BTUC “Fully Supports” BIU In KFC Dispute
The BTUC voiced their “grave concern” that if KFC Bermuda is successful at seeking a judicial review and possibly winning the case, then other employers will also attempt to nullify their existing collective bargaining agreements with other Bermuda Trade Unions.
The BIU has been embroiled in an ongoing dispute with KFC since last year, and earlier this month KFC said they disagreed with the Ministry’s proposed course of action, and submitted an application to the Bermuda courts seeking a judicial review.
The full statement from the BTUC is below:
The Bermuda Trade Union Congress [BTUC] fully supports our sister union – the Bermuda Industrial Union [BIU] in their efforts to refer the outstanding dispute between KFC Bermuda limited and the BIU to binding arbitration.
It is commendable that the BIU has agreed for this dispute to be referred to binding arbitration which is a process that is internationally recognized by many industrialized governments and to which the Bermuda College houses the Arbitration Center of Bermuda.
While we note that KFC Bermuda Limited has indicated its willingness to participate in the arbitration process, the Company is still insisting that they require an interpretation of whether the Minister of Economy, Trade and Industry has the power to refer the industrial impasse to arbitration. Clearly it appears that KFC Bermuda Limited is not willing to enter into the arbitration process.
This factoid is reinforced with plans by the owners of KFC Bermuda Limited to rename the company and to insist that present staff sign a new contract of employment prior to June 1, 2012 without any input with their Union – BIU.
This action signals an attempt by KFC Bermuda to introduce a strategy to terminate an existing collective bargaining agreement and to force the BIU to either recertify as the legitimate bargaining agent for the existing KFC Bermuda Limited membership or to enter into a new collective bargaining agreement without the workers consent.
This goes against the Trade Union Act 1965 30L Compulsory recognition and duty to treat which states “Where a Union has obtained certification in respect of a bargaining unit and the certification remains in force, the employer shall deal with that union accordingly; and the union and the employer shall, subject to this Part, in good faith treat and enter into negotiation with each other for the purposes of collective bargaining”.
It is for these reasons that the members of the BTUC voice our grave concern that if KFC Bermuda is successful at seeking a judicial review and possibly winning the case, then other employers will also attempt to nullify their existing collective bargaining agreements with other Bermuda Trade Unions.
“…, then other employers will also attempt to nullify their existing collective bargaining agreements with other Bermuda Trade Unions.” ummm…the big difference is that there is NO EXISTING collective bargaining agreement. These unions seem to have forgotten that a legally expired or legally canceled agreement is NO LONGER EXISTING! What is the point of having a clearly defined termination notice within legal contracts if one party is going to kick up a fuss when the other party acts upon their legal rights contained within that contract???? I don’t get it.
Exactly..ask our tourism minister about the cruise ship contracts that were cancelled and now – no longer legally binding because they were not signed in time.
“then other employers will also attempt to nullify their existing collective bargaining agreements” – KFC did not nullify an existing agreement – the agreement expired…
Sign of things to come with other businesses? I have to wonder…
The TUC is following the BIU in ignoring the fact that KFC have said publicly on more than one occasion that the agreement allowed them to terminate. If this is indeed not true then the union would have addressed it. IF the TUC whishes to help they now must address this issue. If KFC are telling the truth then the appropriate venue to resolve this dispute is indeed the courts.
The BIU will stamp its little feet until the end – but they will not win this. This case will make Bermuda history – a tiny not slow food place breaks the Union. Many previous disputes had spineless Ministers back down thus benefitting the inefficient and lazy. The entitled attitude of bus drivers today is directly because of this. KFC all de way !!!!!!
Bermuda Autoposy, you wouldn’t happen to be a member of KFC’s board of directors would you?
Lavern, why do you always have to play the game of who you are ? and you constantly play the race card !!!! we have all had enough of your crap…. so now when you call the talk shows we are turning you off.
I and others are tuning in to 98.3 and to hell with the talk shows from now on.
Pepper, I really don’t care if you turn me of or not. My calls to the talk shows are not intended for people like you. They’re intended to educate other people so that they can understand people like you.
As far as me playing the race card, why don’t you just stop it or prove it?
Salt, I really do care if you turn me on or not. My carrier pigeons to the listening shows are not intended for goats like Magoo. They’re intended to delete intelligence from other people so that they can understand floats like Peru.
As far as me playing the space card, why don’t you just drop it or move it?
Ms. Furbert – you wouldn’t happen to be a member and employee of the BIU, would you?
A member and an employee. And what?
Bermuda Autoposy, you wouldn’t happen to be a member of KFC’s board of directors would you?
You suggest skewed motives for others……..and that.
LV: the answer is no. I have no interest in KFC and have hardly ever been there. I have an interest in what is good and right.. You are ruining Bermuda with your fecking air-sole stupidness!!
Make it into a race thing if you can – its what you and your facking PLP do best.
lol This keeps getting better, and the articles always pop up when i havent had lunch…zinger sounds good about now, maybe some popcorn chicken for the show.
BIU is USING the BTUC…..I hate the fact that we are working the very union that has NO ETHICS. Please Mr. Hayward, don’t dimiss the BIU’s shenanogins for the gains. I a union member am gravely concerned as to where this is going!!!
agreed…
Which union are you a member of?
Some people have a real problem understanding that only the employees can terminate an agreement, not the employer. Go to Bermuda Laws online and get an understanding of Bermuda’s laws.
Which section LaVerne.
….and now you’ve come to it Terry. Good luck.
Trade Union Act 1965 30L Compulsory recognition and duty to treat
If you’re the source of legal advice to the BIU, this should be well worth watching.
Trade Union Act 1965
30L Compulsory recognition and duty to treat
Where a union has obtained certification in respect of a bargaining unit and the certification remains in force, the employer shall deal with that union accordingly; and the union and the employer shall, subject to this Part, in good faith treat and enter into negotiations with each other for the purposes of collective bargaining.
[Section 30L inserted by 1998:41 s.3 effective 1 May 2000]
Most inanimate objects have a fake solution forgetting that only the employer can’t initiate a disagreement, not the employees. Stay at Bermuda Anarchy offline and give a forgetfulness of Bermuda’s chaos.
So you too choose to ignore the fact that KFC have stated that the agreement allowed them to terminate. Employees do not sign agreements that would be between the employer and the union as their representative!
You’re wrong again. All agreements have the signatures of the shop stewards and other executive members of the Division.
So you’re saying the shop stewards and executive signed an agreement that included a clause allowing either side to terminate the agreement after it expired?
We shall see Ms. Furbert. We shall see.
LaVerne, if you’re right, then the BIU have nothing to worry about. The court of law will find in your favour. If you’re right, you can relax and enjoy the show.
Laverne,
This is not about de-recognising the BIU, as you well know. So don’t try to mislead people.
And for the record, the Trade Union Act 1965 Sec 30P, refers to the employee making application for the Trade union to be be de-recognised “within one year” of the recognition being granted.
And that is not the case here either.
LV: Quote the part of the act (cos I do not believe it) or go back under your rock.
Lauverne, is this an official statement of the BIU, afterall it is known fact that you are employed by them and are commenting on BIU issues in a public forum. Can the media quote you on this?
“if we fail 2 learn from d past, deyn d futur is lookin prety mug”
- The Hon. Pruneswilda “Boaty” Burrows, JP MP (1967)
My auntie Ridiculous-Nose used 2 work at KFC back in d day n she wuz tellin me about a SIMLAR run-in dat de BIU had wif d managment at d time. In 1966, 1 of de unionzed employees namd Cream-Shundra stubbed her GERT toe on d counter while she wuz makin a FET greaze 4 1 of d customrs. She let out a MASSIV scream and wuz like “OWWWW BIE, MY TOE!”. Aunty Ridiculous-Nose went 2 help her out, not thinkn it wuz a big deal at first. She got Cream-Shundra a GERT ice cube, put it on her GERT toe n sang her a lulaby calld “Its Mug When U Stub Ya Toe” to help calm her down.
Deyn all of a suddn Cream-Shundra startd carryn on about needin a lawyer! She wuz like “my TOE has RIGHTS, Buh!”. Ridiculous-Nose culdnt relly argue wif that, so she talked 2 d manager 2 ask his opinin on d matter. he wuz like “Her toe aint got no rights, dun”. DAT COLD-HEARTD CALLOUSNESS on de managr’s part rlly affectd Ridiculous-Nose, so she decided 2 take d matter 2 arbitration on B-half of Cream-Shundra (who wuz so emotionlly distraugt by d incidnt dat she culdnt reprsent herself in court). Wuz happned next wuz a perversion of justis.
NE WAYZ, d judg presidng over d case said dat he wuld need first-hand testimony from 5 OTHA UNIONZED KFC employees whos toes had bin allegdly discrimnated against if he wuz 2 rule in favor of d BIU. Needles 2 say, it wuz a very emotionl day in court. Dere wuz accusations of corrupton from both sides (jus like 2day), dere wuz emotions runnin high (jus like 2day) n dere wuz a gigantc paper mache statue of Cream-Shundra’s Toe ceremoniusly set on fire outsde of KFC to protest d allged misdeeds of d KFC managment (unlike 2day).
In d end, no 1 got wut they wunted bcuz of corrupton n mismanagmnt….in a nutshell, D employees’ TOES startd hijackn d conversaton n bribing d judge against d best interests of d actual PPL dey were attachd 2! D CASE WUZ MORE ABOUT TOE RIGHTS THAN HUMAN RIGHTS. Cream-Shundra even admittd in d end dat her toe wuz bein unreasonble but by then it had alredy detachd itself from her body n movd 2 Switzerlnd with a FET bank account subsidzed by the Bermudian taxpyer.
SO b4 somethin like this happns AGAIN, d BIU n KFC managment shuld try 2 work d issue out as smoothly as possible or else guyz’ earlobes might start 2 unionize. I try not 2 b politicl, but when I C somethin as preventble as this, I hav 2 speak up.
Hilarious! Looks like the unions are ganging up. Is it time for the businesses to form their own massives and square down by the flag pole at high noon. May de bess gang vin!!!
I love you Clafe.
Clafe for Premier!
As I understand it – The employees have elected to join the BIU and have BIU represent them in the workplace. The collective bargaining agreement was between KFC and the BIU. This agreement had a termination clause built in which has been exercised, legally, by KFC.
Terminating the agreement means that the terms and conditions of the agreement no longer apply but it does not mean that the employees are no longer represented by the BIU. KFC is still negotiating with BIU. Therefore, as I understand it, nothing illegal has been done? It is up to the employees if they still want to be represented by the BIU and we have heard nothing about what they think.
The employees at Kentucky Fried are the only ones who can decertify the union. They have not asked to be decertified.
Where is the employees pension money, regular statements and why won’t you let them put it into a pension fund that they want to.
Who the hell said anything about decertifying the union???
Once again LV, quote the act or shut up. Igrunce!!!! Show us de act!!!!!!
Terminating an agreement is not the same as decertifying the union. And it’s not the same as no longer recognizing a union for bargaining purposes. That’s what the law refers to, not to terminating an agreement.
Unless KFC is lying about the existence of the termination clause there is no agreement left to take to arbitration. If it turns out that the termination clause is invalid as a matter of law the next question becomes one of severability – unless the contract specifically allows for the contract to continue in place if some part of it is found to be invalid then the entire contract is invalid and ceases to exist ab initio.
only essential services can be ordered to arbitration…..KFC doesn’t qualify as an essential service (not to me anyway). No gov’ment intervention period. Let KFC, their employees, and the BIU get in the mud. I for one will NEVER walk over a BIU situation. Chris is not a true leader. Someone with negotiation experience and shrewd business sense (Colin Simmons) should be president
Again, you’re wrong. When there is a dispute between an employer and a union that cannot be mediated, it can be sent to arbitration. Check the law.
Already been proved wrong above Laverne, your propoganda isnt going to fool those of us that have an education.
The only person Lavern can fool is Everest,and she does it so well.
Laverne Furbert is an extremely passionate woman who knows how to champion a cause, we all do it, black and white, we see it on the blogs every day. Laverne Furbert however is a fanatic and fundamentalist . She will not listen to reasonable opposition. Anyone with a bit of intelligence will be put off by her rants and racism . The best thing to do is just not reply to her posts .
p.s. The same goes for Betty Trump and all her/his aliases.
Once, you’re right. Where there is an agreement between an employee and a confederacy that cannot be fought, it can’t be sent to the moon. Check the disorder.
Hi just letting you know that this is my reserved fake name. I believe I called the Office of Fake Administration to reserve the letter ‘P’. If you would like to reserve another letter, I believe their office hours are 9:30 am – 5:00pm.
Kind regards, the real PaPern Purbert.
That’s exactly what is going to happen. The law will be checked. Why do you have your knickers in a twist if your sure the BIU have it right? Maybe they do, but if you’re the expert you present yourself to be there is no need to appear so defensive!
If I had the money the owners of KFC have I would shut it done in a flash.
NOMOREFACKUNCHACKUN!
Den vat wud de grassroots peeples do afta church sondeeess??
Not to worry lil buddy KFC will close after they have to pay there lawyers for taken them for a long ride over the bridge to no where.. They will also have to pay for the unions lawyers as well.. Epic waste of time and money. Its true that some will cut off there noses to spite there own face! I just hope that if they do close out of spite that they also lose there revered franchise license as well.. Smt
Bernews has become a site for unhappy OBA members and supporters. There is rarely an intelligent debate those goes on here. I think I’ll stick with Bermuda Elections 2012. I’m willing to bet my bottom dollar that most of you were down at the Cabinet Office carrying placards when Janice Battersbee gave her speech.
Not one of you have the courage of your convictions. Cowards, the lot of you!!
Good night!
Please please please let that mean you’re not going to comment here anymore.
Well – that makes for intelligent debate now doesn’t it?
Actually I’m an undecided voter. I’ve reached out to both of my candidates personally and my PLP representative has been very responsive. He actually remembered my name when I bumped into him on non constituency occasions. If my vote was based on my represntative I’d be PLP. But I am quite uncomfortable with the methods that are used by many in the PLP (with all due respect) including your blogging on this site Ms. Furbert. The lack of transparency and mismanagement of funds is too great to ignore. The unethics of a few plp leaders are appalling. The OBA has yet to give substance to changes that would do for the country too. They seem to be the basher party and many of their representatives have not been presented with experience in parliment, managing complex systems (heatlhcare, investments, government. Yes many are professional smart and good looking but it takes more than that to run a country. Their young wing (FBA) seem to have it more together. Unfortunately the politcal immaturity of Bermuda has us all in a conundrum. We’ll be voting the lessor of two evils at the polls…..
Now we understand why the BIU suddenly joined the BTUC.
Can we now expect the Defender/8 votes to speak for them?
Please stop paying your union dues for the benefit of the Furberts, instead have the monies donated to charity, and put to good use, for people who need the money. Union leaders should be a voluntary job, not a plush well paid position taking money from our pockets.
Laverne, every single time you have said “you’re wrong”, it turns out it’s actually YOU that’s wrong.
Here is your tactic.
1. Someone makes a comment.
2. You say “wrong”
3. You then proceed to explain something that is close to the topic, but not the actual topic. Smoke and shadows.
Example:
KFC terminated the agreement after it expired.
Hundreds have expressed the view that KFC is within its rights to do this.
You say “wrong, only the employees can decertify a union”.
See how she works, folks? She has done this 4 times in this thread alone.
@ Rard: Like!
you people are really ridiculos.Laverne Furbert is someone who does her research and most times speaks on things she knows a lot about.It’s really disgusting when i read the comments on this site how disrespectful some of you are when ever Laverne says something. She does not fool Everest like some say its just that he does his research and comes to the realisation that she is correct sometimes.Maybe if you werent so racist ya mind would not be so clouded when this fine women speaks and to the so called blacks that speak bad about you should all be ashamed of yourself and if ya not that really tells alot about yor caracter .So Mrs Furbert please keep bringing us your views because its a lot of us that really enjoy being educated by most of your views
educated is one way of describing it
Keep working on the educated part.
Yah…Yah…I be edumacated by Sista Furbert!
LV may do her research but it always has a certin bias in it, face it she and some others in the PLP are the most racist people in Bermuda today bar none. It’s shown in their actions and words. I know it’s not all of them but the lack of people in the PLP letting the rest of Bermuda know that they don’t follow racist ideologies from the above mentioned has everyone else wondering why the PLP the, chapions of equality are actively participating and condoning racist ideologies they fought so hard against when it comes to today’s white people in Bermuda. The fact alone is they continue to generalise about white’s and then single out some they do like as non racist ie Zane, Corriea etc. when they should be singling out the ones they are racist and not generalizing. As LV says stand by you convictions and single out the ones you think are. They wouldn’t because it helps them paint Bermuda as two worlds a continuation of segragation and gets them votes. Also if it is proven that they are wrong they would fall flat on their faces.
LOL the sayin is so true “one rotten apple spoils the bunch”
excuse the few typo’s
Remember the song in the commercial… Eveybody Needs a Little KFC, or does the song go, Every Union needs a little PHC? Oh well, the commercial went something like that I think.
Another bunch of brown nose followers.
I suppose if Chris Furbert says eating at his relatives place Mr. Chicken will make you live longer, you’ll do that to.
What happens when KFC sells their assets and a new business is opened called BFC ? That is my prediction . Give KFC some credit they hire all Bermudians I can’t think of one other restaurant of comparable size that does ?
Perhaps they will also sell cement Rick?
I feel so honoured that LV mentioned my name on another blog. I’ve finally made it!