda to help get the PLP in power,even if it ruins Bermuda!

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    • Seriously???!!!?? says:

      @ love this place: whatever...Yawn. Why should we waste our time wathing you losers marching up and down when we can watch and comment from the comfor of our warm homes. Internet herpes? Aww.. is a having a icky tempy tantrum.. Aw muffin!!! OO wanna cookie? Oops heroe - not hepes ( hee hee)!

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  40. Alvin Williams says:

    In the 1981 labor conflict the than UBP government was taught an important lesson; ' You break the union you break the country'.
    Now that we have a new pharaoh sitting on the throne; the OBA government;it is not too early to teach that very same lesson. speaking further on the policies of this new pharaoh in regard to a recent statement made by it's finance minister with respect to shared sacrifice. 'Yes I agree as long as that sacrifice spreads from the banks to the supermarkets. Finally in regards to the OBA doing away with term limits. Thousands of Bermudian parents even grandparents have made great sacrifices to educate thier children overseas. It is no way --- am I prepared to be rational in defence of my country's children future employment rights in thier own country.

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    • Verbal Kint says:

      Huh?

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      • Who wrote the report? says:

        It is just one more threat of upheaval and violence emanating from the PLP/BIU camp. They are seeking to bring BDA to her knees simply because the election didn't go as planned. Between the BIU pledging to give the new Government a rough ride in regards to labor relations and the PLP prohibiting any members from joining any Government boards demonstrates th all or nothing attitude when it comes to power. Then they turn around and complain about the composition of Government boards/committees and accusing the Government of not working with all sectors of the community. It would be a joke if it wasn't so pathetic. Basically the PLP/BIU are not different than the Republican dominated House as they will be simply seeking to obstruct the Government no matter the subject and simply for their thirst for power and utter disdain that anyone else but them could be the Government. Their recent actions and rhetoric (like above) shows the BIU/PLP have no desire to work with the Government and would rather stoke unrest simply because they can. From the numerous threats which have been posted lately I truly hope they are simply nonsense because Bermuda couldn't handle that ignorance right now. I hope someone is paying attention.

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    • Seriously???!!!?? says:

      @ Alvin Williams: ain't you the guy who got the Biu workers voice out of the media council because of misinformation you printed? also aren't you one of those dead beat postal workers? Love the threat comming from a dying postal sector employee. the Post office is a dinasaur and you and your union are relics too! You refuse to come into the 21st century with your thinking and member accountability so you deserve to be busted. Good riddance - nowgo crawl back into your tar pit!

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  41. bermuda boy says:

    OBA are running the ship (what's left of it) PLP don't play a part in anything they do. Also, time to put the breaks on the BIU, Furbert could be put out to pasture, where he should be.

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  42. Alvin Williams says:

    You' who don't have the courage to sign your real name instead spew your false invective from under a rock. read the next issure of the Workers Voice and discover the truth about this issue between me and KFC if you dare-you tunnel rat

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    • Rockfish#1 and#2 says:

      There are a number of reasons why people do no sign their real names when posting.
      There have been instances of them and or their family members being threatened and harassed on their jobs as well as in the streets and at social functions. Sad but true!!

      Maybe that's the reason why there are so many Trumps.

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  43. yes says:

    the lazy hazy days of licking and stickin stamps and expect people to wait in line for an eternity while ace girl takes her sweet time is ova wake up bermuda be thanking they still wanna pay ya all for jack sh...

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  44. yes says:

    um going down KFC for some umumumumum chickan tastes vell

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  45. Seriously???!!!?? says:

    @Alvin Williams: I Go back t work and give an honest days work for an honest day's pay. I The Workers voice used to be a decent paper - now it is a propaganda rag!. And, i don't sign my name because i don't have tq - just like you PLP bloggers don't sign thier names!

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