The Christian Workers Union gave 21 days notice of Industrial Action against the Port of Belize 19 days ago.
The CWU says that their industrial dispute stems from the Port of Belize's refusal to abide by the Tribunal's Award of a redundancy package for Stevedores - which was granted 16 months ago.
And today that's why the Minister of Labour convened the Essential Services Arbitration Tribunal.
The tribunal met with both sides at the Labour Office on Queen Street this afternoon. So, will the Stevedores now turn off the 21 day strike clock? When it was done we spoke to a member of the negotiating team:
Bruce Diaz, Negotiating Team
"We will take back what we heard in the hearing of the tribunal to our members and from there we will forward, because on my behalf, the way how I see it we are complying with the tribunal with the government of Belize. We are complying with everything."
"Port has a diamond tip finger up top Ashcroft that does not want to release anything to us stevedores. We are not even worrying about the word "redundancy." We have a package signed, sealed by Dr. Barnett, Tux Vasquez and us that if bulk sugar should leave Belize at any time stevedores will be compensated for the loss of wages for the sugar. So I don't know why the circus going round and around with a tribunal now. Our tribunal was already set. We heard that it was fine and now you come back to a tribunal. Now you go and you submission papers all over. That's another 14 days going on again and then they could go an appeal."
"So what do they want? If we were in El Salvador or any of those other countries "da blood, bleed" these guys wouldn't be walking the streets up and down. It's sad to say, but they are taking hard working Belizeans, blood sweat and tears. You see this hand right here, you see how it is shaped? this is from one of the sugar barges and now after all the suffering who died, who got injured - we are still going through this and these people have signed that if the bulk sugar should leave Belize City, go to Big Creek, the stevedores will be compensated financially."
Jules Vasquez
"So what's the outcome? Now that the tribunal is in session, will you all hold off on taking strike action on Friday?"
Bruce Diaz, Negotiating Team
"When we go back to the members now, we will hold an emergency meeting and our members will make that decision for us. I cannot make the decision; my team members cannot make the decision."
We also spoke to the CWU's attorney Darrell Bradley about the legal arguments - and whether the January 2022 decision by this same tribunal is binding or whether it can be appealed, or just ignored as it is now:
Darrell Bradley, Attorney for CWU
"And they were compliance. 16 months later in our opinion there has not been compliance and so what we are seeking or what the Christian Workers Union is seeking is that they're going back to the tribunal to ensure that there is compliance with the terms of the order. The reason why there is non-compliance is because there are certain interpretation differences as it relates to what that opinion refers to."
Jules Vasquez
"But the government is saying you take that to court if you want to enforce tribunal's decision."
Darrell Bradley, Attorney for CWU
"So what we would say is this and I had expressed this earlier, the law designed a dispute resolution mechanism and the intention of the law is that that be comprehensive and that bring finality to disputes between employers and trade unions. If it is that I can get an award and parties that flout that award, parties can ignore the award, there can be non-compliance and I have to gp to court. In any event to ensure that there is enforcement of what use it is for me to go to the tribunal in the first place and if that is not final and at the end of that you still have to go to court, then why do I go there in the first place?"
Jules Vasquez
"The Port of Belize won't pay a dime, because they don't believe that any redundancy arises from the loss of a commercial contract with ASR/BSI. They do not believe that is a legitimate instance of redundancy."
Darrell Bradley, Attorney for CWU
"That is their position and they are entitled to maintain that position. Of course, there is a reason why this matter is before the tribunal and this matter may go before court or may take other dispute resolution mechanisms, but that's what we are saying, if they believe it does not apply to a particular thing, then that is subject to the tribunal, because that means that there is an interpretation as it relates to what the word refers to. But that is a difference in interpretation and that's a differences of opinion and that's why we are before the tribunal. They then need to be set right that this award means this and it applies to this."
"Where does it end? It has to end with the tribunal. If the tribunal makes an award, I think that we must say as a country, because we want industrial relations to be settle and disputes to be settled peacefully and quickly and if there is an award, it actually must be complied with."
The parties will be making oral submissions on the 15th August followed by a decision from the Tribunal. The Port of Belize is represented by Marin Parade Law Chambers.
