The UFA also sent a second letter to the Minister outlining some of the issues between UFA and the Acting Mediator Kenneth Lopes. The UFA in their letter said they were having serious problems with the mediator in the past which they said still exists, they said they also sent a letter to the Minister in the past but to date she has not replied.
The UFA said based on newspaper articles they learnt that the Minister was going to appoint a mediator in October which did not happen and just recently she announced that she has extended the contract for the acting mediator for an additional six months.
The UFA states that it was mentioned that the Mediator has called a referendum with GEBE employees concerning the WIHCU and no government mediator name was mentioned in that advertisement. That showed he is guilty of something. He knows that the Health Care union does not qualify to represent the workers and the UFA will participate because the referendum is between Mr. Brooks and UFA's proposal.
The UFA said they have a problem with people who do not respect the the wishes of the workers that is why they requested the referendum.
They said at this referendum the Minister would be able to get a clear picture of the issues they are having with the Lopes furthermore if Lopes loses then he will have to step down as mediator. If Mr. Lopes wins then the UFA advisor Willy Haize will step down.
The UFA went on to say in their letter that if Lopes loses then the Minister would have to step down as Minister of Labour since that would mean that the workers have placed a vote of non confidence in the Minister. "This is all about transparency. Furthermore, we clearly stated that we had a deadlock with Atrium and Goddard catering which was clearly signed by Mr. Lopes." Now how can he mediate especially with those two companies that he has declared a deadlock. Did you investigate the labor problems between the UFA and Acting Government Mediator Mr. Lopes? What were your results if such had been done? You are appointing Mr. Lopes as the Government Mediator without taking consideration if indeed the statement of the workers is correct or not correct.
Based on the above mention UFA on behalf the workers would like a referendum to be held with all the private sector companies to determine if the workers agree for Mr. Lopes to be Government Mediator for St Maarten in order for justice to prevail and in order to establish democracy. In the hearing of UFA and Menzies it was stated verbally that if one party don't agree with Mr. Lopes, the judge said we have to get a neutral mediator and that is why Mr. Philips was appointed as Extraordinary Mediator because the UFA told the courts that Mr. Lopes was not neutral. Then later when the UFA had the injunction against the Federal Government the judge stated that if one party doesn't have confidence in the Mediator then he cannot mediate. You are overruling the court hearing with UFA and Menzies and the injunction between the UFA and the Government of the Netherlands Antilles and the judge has referred us to the Administration court the letter states.