Pelican Resort workers storm resort, meet today

POSTED: 01/31/11 12:01 PM

St. Maarten – Pelican Resort workers will meet at the Wifol building beginning at 9:00 a.m. today to discuss their strategy going forward after they stormed the resort’s lobby on Saturday. The union’s attorney also filed an injunction on Friday demanding that the employees be allowed to return to work, claiming that they have a right to their jobs for two principal reasons.
The injunction is for summary proceedings. The court must set the date for the hearing where parties will make their case. It is the opinion, an eventual argument of the union, that the Collective Labor Agreement (CLA) between the union and the old owners binds the new owners to continue the worker’s employment. They also believe and will argue that the new owner company and management company took over the employees from December 16, but not dismissing them and making sure they received the salaries every two weeks. For the union this represents a continuation of service.
“Our case was triggered by the new employer, which is basically the same people, telling our members not to return to work. They returned anyway and the employer refused to let them perform their duties and now we hope the judge will bring clarity to this whole situation,” Thompson said on Sunday’s For the Record with Eddie Williams on Radio Soualiga 99.9 Choice F.M.
He also asserted, “The employees have been locked out of their job, which is a violation of their CLA, which is binding and there’s continuity here.”
Thompson also said Sunday that he was not sure about the status of the dismissal request the company filed to get rid of the 182 employees.
“Things are a bit confusing but I don’t think it stands any grounds,” the Wifol president said.

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