Philipsburg:--- The President of the Workers Institute for Organized Labour (WIFOL) Theophillus Thompson expressed frustration on Thursday during WICLU's weekly press conference about a meeting that was held between Deputy Prime Minister William Marlin and the principles of the Simpson Bay Resort Management Company (SBRMC). Thompson told reporters that he was reliably informed that Marlin met with the principles of the company that laid off close to two hundred workers and to date Marlin has not brought the union up to speed about the meeting he held at Captain Oliver's Restaurant. He said he is not saying that government cannot meet with the investors but he is peeved at the fact that this particular company laid off a number of workers and the union was not contacted prior to the meeting. "Had the Deputy Prime Minister contacted the WIFOL he would have gotten new information regarding the ongoing court battles with this company who is not paying its workers."
Thompson said he is concerned about the developments because it is sending the wrong message or signal to developers and investors on St. Maarten where they can exploit, abuse, and misuse workers and it is condoned by government.
Thompson further stated that as a representative of workers they have been exercising maximum patience hoping to resolve the labour dispute with SBRMC peacefully. However, he warned that if it comes to a point where the union has to take radical action then the people of St. Maarten are fully aware that they were left with no other choice but to disrupt society.
Thompson said the WIFOL requested a meeting with the deputy Prime Minister late last month to discuss the impasse at GEBE but to date that meeting has not been held. He said the union was supposed to meet with the Deputy Prime Minister on Thursday (August 09, 2012) but that meeting was not held. It should be noted that the Deputy Prime Minister left the island early Thursday morning due to a family emergency.
When contacted by telephone overseas, Marlin admitted meeting with the principles of SBRMC and he made clear to them that while he was in opposition he was speaking out loud and clear against them and was in full support of the workers they laid off that are represented by WIFOL. Marlin said during the impromptu meeting he held with the investors, he made clear to them that now that he is in government he remains committed to supporting the workers whose rights must be respected. Marlin also confirmed that he received a letter from the union requesting a meeting and he already made note of it and a meeting will be scheduled within short between him and the WIFOL.
Thompson said SBRMC filed for protection from the bankruptcy that was filed by four of the employees. He said the WIFOL and their attorneys met with the trustees earlier this week and so far they have decided to give the trustees the benefit of the doubt as they execute their duties. He said as one of the creditors they were given an insight as to what the trustees are looking into. However, Thompson said he is not allowed to divulge the information he received from the trustees to members of the media.
Thompson said the lawyer representing SBRMC Jairo Bloem has already issued threats to the workers and country's economy by indicating that if the workers should win the lawsuit against the company then SBRMC would have no other choice but to close the doors of the resort. Thompson said the threats made by the lawyer for SBRMC is a direct threat to the country's tourism economy. He further explained that so far SBRMC has refused to adhere to the court's decision of April 2, 2012 to pay the workers they laid off and to adhere to the Collective Labour Agreements they had with WIFOL.
Employment Agencies Infringing on Workers Rights --- Thompson.
Thompson further explained that while all of this is happening, SBRMC has six employment agencies that are supplying workers for the company. He said these agencies are operating on the premises and the resort was never over staffed. He said SBRMC had a number of part-time workers that were on contracts, they filled in when there was need for extra workers. "These agencies are providing undocumented workers for SBRMC and the workers have no benefits such as medical insurances. These workers are working under severe risks because their rights are being infringed upon." Thompson said he was informed that the attorney for SBRMC instructed the employment agencies not to hire illegal migrant workers but the employment agencies cannot abide by the instructions because they simply cannot find enough persons with legal documents to work for them under the unscrupulous conditions. In addition, the union leader said that these agencies are refusing to hire locals. Thompson said the current situation at SBRMC can be considered union busting and even worse, some form of modern day slavery. He said that the undocumented workers are accepting the abuse and none of them have decided to come forward for union representation. Both Theophillus Thompson and Claire Elshot said these employment agencies are operating against the law because to date St. Maarten has no law in place that would allow them to operate the way they are. The unionists said they received a copy of the draft law that government wants to take to Parliament to allow these agencies to function, but the tripartite committee and the union needs more time to further study the draft law and seek legal advice on the document.
Thompson said he hopes that the resort will not close its doors because the workers want to work. He said while the company is claiming they do not have monies to pay its workers they have been conducting renovations and replacing the furniture in some of the units.
Thompson also explained to media workers that the dismissal request that was submitted to the island labour department some months ago was never handled. Therefore, these workers are not being paid and they cannot receive any type of social assistance from government. He said the workers are at home not working and are not being paid and the government of St. Maarten is turning a blind eye towards the predicament of SBRMC workers.
Thompson said his intention is to send another letter, this time to the Minister of Economic Affairs and the Minister of Labour to bring them up to speed on the recent developments.
