Minimum standards for tourism and hospitality workers Legislation in Barbados: A Tale of the Few or the Reality of the Many?

 

The Barbados Workers' Union (BWU) applauded the government of Barbados' recent announcement that it would draft legislation establishing minimum standards for workers in the tourism and hospitality industries. This information was revealed by Prime Minister Mia Amor Mottley in her most recent Address to the Nation, and it represents a turning point in the continuing negotiations between the Barbados Hotel and Tourism Association (BHTA), the BWU, and the Government of Barbados.

Barbados, with its vibrant tourism industry, employs approximately 11.4% of the labour market in accommodations and food services. The longstanding collective agreement between the BHTA and the BWU, established over 40 years ago, has been a cornerstone in fostering positive labour relations.

The Barbados Workers Union currently holds the recognized status for negotiations within the hotel sector through the collective agreement with the Barbados Hotel and Tourism Association (BHTA). This historic agreement, spanning over 40 years, boasted 65 hotel members as signatories during its peak. However, due to closures, new entries, and natural attrition over the years, the signatories have dwindled, currently standing at 22 out of our 80 hotel members.

These 22 members collectively employ approximately 2,159 team members. Notably, within this group, 10 establishments do not currently have known union members. The total number of registered union members represented under this collective agreement is 434, accounting for approximately 20% of the total staff employed by these members. It is imperative to highlight that, while the Barbados Workers Union is the recognized union with which negotiations are conducted, there exists more than one union representing hotel staff within our membership.

Responding to the announcement, BWU General Secretary Toni Moore sees this development as a victory, attributing it to the culmination of the Union’s Recipe for Respect Campaign. Moore pledges the union's ongoing advocacy for workers, emphasizing the importance of fair and just working conditions.

Employee minimum standards employment legislation seeks to establish a baseline for working conditions, protecting employees' rights and well-being. The motivations behind these laws wherever they occur include worker protection, social equality, economic stability, public health and safety, preventing exploitation, standardizing employment practices, promoting fair employment practices, upholding human dignity and rights, contributing to social welfare, and creating a competitive workforce. Workers in Barbados are among the highest paid throughout the Caribbean. Some pundits have sighted this as one reason why Barbados has been unable to attract a significant number of hotel brands when compared to other Caribbean destinations. 

It must be emphasized that, in spite of the Barbados Workers Union's (BWU) accusations that hotel management mistreated staff, the long-lasting talks between the BWU and the Barbados Hotel and Tourism Association (BHTA), which were facilitated by the Prime Minister and two other Ministers of Government from September 13 to December 4, 2023, produced insightful results. Four out of the 22 BHTA members' employees (14% of total membership) as well as one non-member employee had filed complaints during these discussions. However, it's crucial to note that the talks revealed complaints were not widespread, only coming from individuals representing a small percentage of its membership.

When the BWU's complaints about treatment meted out to their members by the 14% of the BHTA membership were examined more thoroughly, it became clear that while some of the issues were worthy of attention and resolution, others lacked a solid basis. Significantly, every argument put forth during the talks has been successfully and effectively addressed. This shows how steadfastly the BHTA and the BWU are committed to resolving conflicts amicably and maintaining a positive work environment for hotel employees. It should also be noted that the industrial relations climate within the hotel industry has remained stable for more than ten years. 

It seems therefore that recent accusations made by the Barbados Workers Union (BWU) regarding the treatment of hotel staff have led to the introduction of the proposed legislation, aiming to address concerns raised during recent discussions. 

This raises a fundamental question: Why is this legislation being introduced now? Barbados already has a comprehensive set of laws safeguarding the rights of all employees. The need for a distinct set of rights exclusive to the hotel sector prompts scrutiny. What justifies granting additional rights to this specific industry compared to others? Why is it important to tie the granting of concessions to the collective agreement which currently covers 434 persons (20%) out of 2,159 team members? What ever happened to the required 50% plus one for union recognition? Will the new legislation allow for certification and decertification of unions in the tourism and hospitality industry?

This further leads to pondering the underlying motives. Could it be that the Government of Barbados is in cahoots with the BWU to introduce minimum wages in the tourism and hospitality sector to make wages and salaries more competitive in the region? Could there be a connection to the relatively low membership numbers of the BWU within the sector? Is the introduction of this legislation a strategic move by the government to assist the BWU in increasing membership? Is there an expectation that the proposed legislation might serve as a catalyst for attracting new members to the union's fold and new hotel brands to Barbados? 

This speculation gains traction, especially considering the recent unsuccessful attempt by the BWU to recruit new members, marked by logistical challenges when the rented buses they relied on left them stranded, necessitating alternative transportation sources. The timing and motivation behind the proposed legislation warrant careful examination.

A comprehensive approach is essential, considering the diverse range of businesses within the tourism sector. Inclusive discussions that actively involve all stakeholders are necessary to create fair, transparent legislation that encourages positive labour relations and upholds the rights and well-being of all employees involved.

As we have speculated, recent challenges within the hotel sector might have led to the proposed legislation, addressing concerns raised during recent discussions among the hospitality stakeholders. However, the engagement has primarily involved a subset of hotels, raising questions about the fairness and reasonability of legislation based on the actions of a minority. It is crucial to ensure that any introduced laws respect the rights of all unions involved and provide mechanisms for certification and decertification based on employee will.

I await the response from significant players in the tourism and hospitality industry.