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Holiday Inn employees win union battle

A five year battle over the rights of 300 contract workers at the Holiday Inn Sunspree Resort in Montego Bay, St. James to seek union representation ended Thursday with a landmark ruling from the Appeals Court.

The Court ruled on Thursday morning that a decision by the Industrial Disputes Tribunal (IDT) in 2005, in favour of a representational rights poll being conducted for contract workers at the hotel, should be upheld.

Thursday's development in the Appeal Court follows years of legal tussles involving the National Workers Union (NWU) which served a bargaining rights claim on the hotel's management in 2003.

The hotel was accused of employing union busting tactics after mounting legal road blocks in the quest by the NWU and the Ministry of Labour to formalise union representation for the 300 workers drawn from various departments in the hotel.

The unanimous ruling was handed by Justices Seymore Panton, Mahadev Dukeran and Hazel Harris who agreed with the Supreme Court's verdict in February 2007, for the IDT's decision to stand.

President Emeritus of the NWU, Clive Dobson said that the Ministry of Labour was deliberately frustrated by the attempts of the hotel's management not to allow contract workers to seek union representation.

"A poll was determined to be held by the Ministry of Labour in about 2005. On the day that the poll was to be held the lawyer for the hotel came with an injunction to give the hotel time to ask for the judicial review," Mr. Dobson said.

Mr. Dobson said the appeals court decision has far reaching implications for the rights of contract employees to seek trade union representation.

"The implication of this is that all contract workers across this country legally have the right to be represented by the union of their choice union so does," he said.



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