This evening, we also got a chance to speak with Port CEO Arturo "Tux" Vasquez, who has been meeting with Minister Barnett, and the Acting Labor Commissioner. He shared his perspective on how the Government's intervention has been going so far, and we also asked him what it would take for him and the Port's management to return to the negotiating table:
Arturo Vasquez - CEO, Port of Belize
"To be honest we have had two meetings, we had one today at 2 o'clock and we had one yesterday at 6 in the evening and in my view it has been very productive. I think the Minister of Labour is doing what they are supposed to do when it comes to the essential services act. As you know, section 11 one and two states that the ministry should be notified and then the minister should take all measures that they believe, if it means bringing back people - trying to get the negotiations going again because at the end of the day, the act is really to avoid any industrial action; because industrial action at the end of the day will not solve anything. So what the ministry had been doing and it's. Dr. Barnett who is the on leading this, is trying to understand what the situation is from both sides and from what I understand is that she met with both of us separately yesterday. After listening to both of us, then she met again separately and so now she's bringing back information to us, taken information from us to them to see if she can get the ideas to get us back to the negotiating table."
"I just got a call maybe half an hour ago, where she is now asking us to meet tomorrow at 9, together, because I think she wants to make sure that we both understand what it is that will bring us back to the negotiating table. From the port's perspective, the issue of hours or work remains a priority, the issue of the interpretation of the labour law to make sure that it does say, what we believe it says that maximum of 15 hours and you have to have a 9 hour rest. We have also provided a proposal of the shift system we're proposing to the union and that's what caused the impasse because as we provide a proposal, they have basically not counter-proposed, they have basically just said they are not prepared to change. So right away that is an impasse. Negotiations are about proposals until we can come to the table. So while I'm not divulging much information, I get the understanding that the union may be prepared to now provide a counter-proposal; and obviously if you could provide a counter-proposal, that is all we wanted. So if that is what we can agree on, by all means, we will obviously come back to the table and it's like picking up where you left off."
So, if you remember, the main concern from the stevedores is that his proposed shift system would force them to take a pay cut. We put that to him directly, and here's how he responded:
Daniel Ortiz
"What is the issue with a man wanting to work more hours of the day? Isn't that to the benefit of the employer?"
Arturo Vasquez
"Well yes but the law requires that you work up to 15 hours maximum. The law requires that you must, you shall have 9 hours of rest, so it comes back to what I am saying, the interpretation of the law that we have had is that we are breaking the law and that is what I believe we have been doing since I took over and that's what I believe there comes a time when you have to say, we have to decide we can't break the law anymore. So that's the only reason why we are introducing a shift system. If the law would not require that you have a certain amount of maximum working hours or resting, it would be here or there for us. When it comes to the law, but the other aspect of it is the safety of it because the shipping agents are already complaining about exhaustion and whatnot because they are out there looking at stevedores working for excessive amount of hours and because of the work that they do, it could become very dangerous. So, and I pointed this out again to the labour department, I said it's a matter of the legal aspect of whether we're being unlawful in how the labour is being handled and the other part is the safety of loading and offloading the ships. It also comes down to insurance. Insurance coverage may say to you, you're working outside the law, so if there is an incident, they may perhaps take the position of saying well we are not in a position to settle any claims; and what that does, that then brings the liability unto the employer."
"You make everything in one bulk then, now we're saying you can do the same but in 3 rotations, that's what it comes down to and I understand their point of saying, for me now to make a dollar, I need to come to work 3 times or 2 times. I understand that but you can't get away from that if you get into a shift system."
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