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Sep 2, 2009

PM will implement amendment to Essential Services Act…

But what was the spin that the PM had contention with? Well for one, he said that though he agreed to postpone the reading of the bill, he is not backing down on limiting employee strike action that would disrupt essential services. The PM said that he welcomed the union’s input regarding how the bill could be strengthened to address issues with the employer side of the legislation; which could mean grievances would not be stalled and consequently dealt with quickly.

Jose Sanchez
“The impression is that you would have either held off or renegotiate the plans to amend the act.”

Prime Minister Dean Barrow
“Held off is more accurate. What I agreed was that we would delay the second reading of the bill until I could have in hand additional amendments that would seek to strengthen the mechanism for resolving disputes. In other words, the government has come up with its amendments that will prevent any kind of strike action in the largest definition of strike, any kind of industrial action. I have indicated I am wedded to that. I don’t anticipate any kind of retreat from that position. But I freely accept that if you’re going to limit the freedom of action of the unions in essential services, even more than is opposition on law books, you have to ensure that the process for resolving the dispute is effective. You can’t tie their hands and leave them with just frustration.”

“You must ensure that that procedure to address the grievance will be effective, that the employer can’t in turn engage in any stalling tactics so that the unions, the workers are left effectively without any remedy. And that’s what I’ve agreed to do. We will get the proposals for strengthening that side of the legislation and when we pass the amendments now, bundled up with the original amendments of the government will be these additional amendments that will help to strengthen the process for resolving the dispute.”

Jose Sanchez
“The N.T.U.C.B. says outright that they do disagree with the amendments. However, they are hoping that this postponement will allow them time to seek help with the ILO or other organizations in putting forward their position. Will that make any difference regarding implementation?”

Prime Minister Dean Barrow
“Well I suppose one should never say never. I don’t want to give the impression that I am unbending and inflexible even in the face of somebody’s ability to show me that I am wrong. But subject to that I don’t see how I could be wrong on this issue. I have looked at this thing carefully. I have checked the definition of strike elsewhere and I have checked what the position is in other countries and those checks strengthen me in my absolute conviction that you cannot be allowed to disrupt an essential service.”


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