OBA: It’s Time For Responsible Behaviour

August 18, 2011

Trevor Moniz, Shadow Minister for Justice and Attorney General, released a statement following yesterday [Aug.17] withdrawal of services by bus operators saying, “There is no apparent justification for this situation to deteriorate to the point that Bermuda is crippled by a transport strike. It’s time for responsible behaviour all around.”

The Bus Operators and Allied Workers Division of the BIU voted to go on strike after bus driver Jennifer Harvey was fired for refusing to take a drug test on five separate occasions. The Transport Ministry said Ms Harvey was asked to take the test after an accident, caused by her forgetting to lift up the handbrake, causing the bus to roll and injured a passenger’s hand.

The full statement by Mr Moniz is below:

How is it that we can have a labour government that cannot reach agreement with a union and a union that cannot reach agreement with a labour government?

The failure to resolve this situation is a failure of leadership, a failure to go the extra mile to reach agreement. As a result, the country is being held to ransom and the people who least can afford the disruptions are the ones most affected.

We have looked closely at the situation and believe it may hinge on two competing documents – the collective bargaining agreement and the employee’s terms of employment.

On the one hand, the Transport Minister says the bus driver at the centre of the dispute agreed in her terms of employment to urine testing and “other tests ordinarily necessary” for the presence of alcohol, marijuana and cocaine.

On the other hand, union boss Chris Furbert maintains the worker’s refusal was based on Transport officials asking for a hair follicle test instead of a urine test as stipulated in the collective bargaining agreement.

If the two sides are simply holding to positions in competing documents, then an arbitrator needs to be appointed quickly to settle the matter – as provided for in law – and strike action should be withheld.

There is no apparent justification for this situation to deteriorate to the point that Bermuda is crippled by a transport strike. It’s time for responsible behaviour all around.

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Comments (28)

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  1. PDB says:

    Finally some clarity on why each party have taken the stance that they have. Thank you Mr. Moniz.
    As for the Minister and the Union. Sort it out! Be grown ups.
    Mr. Lister – why let it get to this when you know the Union has the CBA to stand on? If there’s a discrepancy, fix that first, put the driver on probation, whatever acknowledges mistakes on both sides and prevents it from happening again. If there’s more to it then TELL the public. Why are we waiting on the OBA to clarify? Be a LEADER. Maybe you can win this fight but can BERMUDA afford it right now?
    Why isn’t the AG clarifying for the public? They make alot of money. Do your job.
    The Union – if there’s possibly a drug problem with a bus driver you need to sort that out.
    Otherwise, withhold all industrial action until you file your financials! You are being hypocritical by holding everyone else to the rules when you don’t follow them yourself. That makes you SOFT. You are mis-representing. Get it together, show some STRENGTH and do what you are required to do.
    BERMUDA needs that. Your MEMBERS need that. The PEOPLE need that. Remember people in glass houses…

    • Sadmab says:

      Don’t trust a word the athias Trevor Moniz says. He’s jet jumping on the band wagon
      Lookin votes for their old boy association for Michael dunkley

      • PDB says:

        The point is that neither the gov’t nor the union have clarified where the discrepancy between their stories exists, i.e. the difference in the language between CBA and the terms of employment. If that is the main issue then Mr. Moniz is right – this has gone way too far because both sides have a defendable stance and document. Get someone in there to sort it out without going to strike. It’s OBVIOUS. Letting it get this far is poor leadership from both sides.
        Where is the ombudsman? This would seem right up her alley.
        Stop scrapping about who the messenger is and focus on sorting this thing out for the LONG TERM benefit of BERMUDA.
        Like it or lump it this is the role the Gov’t has been elected to fulfill (leadership).

  2. Keep Talking says:

    OK, so Pat Gordon agrees with the Decision, but you try to (as usual) make a political point…. YAWN!

    Let me guess Moniz, you would have avoided the strike by not requiring her to take a test. OK, thanks OBA for being completely transparent with your silly politicised statements.

    Then we have Michael Dunkley (who never met a cliche he didn’t like) on the radio “Put Bermuda First” “Compromise not Conflict”. What the hell are you saying, that you would have compromised with the BIU and let her not take a test and go back to work.

    Ahh, OK I’m all clear now (NOT!), OBA GET A CLUE!

    I’ll take Pats version thank you, let the muppets strike!

    • star man says:

      R U insane? Sure sounds like it. This ridiculous strike has nothing to do with politricks and everything to do with “doing what is right” for a change. The woman was wrong to refuse the drug test. The Union is wrong for supporting her. And the poor folks who need the bus service the most end up paying for it. Chris Furbert, IMO, is nothing but a self-serving, over-paid, semi-literate BULLY. I don’t condone firing the drivers… but to strike over one woman’s selfish, even potentially dangerous actions is way off the mark. And it’s not right. Don’t back down Terry.

      • Hmmm says:

        This poster is not insane. He’s simply referring to the political nature of Mr Moniz’s remarks. No solutions were contained therein. Pointless.

        • sandgrownan says:

          Well, the government have acted with the only solution available to them at this stage. And rightly so. Moniz is just pointing out that it shouldn’t have come to this.

        • Black Soil says:

          He mentioned a solution. Read the second last paragraph. And you seem to be the one freaking out whenever critisim comes your way…and instead of offering suggetions writing everything off as politics. Deal with reality and maybe you can one-up Trevor.

        • star man says:

          “No solutions were contained therein.” We keep telling you lot it is not the responsibility of the Opposition to make suggestions to the Gov’t on how to solve problems the Gov’t created!

          “It’s time for responsible behaviour all around” is the way to go as Mr Moniz suggested above.

          If you want new ideas & solutions simply vote for the One Bermuda Alliance at the next election.

        • sandgrownan says:

          Furthermore, the subtext, is that the PLP government have bent to the wishes of the Union so much (think performance bond, financials, reinstating fraudulent drivers, drunk ferry drivers etc etc.) that the union now behaves liek a spoiled child. So, yes, Moniz is malking political capital, but he’s right to point out the failure.

          It adds a sense of reality while we go around applauding Terry for being “strong” (so far).

        • You probably think I'm crazy says:

          So…

          “If the two sides are simply holding to positions in competing documents, then an arbitrator needs to be appointed quickly to settle the matter – as provided for in law – and strike action should be withheld.”

          … is not a solution?
          Why don’t you read before you comment?

  3. Onion says:

    Thank you Trevor. Let’s see some action on your party’s part. Sign up to give people rides to work. See link.

    http://www.facebook.com/pages/Help-give-a-ride-to-work-Bermuda/252118261476780

  4. sandgrownan says:

    I’m not Moniz’s biggest fan, but there’s nothing wrong with his statement.

    It is perfectly reasonable.

  5. haha says:

    Moniz statement in and of itself is fine, but Pat Gordon Pamplin already stated that the she agrees with the Government on this. I don’t understand why the two are giving conflicting statements, coming from the same party, unless of course they are jockeying for internal leverage in advance of the leadership elections…

    • sandgrownan says:

      Perhaps Pat is applauding the Govs. currently strong stance? All Moniz is saying, it shouldn’t have come to this.

      • haha says:

        Moniz just wanted a share of the spotlight. Pat is former UBP Deputy, Moniz is most recent UBP Deputy…a little jockeying for position perhaps…

        • sandgrownan says:

          Yeah maybe, I’m not naive enough to think there isn’t an opportunity for some political capital to be made. Labour government fighting with a union is music to the ears of some.

          That said, none of the comments have been unreasonable, whatever the motive (almost tempted to say irregardless of motive!).

  6. specialgirl4 says:

    “How is it that we can have a labour government that cannot reach agreement with a union and a union that cannot reach agreement with a labour government?” This is not unusual for both not to agree upon various issues from time to time. The role of government is different from that of a trade union. Government represents all the people, the Unions only a certain sector of people.

    This would also be the case if the “Repackaged Opposition” was faced with the same situation. It is the responsibility of the Union and government to first work thru a series of actions and proceedings of the “Collective bargaining agreement” and “Code of Conduct.” The process and procedures often takes time. It requires that each side listen to the facts presented by either side. The opportunity must to be afforded to the employee to follow thur with the process. If all else fails, than (management) government should take the next step. Unfortunately, it may result in positive or negative outcome, with one side agreeing or not agreeing. But the process has too run its course. As the Collective bargaining agreement and other regulations govern the process, the government must follow it thru, and can not just over-ride the regulations, without first giving it the opportunity to work .

    The failure to resolve this situation is not a failure of leadership, or a failure to go the extra mile to reach agreement, but an attempt by the government to repect the process in place. If the “Repackaged Opposition” becomes the government of the day, they will also have to follow the same procedures and regulations. The Union and government will not always agree on all situations, regardless if they both represent labour. It is easy to speak, when your not the one actually involved in the real negotiations.

    However, here is a recommendatin that might need to be consider, revision of the Collective Bargaining agreement may require a change regarding the drug testing, and the use of drugs on the job. For example, persons should automatically be fired for testing positive for the use of drugs, if they do not report they have a personal problem. Please do steal my recommendation Repackaged Opposition OBA/UBP……lol….

    • sandgrownan says:

      I believe mandatory drug testing has been a goal of many for a long time. It’s not your recommendation, don’t claim it as your own.

      And keep banging the “repackaged opposition” drum numbnuts. Four lengthy paragraphs to reinforce the phrase. Give me a break.

      • specialgirl4 says:

        You did not read my recommendation correctly, Mandatory drug testing has been in place for a long time. However, The policy should require Operators to report that they have or developed a drug problem first to management. If during a ramdon drug test, the results are positive, and they fail to report they had a problem, they should be automatically fired.

    • LOL (original) says:

      I disagree they have a responsibility to attempt to help the person in question making a better citizen of the offender. Or do you not agree with trying to better the country even if it is one citizen at a time.

      LOL

  7. Jim Bean says:

    Hey specialgirl4 – please admit you are a plp plant on this blog. it is so obvious and pathetic!!!

    • specialgirl4 says:

      Guess your the Press officer of the “Repackaged Opposition”. thats okay, we all have our own political favorites, and there is nothing wrong with that !!! So you are a plant for the “Repackaged Opposition”??

  8. ShrewDeTreez says:

    I know this is for a good cause but……we are hurting ourselves Bermuda. Our tourists are not going to want to come to this island anymore if every time there is a strike on transportation and they are not able to get around. Its not like we have an aboundance of taxis for 64,000 people and tourists. How are we to correct this problem.

    Here’s a suggestion: If one form of transportation is on strike (ie. buses) lets put more ferries on. Make a strike schedule and advise the public if they can assist in anyway to help out our tourist in traveling to there destination or ferry route.

    Bermudians are hospitable people and when it comes to the country as a whole we all should come together as one on this. Bermudians and Foreign Workers alike.

    ShrewDeTreez

    Prowd to be Bermudian

  9. Smh says:

    It seems to me like Moniz is trying to push the blame on his opponent (the Govt.)..anything for a little PR boost, right Moniz?

    • sandgrownan says:

      Sure he is. And they do share some of the blame for allowing the BIU to act like the petulant child it has become.

    • Riley B King says:

      He is “trying to push the blame on the Government…”?

      Yes. It is, after all, this government that for years has let the BIU do any ridiculous childish thing it wants. Things got out of hand. It is the qlq government, which is populated and run by union sympathisers, that caused this mess. They are to blame.

      It is the opposition’s job to point that out.

  10. SWEETBLACK says:

    MR MONIZ I COMPLETLY AGREE WITH YOU. YOU MEAN TO TELL ME THAT THE TWO SIDES CAN’T SIT DOWN LIKE ADULTS AND TALK THIS THING OUT? NOW THE WHOLE ISLAND HAS TO SUFFER BECAUSE ADULTS WANNA ACT LIKE CHILDREN? THINK ABOUT THE BIGGER PICTURE. PEOPLE ARE STRUGGLING NOW AND HAVE TO TAKE PUBLIC TRANPORTATION AND NOW YOU HAVE TAKEN THAT AWAY FROM THEM,I AM SURE THEY FEEL HOPELESS NOW MORE THAN EVER. COME BIU GET IT TOGETHER. ALL OF THIS COULD HAVE BEEN AVOIDED.