I take this opportunity to reiterate the Government of Bermuda’s position regarding the decertification procedure according to the Trade Union and Labour Relations (Consolidation) Act 2021 ("the Act").
The Act has brought about significant changes to the administration of labour and union-related matters within Bermuda, the majority of which specifically benefit the Unions and their membership.
However, one aspect, which has been in operation for the past two decades and which was not amended by the current legislation, is the composition of those who may vote to cancel a trade union’s certification.
Legislation Compared:
TRADE UNION ACT 1965 (Old Legislation)
Cancellation of Certification
Section 30P (1) reads: A worker in a bargaining unit (“the existing unit”) may, at any time after the expiration of one year after a union has been certified in respect of that unit, make application in writing to the Manager for the cancellation of the certification on the ground that 35 per cent or more of the workers in that unit no longer support the union.
Section 30P (6) reads: If on such a ballot it is shown that more than 50 per cent of the workers voting in the ballot do not support the union, the Manager shall cancel the certification of the union; and, subject to subsection (7), the union shall cease to be the exclusive bargaining agent in respect of that unit in accordance with the order.
Trade Union and Labour Relations (Consolidation) Act (TULR Act) 2021 (New Legislation)
Cancellation of Certification
Section 57 (1) reads: A worker in a bargaining unit (“the existing unit”) may, at any time after the expiration of one year after a union has been certified in respect of that unit, make application in writing to the Manager for the cancellation of the certification on the ground that 35% or more of the workers in that unit no longer support the union as the exclusive bargaining agent for that unit.
Section 57 (6) reads: If on such a ballot it is shown that more than 50% of the workers voting in the ballot do not support the union as their exclusive bargaining agent, the Manager shall cancel the certification of the union; and, subject to section 58(1), the union shall cease to be the exclusive bargaining agent in respect of that unit.
Any worker within an Agency Shop has the right to participate in a cancellation of certification ballot, whether he is a member of a trade union or not, as he has equal contributions regularly deducted from his wages.
Workers who are not part of an Agency Shop and are not members of a trade union will not be considered a part of the appropriate bargaining unit eligible to vote in a cancellation of certification ballot.
The provisions of the repealed Trade Union Act 1965 remain the same in the Trade Union and Labour Relations (Consolidation) Act 2021. These provisions do not negatively affect unions' position or their composition of bargaining units, as the practice under the repealed Trade Union Act 1965 was for agency shop members to participate in a cancellation of certification ballot.
The Act has been the most pro-Union legislation passed of any administration in Bermuda. The Government of Bermuda continues to operate through the principles of reasonableness and fairness, taking into account the interest of all workers; however, the Government has no intention to amend the legislation.