Government Issues Labour Dispute Notice
[Updated] Pursuant to section 4 of the Labour Disputes Act 1992, Minister of Home Affairs Michael Fahy has declared that a “labour dispute exists between the Government of Bermuda and the following Government Departments and All Ministry Headquarters.”
The list of government departments includes Fire Services, Corrections, National Drug Control, Customs, Post Office, Works & Engineering, Public Lands & Building, Land Valuation, Parks, >Land Surveys and Registration, Attorney General’s Chambers, Court Services, Education, Registrar of Companies, Ecommerce Airport Operations, Transport Control, Energy, Telecommunications, Tourism, Marine & Ports, Public Transportation, Civil Aviation, Maritime Administration, and Accountant General.
Also included are Social Insurance, Tax Commissioner, Communication and Information, Statistics, Office of Project Management and Procurement, Human Resources, Management Consultant Services, E-Government, Information Technology Office, Sustainable Development Central Policy Unit, Workforce Development, Registry General, Immigration, Planning, Consumer Affairs, Rent Commissioner, Youth Sport and Recreation, Community and Cultural Affairs, Human Affairs, Child and Family Services, Financial Assistance, Libraries, Archives, Health, Health Insurance, Environmental Protection, and Conservation Services.
A Government spokesperson said, “The Ministry of Home Affairs can confirm that the Minister of Home Affairs Michael Fahy has issued a Labour Dispute Notice pursuant to The Labour Disputes Act 1992 as a result of irregular industrial action by Government workers.
“The Notice has been officially gazetted and delivered to both employer and employee representatives. The Act makes it clear that once such Notice is gazetted all irregular industrial action should cease.”
For our live blog covering the BTUC/Govt dispute click here, and for all our coverage of the matter click here.
The official notice, as provided by the Government:
Update 7.48pm: The Head of the Civil Service, Dr. Derrick Binns issued the following advisory to all public sector workers, which states “Public Officers will be deducted pay for any time that they are not in attendance at work because they participate in any illegal strike or industrial action short of a strike. ”
The full notice sent by Dr Binns is below
Attached is a copy of a Notice of Declaration of Labour Dispute published by the Minister of Home Affairs on 27th January, 2015. All Public Officers are advised that under section 19 of the Labour Disputes Act 1992 [PDF], any participation in a strike or industrial action short of a strike is illegal after the publication of the Notice. Section 19 of the Act reads as follows:
Unlawful conduct
19 (1) At any time after the notice mentioned in section 4 is published or at any time after a labour dispute is referred to the Tribunal and the dispute in either case is not otherwise determined, a lock-out, strike or irregular industrial action short of a strike is unlawful.
(2) It is unlawful to commence or continue or to apply any sums in furtherance or support of, any lock-out, strike or irregular industrial action short of a strike that is unlawful under subsection (1).
(3) Any person who takes part in, incites or in any way encourages, persuades or influences any person to take part in, or otherwise acts in furtherance of, a lock-out, strike or irregular industrial action short of a strike that is unlawful under this section is guilty of an offence and is liable —
- (a) on conviction on indictment to a fine of five thousand dollars or to imprisonment for two years, or both;
- (b) on summary conviction to a fine of one thousand dollars or to imprisonment for three months:
Provided that no person shall commit an offence under this section by reason only of his having ceased work or refused to continue to work or accept employment.
I should also advise that Public Officers will be deducted pay for any time that they are not in attendance at work because they participate in any illegal strike or industrial action short of a strike.
Dr. Derrick Binns, JP, Secretary to the Cabinet/Head of the Civil Service.
As The Joker once said,”And. Here. We. Go”.
Bermuda this is not a game. we have no money and solutions are in short supply. The Unions have Bermuda’s best interest at heart and so does the Government. So what is the problem? The vote Minister Bob wants to see came yesterday and today.
That was not a vote. Get members to vote on the furlough days like the last time. At the moment there has been no vote.
Are You Joking?
You are correct, there has been no vote however, not every decision needs a formal vote. The BPSU leaders already communicated this to government after consulting with their rank and file. Yeah, I was there.
You want answer’s , start taking from the filthy rich and wealthy is the country that seem to get greater tax breaks then the average joe bloe, and let this damn government start amending their laws to deal with the private sector, who is the biggest thieves of all. deal with the interest rates in our local lending institutions and the cost of goods and services in this damn country, we can keep furlough days if we had a affordable country to live in, but reality is every darn thing is over priced and over charged, and those that make six figures never feel it, it is about time we really hit the wealthy. Let all divisions come out and completely shut this island down, sounds stupid to some, but in reality that is the only way they will take us serious. our Fathers and Mothers did it in 1981 and got results, we shall do it in 2015 and get results.
oh Duane, what hate filled drivel.
Attack the private sector “thieves”? The PLP tried that option and look what that did to overall employment numbers.
People seem to lack the understanding that the private sector finances civil servant wages. There needs to be a balance between # of private employees/ # of civil service employees. Currently it sits at 4:1. If we attack the private sector “thieves” that ratio will decrease and put us in an even more precarious position.
Use some common sense and stop trying to promote hate.
I totally agree with you “Noncents”. Duane, come out of the rocks bie’
Them that have “big bucks” have others employed…They also have more options others than what you and some others envision as the ultimate way of getting your / their way:-( Really Duane, would you / the others prefer nothing? Think about it…seriously mate!
Expected as the next move on the chess board by the OBAUBP GOVT…
No SURPRISE. …..FOLKS STAND TOGETHER!!
UNIONS STAND AS ONE
….
SLOWLY THE OBAUBP will fall on their swords
At my job if I didn’t show up – I’d get fired. If my pay is reduced and I’m unhappy I look for another job or I suck it up.
The public sector has lived in cushy stability whilst those of us in the private sector have been made redundant en masse (thanks to the retched ceremony and over whelming debt from the PLP). Its about time the harsh reality is realized by the public sector as I am tired of subsidizing them.
the OBA is doing EVERYTHING they can to prevent job loss but they cannot pay people if there is no money – what don’t you understand? THERE IS NO MONEY. IT DOES NOT GROW ON TREES.
People like you should not make comments about things you don’t know about. You clearly are making a uninformed comment. Do you not understand that Bob Richards aka OBA borrowed money we did not need, he predicted cause the OBA is smart that interest rates will go up so lets borrow it now, do you know that Bob Richards aka OBA is trying to sell our airport to Canadian firm for 30+ years. What do you know. You choose to work in the private sector, and so do I. But that does not make what the public sector is doing wrong. You should think before you comment and come up with an informed solution. And guess what as a government you are suppose to listen and investigate.
@Digitalbm
borrowed money that we did not need??? The reason the OBA had to borrow so much money is to pay off the interest on existing debt that the PLP accrued during their reign of terror!
People like you should not make comments about things you don’t know about.
@Editor – “Be part of the solution or keep quiet”. Let me remind you that we live in a Democracy you racist.
“Lily white” wow at least you don’t try to hide your racist views.
That chip on your should is like an anchor caught in a reef…if you don’t cut it lose it will drag you to the bottom.
Good luck in life beloved.
tell that to AC! We have no money!!!>..
Problem is Betty, you’re playing checkers and figuring our what to do nex,t they are playing chess. Idiot.
I have to say that cmbbda has made one of the most useful posts in this board. If you read the SAGE report you will see that government has been poorly managed. As a government workers I was astounded by the benefits and pay increases over the last number of years. Now I realise that the gravy train has left the station and the good times are over.
I have my British passport ready to go but the truth is that that country and many others, are in just as bad shape as Bermuda. I guess I will have to gird my loins for a dismal future.
Now I’ll get the popcorn
THEY DO NOT REALLY CARE ABOUT US…FOLKS I HOPE YOU SEE THIS GOVT DOES NOT CARE ABOUT US…..ALL KINDS OF TACTICS WILL BE USED BY THIS GOVT….
you’re not even from here….jeeez
US Folks!? You mean the ones digging us in the hole?
They really do not care about us the people it is a shame so many cannot see it!
You are an idiot. This is not about caring. This is about the financial survival of Bermuda. In your tiny mind, caring is about giving workers what that want even if there is no way to pay for it.
How did we fall so far so fast?
Three green letters
It all about caring. The people got nothing to lose so they don’t care about what you care about doesn’t mean they are idiots. They just people suffering who have nothing to lose but will most likely gain what they need
Id like to start out by saying thank you to Premier Dunkley and Mr. Richards, there are a lot of us out here in the private sector that do understand and we get it.
We know that you as the government have very difficult decisions to make in order to have a government that is sustainable and benefits everyone in the country, not just the 5000 staff you employ.
It is very unfortunate that we find ourselves in this position that government workers have to take furlough days, but out here in the real world that’s just a part of life. I as a taxi driver have to put in 12 to 14 hours a day this time of year to make a living wage that probably still doesn’t come close to a comparable civil servants wage not to mention benefits and I’m not alone. There are many of us in the private sector ie. hotels, restaurants and even retail that are and have been for a very long time dealing with layoffs, furlough days and even job cuts, so we don’t understand why the government workers feel that they are above this thing called reality! I think it is very selfish of them to think that they don’t have to continue to pull their weight until we are out of this mess. After all they have been the recipients of some pay packages and benefits that a lot of us in the private sector are still mystified over!
So I personally would like to thank you for taking the bull by the horns and dealing with this monster that has been created called the civil service. The bottom line is that the civil service is over staffed, and it is putting a lot of stress on the rest of the community.
To the civil servants, I appreciate the job that you do and I don’t want to see any of you laid off. Please take the furlough, its not the end of the world!
No, we just don’t care about you.
Looks like you mad
No one is working or playing to lose. So don’t expect me to. I want to win also
To be fair, if they didn’t care they would fire half of you. The government was upfront from the offset. They said hard choices would need to be made. They said there would be pain. These are those hard choices. This is that pain.
lol
oh yeah??
Trench war declared !
Now if everyone demanded Strike pay from these Unions I betcha they wouldn’t get a cent!
Let’s put em on strike pay – let’s see how long they’ll last. I bet they can’t support their membership for more than a couple weeks.
This. Is 2015. It is time for the unions to do things differently. I am not suggesting that they. Roll over and play dead
But come on everytime there is a dispute this is what happens
Mass meeting union leaders shout and rave. To get the crowd. Fired up no one in the crowd offer a
Different aproach to the problem bam we hit the streets after we get out. There we find out that we did not get the full story.
The workers that are essential service by law need a 21 day notice before taking action then why not put the notice in first we have to follow the rules.
The dispute now has been referred to the labour disputes tribunal again by law all action has to stop
So tell me why is the union now calling out more biu workers
Again members are not getting all the facts
Good move Minister.
You’re an a**. How can you disagree with these folks fighting for what is rightfully theirs?! And before you say anything…I’m a private sector worker. And if this same bs happened to me or my colleagues I would want the opportunity to fight for it. Sadly I don’t have tat option though.
So more power to you folks! Those that aren’t directly involved/affected will be the first to judge.
Rightfully theirs??
The government does not owe anyone a living – the Government works for ALL the PEOPLE not just for their employees.
Yes it is unfortunate that PLP spent all our money but we have one of the the largest civil services per capita in the world and it is NOT JUSTIFIED.
Either take furlough or jobs will be cut that is the REALITY
What is rightfully theirs and yours, is two billion dollars of debt. Workers are fighting for a return to full paychecks when there is no money to pay at least 25% of them. So clarify for me, what is rightfully theirs in you mind?
Dee has the typical “entitled” mentality. This will come to an end very soon. What people like Dee fail to realize is that the rest of us are tired of dealing with “entitlement” issues. And there are more of us than them.
Dee, what is rightfully theirs??! I’m so sick and tired of this sense if entitlement! You know why I am where I am in my career (and yes I fall among the fortunate) because I worked damn well hard for it. I busted my * through high school. Which gave me the opportunity to bust my * through college. Busted my * through uni while working full time to fund it! I AM THE ONE ENTITLED because I earned it!!
What makes you so different? These people work just as hard you. They have have degrees, just like you do. They busted their butts in school as well. All have these people are educated either by school or life. And the people who do not have degrees, work just as hard or harder than the people who do. These people have skills and the knowledge to their jobs.
These people have busted their butts,they earned that money!!!
Your ignorant entitlement mentality is what will eventually kill this country. Who do you think you are?!
Donna…. we are ALL directly ‘involved/impacted’
…. your cubicle job may not be as safe as you think. What will you do if you lose that? Will your quality of life change? Do you think your will be able to find another job in the private sector? There are a lot of private sector people who are currently unemployed…. and more coming.
Does this mean that the Regiment can finally get paid…
Wait a minute!
Are you saying the Bermuda Regiment soldiers have not been paid?
Really.. about time.
He can get the Fahy outta here!
Where were you when Brown and Cox were in power? Head up your backside I bet.
why skip work when you know you need to W-O-R-K……I don’t get it
SMDH. Why doesn’t the Government look for other ways to save money. Why don’t they just reduce each budget and leave furlough days off the table.
A great option would be to cut their own salaries. Especially this ‘great’ premier of ours. Mr. Dunkley will be just fine without this paycheck as many others will as well.
CUT AT THE TOP!!
Right. That will save $200 million. You are definitely an idiot.
They already took a 10% pay reduction. The CS took one Furlough Day which equates to 4.6%. I know I am a CS.
BTW a pay reduction is permanent until they get a pay raise. A Furlough Day means my fellow CS’s make the same amount of money minus one day’s wages.
So they cut school costs. Benefits to the needy. Transport and run 2 buses.
Dumb statement.
Because the civil service is responsible for 80% of our national debt! Reducing costs on infrastructure will only hurt the taxpayer, you know the people not disrupting the Island right now!
You do realize we have one of the highest paid civil services per capita in the world? Yet our debt to GDP ratio means that everyone currently under 40 will not receive a Government pension.
Good. Now let’s see if Chris & Co will lead their flock astray or do the lawful thing and cease and desist.
so I guess my new BDA passport will not be printed in time before my vacation…I need to collect my inforce passport please.
Better get your British passport. This country is going down.
The ironic thing is that each day of work stoppage is equivalent to a furlough day.
The government could meet their budget if we keep this up for a couple of weeks.
If it lasts a couple of months, problem solved. Bring it on.
Not quite. Government wages, salaries and overhead is about $490m per year. The estimated 2013/2014 budget deficit is $333m. So you’d have to stop paying people for about 8mths to close the gap.
I’m just going to keep throwing these numbers out there in the hope that people start to understand what is going on here – hint its not about workers’ right.
Hold Firm Dunkley, I’m going to have a milk party this weekend .
Embody regiment and start making arrests! These illegal wildcat strikes must not be tolerated!
THE GOOD TAX PAYING CITIZENS DO NOT DESERVE THIS! HOW MANY YEARS OF RIDICULOUS STRIKES PROTECTING EVERYTHING FROM THE DRUNKEN FERRY DRIVER HAVE GONE ON!
THE BIU/PLP ARE NOT RIGHT THINKING.
ZIMBABWE IS WHAT THEY WANT, MAYBE THAT IS WHAT THEY WILL GET!
Ok. Gloves are off. This should be interesting. There is no money. We are borrowing now to pay the salaries everyone is screaming they deserve. The unions can’t win.
So based on this notice, does that mean that union members not turning up for work will not get paid, and that the union will pick up their lost wages?
The only people doing okay out of all his are the Police and the Beach on Front St!!
Police on extra shifts and the ‘workers’ all drinking in the Beach!!
Get back to work. Uniouns causing a rift.. PLP run to cause mayhem, so Furbert can look good. Time to wipe that smug smile off his face that we saw on Monday nights news.
The is an issue about people who have and the people who have not. Only selfish people don’t support the union. If don’t mess with my pay check you don’t really care.
Poor Teddy. He thinks there is a barrel full of money somewhere.
It’s so sad. You have been completely brainwashed by union leaders.
This is an issue about being able to continue to pay for the volume of public servants that work for the government. If the furlough day doesn’t continue then jobs are at risk for being cut. So, aren’t you really being the selfish person by risking yours and your co-workers jobs and livelihoods… Your union family won’t support and pay your bills when you get laid off.
“Only selfish people don’t support the union.” No, try people who can think for themselves and stand out from the crowd. Unions did a great service 50 odd years ago. Now a days if you want to survive you’d better be an educated, independent thinker and doer.
Yep, look what happened to Detroit. All those auto strikes & shoddy workmanship really paid off didn’t it???
You don’t even have to look abroad to see the effect of unions on jobs. Look at all the jobs protected in Bermuda at:
Club Med
Sonesta Beach
Marriott Castle Harbout
Mermaid Beaches
Lantana
Elbow Beach
Pink Beach
Harmony Club
.
.
.
Don’t leave out the BIU Coop grocery store.
The is an issue about people who have and the people who have not. Only selfish people don’t support the union. If it doesn’t mess with your pay check, you don’t really care.
All the union members are “haves”. They have a job, 6 weeks paid vacation, 14 weeks paid sick leave, index linked pensions, and guaranteed jobs no matter how bad they screw up.
Until now. They are in the process of screwing themselves, right now.
BETTYTRUMP confused ….SLOWLY THE OBAUBP will fall on their swords?
Then what?? The PLP that Bermuda voted out I assume due to multiple failures will get back in? How will they tackle $2 billion debt, because if they don’t Britain will get back in so I assume they will have to tackle it.I guess then you will be hoping they fall on their swords.
They need to legalize the weed and get the island out of debt. It will bring on a lot of money. Dumb clowns don’t know how to round this island. Cause the just talk about make here a year round tourist season. Anywhere that has hot weather in the summer is a tourist season
It will bring on more clowns like you on the street. Why do you think it is called dope.?
Myth. If weed raised the same amount here as in Colorado, it would come to about $400,000 in total for our size population. So, in other words, it would make no difference at all to government income.
Does this mean those that do not go to work tomorrow can get fired?
Okay! So it would be illegal to stoke tomorrow! So how about everyone calls in sick Thursday and Friday! That isn’t illegal!
It wouldn’t be believed at this stage, short of a hospital stay.
Using some of their 70 days a year of paid sick leave. Yep, probably.
Where those Royal Fusiliers that came on British Airways tonight?
Um excuse me can someone tell me where the PLP is? Any other day of the week u here them crying but this week they are silent! Inquiring minds wanna know considering that put as all through these hardships! Someone anyone?!
The Union leaders are comfortably in the pocket of the PLP. That is why they are silent – their puppets are dancing.
Because the PLP is the BIU/But/BTUC et al.
Pay attention.
To codfish and potatoes & Terry
The OBA is the UBP some same old faces with new faces who are doing as they are told by the original UBP members.
And your point is?
The PLP is the same old PLP, minus the dead ones.
at Purvis school in masses till about 9 up to well you know????
Didn’t u she Rev Tweed – he praying for their covering sitting with EB taking instruction you casn all stay out of my neck of the island we are just fine
To bermy Bud
First of all check your grammer/spelling.
The blame game it not working – the OBA has done more damage to the bermudian people in the short time they have been in power.
Rubbish. All government workers, up to now, are fully employed. Taxes are being collected and public services are being provided. Where is the evidence of what are you writing, or do you just make general statements with no proof, just like the PLP and the striking Unions!
@ Observer,
So in your mind your version of the blame game is working then? Gives us the facts on your statement about the OBA doing more damage.
Que crickets chirping.
Where does everyone think the money to pay the inflated govt workforce is actually coming from? Trees? It is very simple … There. Is. No. Money. Solution: Furloughs or major job losses. Take your choice.
Finally! Government Stand Firm!
Well they bungled it so far. Friday’s letter should have been announcing a reduction in jobs.
Codfish – They can’t make that announcement until the CS officially deny the Furlough Day offer and we get closer to March 31st when the agreement expires.
Nope you got it wrong. The government was told months ago that furlough days were not to be repeated after April 1st. They choose to wait until Friday to deal with it instead of accepting that position and moving on. I think they tried to ambush the unions and it has backfired. Now the unions are really angry although it is clear they have no wish to follow their own constitutions. These are not meetings, these are marches and street protests.
That’s the problem. In our financial mess the unions can’t just say “furlough days were not to be repeated’. Our country is in a very bad state and we need to look at all the options.
Josh I wish the PLP were back in power, at least I would be told that everything was OK. Your precious PLP got us into this mess and everyone needs to do there part to stop Bermuda from sinking.
The Micheal Dunkley and Bob Richards who pretend to care for the people have disrespected the government workers with their God like elitist attitude towards them.
Oh yeah. And the workers never disrespected anyone, I suppose.
Grow up.
What is it with people and the word respect?
Earn it the good old fashion way. Work hard, take care of your family, pay your dues to society.
“Disrespected the government workers?” How? By trying to ensure that we all still have jobs in the morning? Do you not realize that we have more than 500 CS employees who basically get paid to do nothing?
Entitlement mentality at it’s finest. Sad.
Huh!
Marine and ports,buses………..were in disrepair and unsafe to operate when…plp….were last in office!There was no money for maintenance…the buses and ferries were parked and inoperative more than not…you remember that right?…and “you know” what that was….your vessels were parked….do you remember why that was?
elitist attitude? wow i just read down this column and some ppl just dnt get it. We truly have no chance Bermuda. Have any of you ever met Michael Dunkley, all the man cares about is this island. Too bad some of you are too blind with hate to see the truth. You all think ur wolfs wen u are merely sheep, following your shepeard Furburt…. please accept pay cuts, lay offs or something and understand you do not have a right to anything, wake up… just because you were born on this rock does not mean you have a right to a job, simple as that, you have to earn it, like the rest of us…..
Interesting comments from those for and against.
Interesting? Meh!
Write something for goodness sake!
Instead of the Government taking from the lower scale paid employees $55,000 under,they need to take a CLOSE look at those departments who are TOP HEAVY at the senior level earning $96,000 – $100,000 plus.
One department that is talked about is The Ministry of Education which is known to have a dumping ground at their(MOE)headquarters, example principals/acting principals who have been ineffective in their role and FORCED TO BE REMOVED from the schools by the ministry – who then places them at the ministry headquarters in made up job titles (that has not been approved by government)and still being paid the same salary. In the private sector these persons would have been fired.
The lower scale paid employees with a family of 4, 5 or single home families, one person working are finding it very diffucult to make ends meet. We all couldn’t afford higher education to enter the arena for higher paid jobs, we can not get financial assistance but still have to pay the same for electricity, grocies, gas (if we own a car)etc. PLEASE NO MORE FURLOUGH DAYS!!!!!! we are dedicated, hardworking bermudians.
Communist! I know a person who makes a bit over $100,000 in government. That person has two kids in college, worked hard to fund his own education, has a $5k mortgagee, 15 year old car and is just getting by.
Now you want that person who has done the right things and dedicated his life to the civil service to be penalized for it? By you reasoning, the government will soon be filled with more losers.
OBA now know, For Sure, they are a single term government
They will destroy this island before they leave though
2017 is too far away for another eletion
PRIVATISE! PRIVATISE! PRIVATISE!!!!!
Can YOU please explain why You feel that would be an option?
Yup, typical, I got bored of reading the comments halfway through.
Racist this.
Entitlement that.
Fingers being pointed…
Solutions to the problem, apologies to those who perhaps voiced some, maybe later I’ll have another read through.
I am a student in university, technically I fall under neither public or private sector, just to clarify for any that may feel persuaded to comment that I am biased.
If the BIU had issued a 21 day notice on strike action, and in that 21 day period, negotiating had taken part between the government and the BIU to come to a settlement, or, in the event of an en passé, mediation had been attempted:
a) all parties involved could have addressed this issue or where to reclaim money, and given this process the time that it deserves
b) the general public (not to be confused with public sector) would have been given notice of the impending strike and could have made necessary arrangements
21 days pass, no agreement that both sides agree to, you take a strike.
Yes, I know there are probably a few bits that I have neglected to understand, I’m not in Bermuda on the battlefield witnessing this first hand, but processes are put into place to deal with situations such as these, to prevent the negativity that has come about in this case which ultimately leaves all parties involved looking like amateurs.
*on where, not “or where”
lol
Eventually this strike will start to affect the very people who are on strike. I’m fairly sure their own garbage isn’t being collected. Their own kids are missing school. Their own family members are without transportation. And now, they will not be paid for striking. I suggest Gvmnt. stand strong. They can’t last very long under these conditions and everyone else must surely have alternate plans in place by now. Let them strike! Let’s see how long they can survive like this.
The tale that wags the dog.
65 years ago the labor unions brought the UK and its people to their knees from which they have never recovered .