Source tells BBC that union members flipped the ban by one vote in a secret ballot
Unionised dockworkers have voted to lift the overtime ban that was implemented in June.
A source told Bermuda Broadcasting that the vote was held in a secret ballot, with only one vote making the difference.
The original vote in June, unlike the original vote was a hand count, with 24 out of 33 unionised workers present. At that time, 21 voted in favour of the ban – about 64% of unionised dockworkers.
A number of anonymous dockworkers previously reached out to Bermuda Broadcasting, and claimed that the original voting process was flawed and intimidating.
The overtime ban was implemented in an effort to have Chris Furbert Jr, son of BIU President Chris Furbert, reinstated at Hamilton Docks.
Mr Furbert Jr was fired in February 2020 following a verbal exchange with former Stevedoring boss Warren Jones.
In November last year, an Employment Tribunal ruled that the dismissal was unfair, because SSL had not followed its own grievance procedures. However, the Tribunal did not order his reinstatement and reduced the potential dollar compensation, citing that the former employee had contributed to his dismissal.
Both the union and SSL are appealing the Tribunal’s decision. The union wants Mr Furbert Jr reinstated, while SSL wants the compensation reduced.
The Port Workers Division of the BIU implemented an overtime ban in June, citing that Article 30 of the Collective Bargaining Agreement requires the employee’s reinstatement if their dismissal is found to be “unjustified”.
At a Bermuda Industrial Union press conference this week, President Chris Furbert and Port Workers Division President Dawud Tucker asked for the public’s support in their efforts to have the worker reinstated.
However, the Port Workers today voted for the ban to be lifted.
It should also be noted that the CBA article in question, Article 30 of the Collective Bargaining Agreement, applies to the “unjustified dismissal or suspension of an Employee who is subsequently reinstated…”
After this week’s press conference, we reached out to the BIU question whether this section of the CBA is inapplicable, given the Tribunal ruled against the reinstatement.
We await a response from the BIU.
