Philipsburg:--- The President of the Windward Islands Institute for Organized Labor (WIFOL) Theophillus Thompson feels the most recent verdict delivered by the Appeals Court is some form of conspiracy against the working class. Thompson said the Court of Appeals suspended the most recent verdict the workers of former Pelican resort got from the lower court. This is the second time the Appeals Court has decided to rule against the workers who are trying to have the Simpson Bay Resort Management Company BV (SBRMC) and Royal Resorts Management Company Ltd respect the Collective Labor Agreement (CLA) the company has with the Windward Island Institute of Organized Labor. Thompson described the most recent decision of the Appeals Court as that of a legal blunder.The WIFOL President said that it is clear that the Appeals Court is doing its best to protect the large companies on the island while breaking the laws stipulated by the International Labor Organization (ILO). "These decisions that are taken by the court are going to force the unions to resort to industrial actions which will disrupt society.
Thompson also explained that the Members of Parliament would have to be prepared to make the necessary legislations that would protect the working class. He said the current labor laws are too ambiguous while the higher courts are prejudicial in their rulings.
However, the WIFOL President made clear that the union and its members will not give up their fight. He said currently the union, its members, and their lawyers are perusing the current laws to decide on how they will proceed within the legal system. "Our lawyers are busy consulting with other legal experts on this matter so they can decide on our next course of action within the judicial system." In the meantime, the WIFOL is busy preparing a report which will be submitted to the International Labor Organization (ILO) since the developments within the labor industry is against the ILO. "Right now collective bargaining and the freedom of association are being jeopardized and the ILO has to be informed of the new trend.
In the meantime, the WIFOL along with its partners in the Chamber of Labor Unions are also in constant meetings to decide on how they will deal with government and those responsible for plight of the former Pelican workers. Thompson said that they are on a mission to find out who is behind the conspiracy against the working class. The Chamber of Labor Unions once indicated that if they have to shut down the island they will do just that to get government's attention.
The unionist said that the unions are also looking to see how the government of St. Maarten namely the United Peoples Party will deal with the renewal of the SMBRC operating license. "We want to see what are the stipulations laid down by government when it comes to protecting workers." These companies get the 10 year tax break from government and at the end of that period they would change the names of the companies to avoid paying taxes. Some of them Thompson said would even file bankruptcy and leave their workers out in the cold.
In the case of the former Pelican Resort, they claim to have sold the company through an auction. While the owners of the company remained the same, the name of the company changed. Thompson said the former Pelican Resort did not lay off its workers and it was decided that the new company would take over the 183 workers. The WIFOL president further explained that the SMBRC through its managing director Jules James wanted to give the workers short term contracts without paying them out. "The Pelican saga started because the WIFOL objected to SMBRC decision to replace permanent workers with a short term contract. Furthermore, the government of St. Maarten and the United Peoples Party is backing the General Manager of SMBRC and Member of Parliament Jules James."
The WIFOL President said he has been trying to contact the leader of the United Peoples Party (UP) Theodore Heyliger to officially inform him that he has one of his Members of Parliament operating in a conflict of interest. "Jules James cannot be a General Manager for a company that is laying off workers while he is also a legislator. The freedom of association and collective bargaining are now being jeopardized because of a lawmaker. Because of this, employment and decent work is no longer secure on St. Maarten. There is no more job security for workers on the island, thus creating a breathing space for poverty, crime, and youth delinquency."
Thompson said the only persons who are in touch with the union are the members of the National Alliance faction, while Member of Parliament Romain La Ville called for a meeting with the tripartite on Tuesday.
Thompson said one of the fundamental arms of the government apparatus is not functioning. He said right now the labor department and the labor mediator are not functioning and if they were performing their duties then the Pelican workers and the union would not have had to turn to courts. "During the days of the Federal Government, there would have been mediation to avoid unnecessary court cases and labor unrest."
Thompson admitted that the WIFOL has been spending "thousands" of dollars on legal fees as they continue to fight for the rights of the workers. He said the monies they are spending on legal fees could have been better spent to further upgrade workers on St. Maarten.
