The Parliament of St. Maarten met on Thursday afternoon at the request of the National Alliance faction in Parliament.
The first speaker was National Alliance MP Louie Laveist who stated that the actions of the General Manager at the Pelican Resort is motivated by greed, referring to his dismissal of the workers of the resort.
The MP also called on the involvement of the members of Parliament on their proposal against the six months contract and other abuse in the labor markets, aimed at
contributing positively to the plight of the working class.
He also noted that the Member of Parliament Jules James is involved in a conflict of interest situation as far as his involvement with the resort is concerned. He also stated that the actions of the MP James is putting at risk his own party members stating that he hopes that they too are not in cahoots with MP James.
MP Dr. Lloyd Richardson was the second National Alliance speaker on Thursday afternoon.
He stated that Thursday’s meeting was one of introspection with the objective to sole the problems that we face.
He believes that there is a difference between morality and legality, refereeing to the manner in which the Pelican affair is being handled.
The 2011 Christmas Season is weeks away, a time when good will is fostered MP Lloyd Richardson noted requesting that the workers be re-hired by their employer so that the workers can do the things that normal workers do, five weeks before Christmas.
MP Frans Richardson was the next National Alliance speaker on Thursday.
He called on the MP who is involved at Pelican to resign from that job to help the company save money and keep the workers employed, noting that he has a well paying job in Parliament.
He also questioned how it is possible that his colleague can be involved with the dismissal of the workers and they come to Parliament and legislate on behalf of them.
After two adjournments the meeting of Parliament continued with the National Alliance MP Hyacinth Richardson who spoke about the uprising of the workers and that it should not be taken lightly.
He called on the workers to keep the faith and to fall on their knees in prayer.
He then presented a motion that states that the recent verdict of the Court has brought about labour unrest and refers to the court injunction filed against the verdict by the Pelican workers.
National Alliance Leader MP William Marlin stated that the manner in which the
Pelican workers are being treated, cannot be ignored by the Parliament of St. Maarten.
Whilst we are law-abiding citizens, the moral concerns must also be taken into consideration.
He made reference to the past days and the employers that existed then saying that the employees were good to them and the employers were good to their employees.
He indicated that these employees are no longer here but that employers seeking to abuse the employees are infesting the island.
He noted that there have been no complaints with the work of the workers stating that this is a clear indication that the workers are good workers.
He accused to operators of the Pelican Resort of excessive abuse of power that was granted to them in the latest verdict.
Marlin also described the shareholders of the resort as heartless fat cats who seek huge profits on the backs of workers who have contributed many years of service to the Resort.
He noted that now it will be difficult for the abused 40 and 50 year old workers to find a job as employers are now seeking to employ younger workers who are also being abused he noted.
After his statement on the floor of the Parliament of St. Maarten, read their motion
DRAFT MOTION
The Parliament of St. Maarten, in its meeting of today, November 17, 2011
CONSIDERING:
- The ongoing debate on issues surrounding developments at the Simpson Bay Resorts and Marina, whereby, following a recent court ruling, the general manager of the Simpson Bay Resorts Management Company, Mr. Jules James, has decided to immediately dismiss about 100 unionized workers;
- That the workers in question have been told verbally by the general manager, Mr. Jules James, that they were immediately dismissed, without giving them a valid reason and due notice in writing;
- That this action on the part of the general manager, Mr. Jules James, is a clear violation of the labour laws of St. Maarten;
- That the workers in question, some of whom have worked for the former Pelican Resorts for over 10 years, in permanent service, have been told, that in order to remain employed, they had to immediately sign a six months contract before they leave the premises;
- That these actions of the general manager of the Simpson Bay Resorts Management Company, Mr. Jules James, are clear examples of excessive abuse of power;
- That Simpson Bay Resorts and Marina and the Simpson Bay Resorts Management Company have been replacing the permanent workers with casual employees via so-called employment agencies, and that these new employees are offered work for often just 2 or 3 days a week;
- That this practice is aimed at eradicating permanent workers at the resort and circumventing the labour and social laws of St. Maarten and thus infringing on the job security of the workers;
- That the WIFOL labour union, representing the workers of the Simpson Bay Resorts Marina, has filed a court injunction against the decision of the appeals court, seeking for the dismissed employees to remain in their positions until the final ruling of the Supreme Court has been rendered on the dispute between Simpson Bay Resorts and Marina and their employees represented by WIFOL;
- That if the general manager of the Simpson Bay Resorts Management Company, Mr. Jules James, sticks to his decision to dismiss about 100 unionized workers, at the start of the 2011 – 2012 tourist season, this can lead to social and labour unrest in the country, which in turn can have a negative impact on the overall economy;
RESOLVES:
- To declare that the Parliament of St. Maarten is in solidarity with the dismissed employees of the Simpson Bay Resorts and Marina, and their struggle to secure continued permanent employment with the Resort;
- To denounce the actions of the general manager of the Simpson Bay Resorts Management Company, particularly the verbal dismissal of about 100 unionized workers and the replacement of these permanent employees with casual workers via so-called employment agencies;
- To call on the Simpson Bay Resorts and Marina and the Simpson Bay Resorts Management Company, to maintain all of its employees in their respective positions, pending the final ruling of the Supreme Court on the case between the Simpson Bay Resorts and Marina and the WIFOL union, representing the employees.
- To call on the government of St. Maarten to use whatever influence, powers and authority it might have to intervene on behalf of the dismissed workers at the Simpson Bay Resorts and Marina, and in the general interest of proactively maintaining peace, law and order in St. Maarten.
And goes over to the order of the day.
Copies of this motion to be sent to:
The Governor of St. Maarten
The Government of St. Maarten
The general manager of the Simpson Bay Resorts Management Company, Mr. Jules James
The President of the WIFOL, Mr. Theophilus Thompson.
All five members of the National Alliance including the independent member of Parliament Frans Richardson signed the motion. The Parliament then took a 30-minute break to discuss the motion.
SXMIslandtie.com spoke to embattled Member of Parliament Jules James who stated that all what was said on the subject by the National Alliance faction members was unfair.
He did not elaborate but indicated that he thinks that the legal aspect of the matter should also be observed.
Independent Member of Parliament Patrick Illidge also alluded to the legal aspect of
the debate stating that this must be considered by Parliament.
This was in response to the question of which side he is going to take in this debate, the side of the UP party or that of the National Alliance.
When the Parliamentary session resumed, Faction Leader of the UP, Romain Laville took the floor and stated that the Pelican affair has disturbed him.
He stated that he is not awear of the legal wranglings but stated that he is of the opinion that something is not right.
He further spoke about the contributions of the workers to the business of the resort and the treatment that is now being met out to the workers.
He also admitted that he is not going to place a colleague under the proverbial bus but that something is wrong with what is taking place.
He stated that on this issue he will not be guided by party colours.
He further noted that the removal of Jules James from the resort would not guarantee that the jobs of the workers would be returned stating that we must be careful when presenting motions on the floor of Parliament.
He stated that they have put a motion together that the workers can have hope with and not false security.
He stated that this motion was denied by the National Alliance faction.
He then presented a motion that states that the recent verdict of the Court has brought about labour unrest and refers to the court injunction filed against the verdict by the Pelican workers.
It resolves to declare that the Parliament of St. Maarten is in solidarity with the Pelican
Resort and that all authority be used to intervene and mediate to bring back labour peace at the resort.
MP Roy Marlin stated next that he would like to see stability at the resort.
He further stated that the rights of all of the entities must be respected and treated fairly.
He stated that the National Alliance motion is against Jules James and does not address the real problem.
The financial problems of the Pelican Resort is a fact, pointing to the brain storming efforts that took place in the past aimed at finding ways to sustain the operations of the Resort.
He stated that the plans did not work out but that an effort
was made.
The second round began with MP Louie Laveist who stated that that he has heard hallow arguments to protect the wrong and the wrong doers.
As such he advised his opposition to take their heads out of the troughs because their heads are so deep in it that they cannot see the clouds that are forming above their heads.
He then presented a motion to the leader of his party which he hopes will be presented later to the President of Parliament drs. Gracita Arrindell.
The MP gave an emotional presentation of his views on how to address the labour problems at the resort.
At one point the meeting was adjourned as MP Laveist broke down in tears.
MP Romain Laville also shed some tears in Thursdays meeting and showed solidarity
to the workers who were present in the benches of the public chamber by dispensing napkins to dry their tears.
Dr. Lloyd Richardson also gave an outline of the reason why he supported the National Alliance motion.
MP Frans Richardson stated that he was almost spanned by the spin doctors of the UP and DP factions of Parliament.
He indicated that the motion presented by the governing faction is similar to the one that was presented by the National Alliance faction.
National Alliance leader William Marlin stated in his second and final round that it was dejavu all over again with a new twist, referring to the budget debate.
He stated that the governing faction was not prepared to defend the people in Parliament but instead copied the contents of the National Alliance motion and twisted it to serve their purpose.
At the end of the day, an interesting debate on the subject matter took place, with some members of the Parliament opting not to debate the matter including MP Jules James of the UP faction.
MP Laville stated in his second round that the statements of the management of the resort does not have his support.
He also indicated that his colleague will at some point have to take a decision.
He stated that he stands with the people of St. Maarten but children sometimes take a different path in life than what is wished for by their parents.
He made reference to the political demands and stated that he has to do what is right.
He noted that something is wrong with the company but that he does not have all of the answers.
At the end of his statements he told the workers not to loose hope and that if there is anything that he can do he will do it even if it cost him. He stated that tonight he is tying his own shoe lace.
At 8pm the Parliament once again adjournment obviously to discuss a deteriorating situation withing the UP/DP faction in Parliament.
After all the talk on Thursday the two motions were put to a vote. The first motion received only six (6) of the thirteen (13) votes that was available in Parliament on Thursday.
Then motion number 2 that was presented by the ruling UP/DP faction did not receive the needed votes to be carried.
The National Alliance Faction which garnered the support of Independent Member Frans Richardson, walked out of the meeting just prior to the vote on the motion.
The faction leader of the UP party MP Romain Laville also walked out of the meeting earlier and was not present for the vote.
The faction leader initially tried to abstain from voting on the first motion but was told that once he is present he was obliged to vote, so he opted not to be present for the vote by walking out of the chambers.
Thursday’s meeting of Parliament was filled with intrigue. We saw a faction leader proverbially tying his own shoe lace without the support of his faction members and we saw for the first time an angry crown almost becoming physical with MP’s as they tried to leave the Parliament building on Thursday evening.
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