By GENEA NOEL

Freeport News Reporter

genea@nasguard.com

Members of the Grand Bahama Port Authority Workers Union (GBPAWU) may seek legal action after Labour Minister Dion Foulkes decided to refer their dispute with the Grand Bahama Shipyard Company to the Industrial Tribunal for determination.

Union Vice President Dave Barr told The Freeport News yesterday that they have sought the help of their lawyers to advise them of how to proceed.

Barr said that it was a "slap in the face" for union members to follow the prescribed guidelines of the industrial act, in regard to strike action, only to have the process further delayed, without much consideration by the Minister.

"He showed no concern or regard for the Bahamian workers and they have shown that they only care about foreigners and their companies, not Bahamians," he said.

"We won the strike vote and the Minister did not even take it upon himself to meet with us and tell us that the matter was being turned over to the Industrial Tribunal...he only advised us not to have the men do anything to jeopardize their jobs."

Barr said that now union members at the Shipyard feel defeated and betrayed by their own government.

Since the matter was referred to the Industrial Tribunal, the Union was notified and advised to complete an originating application. They would have two weeks to return the application to the Tribunal for the process to begin.

However, Barr said that the entire move was forced on the Union and he does not know if they will proceed.

"We have our lawyers advising us on what to do next to get this matter dealt with because this referral was not something that we agreed with."

When contacted, assistant secretary for the Industrial Tribunal, Elkenny Lockhart, said that should the union return the application the process could possibly last another five weeks at minimum before the matter can appear in court.

"Once I get referral to the tribunal the process involves me notifying the complainant to come in and fill out what in tribunal terms is called an originating application. after that a copy is then sent to the respondent," he explained.

According to Lockhart the respondent has one week to respond and an "E" form is sent for the defence to reply to the complaints of the complainant. That process, he said takes another three weeks.

" After I receive the document from the defence, I would then look at the circumstances of things to check to see what time the matter can appear on a calendar and I send out a two weeks notice before that time."

However, Barr said that he expects the process to be even longer, given the Tribunal's track record, adding that perhaps "if a celebrity was involved we would get quick action."

Members of the union had requested to meet with Foulkes on the matter since filing the trade dispute with the department of Labour back in August, but todate that meeting never materialized.

The Shipyard's management was said to be in breach of the collective agreement and Industrial Relation Act 321 and section 45.

From that time, the dismissed shop stewards – Eudencel McPhee and Simeon Richardson along with union executives had conciliatory meeting with management of the Shipyard twice, but no resolution was met.

Members then voted in favour of strike action on September 17 against the Shipyard, the matter was then sent to the Tribunal on October 7.