Philipsburg: --- Even though all of the workers of GEBE did not show their faces during the protest action organized by the United Federation Union (UFA) which lasted just over three hours yesterday morning, those that remained inside the building did not provide services to the public as people were seen waiting outside to pay their utility bills. Those that remained inside the building clearly sat in groups discussing their grievances. The Commercial Manager of GEBE Steve Duzanson in an invited comment said GEBE operations were not affected yesterday despite the protest action which drew close to 100 workers from all departments.
President of the UFA and their legal advisor Attorney at law Edwin Maduro told reporters that after speaking to the managing director of GEBE William Brooks in the company's parking lot they already foresee that the union would have to take their grievances to court. Olivachi said Brooks admitted to the workers that the second agreement he had with GEBE management and UFA is not binding since there is only one signature on it. That document is a proposal which was to be taken to the UFA board so that they could have given before they pay the workers their 5%. Brooks also indicated to the union that he was willing to enter into a re-negotiation which was to begin immediately. Olivachi said that Brooks already agreed to pay the workers by April 5th but the union must sign a third document.
Asked to provide clarity on the matter since the UFA and management of GEBE already has a CLA since 2006. Olivacchi said a court case in the matter is visible if management refused to comply with the 2006 CLA. He said even though he signed a second document it is not binding since the UFA bylaws clearly stated that at least two board members of the UFA must sign off on any agreement. He said while they are going into negotiations with management of GEBE it is not to re-negotiate a new CLA or agreement, instead they are sticking to the 2006 CLA now that Brooks has changed his position.
Advisor to the UFA Edwin Maduro said Brooks changed his position based on the second document that was signed by Francis Olivachi and GEBE management since he realized the document is not binding. He said Brooks now wants to begin negotiations for a second CLA which he considered to be a positive indication since the workers has not yet indicated they are on action. Maduro said he intended to send Brooks an official letter to make sure he lives up to the open compromises he made today (Monday).
Maduro explained if there is a deadlock in the negotiations then the union and its members would declare industrial action.
Maduro said while the negotiation is ongoing workers of GEBE would resume working effective immediately.
In the discussions with the workers and the union Brooks told the workers that the second agreement had to be sent to the supervisory board. He said that the contents of the agreement were to show the board what they agreed upon which is the 5% payment. He said that agreement was not binding. Brooks also asked the union to go inside and sign the third agreement but the workers immediately intervened by saying they are not in agreement and their union would not sign anything. Brooks said the supervisory board agreed to pay off and now the union must sign a third agreement before workers are to be paid. In the parking lot confrontation Olivachi made clear that the union does not have to sign anymore documents since it is in their CLA of 2006. Brooks said while he agreed that is on the CLA it was not based on the old protocol of GEBE and not the existing one. He said he explained this to Olivachi on numerous occasions. However, Olivachi said there was an exception in the CLA which calls for the evaluation of the workers which GEBE did not comply with unless the company will face a 3% penalty. Brooks appealed to the union to come in and negotiate so that they can get over the hurdle of the 5%. He told the workers they elected the union to represent them and while the negotiation is taking place he expected them to go back to work.
The General Manager of GEBE William Brooks openly displayed his arrogance while discussing with the union and its members that created several outburst from both union and workers. Some of the workers made clear that they are there to get their 5% increase which is long overdue. They made clear to the union representatives that they are not to sign anything else except the payment. They told their representatives that Brooks cannot bind the union to anything since he is not running a "one man show".
Denis Salomon from the ASWI union told reporters who were eventually kicked off GEBE premises that the protest action was organized by the UFA even though his members have the same grievances. Salomon said the staff union ASWI is in solidarity with the UFA since they are having the same problems with management of GEBE. Salomon said he needed clarity with some of the statements that were made the parties involved. He said management should respect and honor the collective labor agreement. He said even though he supports the action he does not believe that the action taken would move management of GEBE. Salomon explained he worked for years at GEBE and based on his experience he does not see where they show any concerns for the workers. However, he said he would hope that management would use their common sense and not allow confrontation to prevail since the workers have had enough.
President of the UFA Francis Olivacchi said that the workers have been looking forward to their increase and cost of living adjustment since the UFA and management of GEBE signed a collective labor agreement since 2006. Olivacchi said so far management has not complied with the agreement and that has caused them to pay a penalty since they are not in full compliance with the CLA. Olivacci said GEBE had to provide an appraisal system for its workers each year and to date they have not done so. He said the workers even sent a proposal for their new CLA to the managing director William Brooks and to date Brooks has not responded to the workers. Olivachi said in the new proposal the workers wants a 25% increase and Brooks he said refused to send a counter proposal to the ASWI.
He made clear that the workers are not on strike and neither are they on go-slow but they have decided to demand the monies that is owed to them for over three years now.
Olivacci said even though there is inflation and economic crisis GEBE is yet to pay the workers it cost of living adjustment. Asked how long the union plans to wait on management he said he was not willing to divulge that information. He warned that the union has plan B in place but that will be made known in due time.
Sources close to the two unions UFA and ASWI said this is the last chance for William Brooks since they would do what is necessary to get him off the job. They said Brooks has not been working in the best interest of the company neither the people of St. Maarten. They said since Brooks took over their have been a number of problems with GEBE including when the company of that magnitude ran out of fuel and he hopped off island. The concerned workers said Brooks does not even show respect to them since he has a selected few in his corner who already received a Naf. 3000 increase in their
In a press release from GEBE it is said the employees converge on the request of their union. The release states a group of some 30 GEBE workers led by UFA President, Francis Olivacci, converged on the GEBE parking lot on Monday morning, to address the issue of the impasse on the negotiations concerning the financial package for the period 2008. GEBE Managing Director Ir. William Brooks was in attendance to directly address the workers and the union representatives and give additional clarification where the bottleneck is in the financial package that is holding back the payment to the employees. The proposed increase of 5% has been approved by the GEBE supervisory board of directors. GEBE management is ready to sign the agreement and the union has been notified accordingly in writing. The union wants time to go back to their members and the UFA board to ratify and formally sign on the proposed financial package.
The discussions which took place in the GEBE parking lot were informative for both sides and narrowed the gap between management and the employees. The union has agreed to reconvene and study the proposal. A response from the union is expected within short. GEBE management has committed to payout the 5% increase as soon as the union signs the formal agreement.
After the explanations on both sides were given, the workers who had converged at the main office returned to their workstations. GEBE daily operations were not seriously affected by this short convergence and at no point was electricity nor water supply affected. GEBE looks forward to a quick resolution to this issue in the interest of the customers, the employees and the company.