Statement by His Excellency Governor Ric Todd in relation to today’s industrial action
H.E Governor Todd today released a statement to RTC news concerning the strike actions taken by the CSA.
“I returned to the Turks and Caicos Islands last night in order to be in the country at this time of unfortunate industrial action, cutting short my time in the UK where I attended the Overseas Territories Consultative Conference with Lillian Missick and Theo Durham.
“I remained in contact with TCI Government officials throughout this time, most notably with Martin Stanley, staying abreast of developments here.
“While I understand the concerns of our public servants about the voluntary severance scheme, I also know that many people, civil servants included, recognise the need to change the public sector here for the better. The aim of these reforms is a better equipped and resourced public sector able to meet the needs of the people of these islands. Things cannot remain as they were.
“I regret that the CSA has called another strike. The decision not to meet with the CSA while they are striking is the right one. For its part the CSA must ensure that no-one suffers harassment or intimidation today. I also urge them to return to the negotiating table.
“It is also correct to have a dedicated negotiating team, led by Susan Malcolm and Mark Greenway. I will be in regular contact with the negotiating team, providing them with advice and guidance where, and if, appropriate.
“I look forward to the swift resolution of these matters, an end to the disruption of our public services and the restoration of the Islands reputation as quickly as possible.”
The following was a release from the Governors Office on the strike actions.
CSA sends out requests to Interim Government
The Civil Service Association (CSA) was revitalized on January 6, 2011. Since this revitalization the CSA has had numerous meetings with representatives of the Interim Administration to address a number of issues and to avert the implementation of several new policies which the CSA considered as being detrimental to the well-being of civil servants, their families and the civil service. In the interest of clarity and brevity these issues are outlined below along with our view of their state of resolution.
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Deduction of 10% from salary and allowances since April 2010 - Unresolved
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This is an on-going issue but the CSA understands the financial position of the country
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The CSA and civil servants accepted this deduction in good faith as promised by the Administration that this would reduce the need for significant numbers of persons being made redundant.
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The CSA made many recommendations as to how this 10% could be reinstated, including the immediate and full reinstatement for persons making less than $1500 per month with a phased reinstatement for persons with salaries greater than $1500.
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None of our recommendations were agreed to but the Administration promised to have the 10% reinstated by 2012 when the government would be in a better financial position.
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Non-payment of gratuity for locally employed permanent civil servants employed after April 5 1992 – Unresolved
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Civil Servants employed locally in the service after April 5, 1992 and confirmed in their posts were eligible for the payment of a gratuity based on their years of service, basic salary and long service award. The calculations for such gratuities were based on the pension gratuity formula. However, the gratuity provided was not deducted from pension, as was the case for persons employed before April 5, 1992 and entitled to a government pension.
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The governor on the advice of the PS Finance, Attorney General, Accountant General and Chief Secretary has historically provided this gratuity to such eligible persons upon leaving the service. As this was the case under successive governments during the ministerial system of government every civil servant so eligible had and still has a legitimate expectation to receive such gratuity benefits.
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The Administration in April of 2010 ceased the payment of such gratuity benefits stating that it was unlawful.
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The CSA recommended to the Administration to draft, pass and enact a law to make granting of gratuity in these instances lawful, as there was no law making it unlawful. Civil servants continue to have the legitimate expectation to receive such benefits especially as persons on contract employed in equal capacity received 15% of their salary as gratuity at the end of each contract.
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Reduction in housing allowance benefits – Unresolved
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Locally employed non-contract civil servants so eligible for housing allowance as provided for in general orders, received housing allowance for a period of 5 years. Such persons are typically persons who are transferred from their island of first appointment.
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The Administration proposed to reduce the period of such entitlement from 5 years to 3 years.
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The CSA argued that the provision of housing allowance for 3 years, especially in this economic climate is insufficient to alleviate the burden placed on civil servants for rent or mortgage, especially on Providenciales to which most of the transfers occur.
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The CSA also argued that civil servants employed on contract can enjoy in excess of 5 years housing allowance, and to provide a shorter period of financial support for locally employed civil servants is discriminatory.
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The CSA recommended that if the new policy is implemented that the civil servant should have the right to request transfer back to his/her home base of first appointment after 3 years but if their service is required at the transferred location beyond 3 years they should be provided with housing allowance for up to 5 years.
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The Administration has not acted on the CSA’s recommendation to date.
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Reduction in Transport Allowance - Unresolved
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The provision of transport allowance is based on need (job category and job tasks) as recommended by Heads of Departments and Permanent Secretaries and approved by OPSM/PSC.
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The new policy is to pay transport allowance based on “Official Miles” ie miles earned in the act of duty excluding driving to and from work.
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The CSA argues that whilst this is a good policy in principle it is difficult to implement and to monitor, especially with persons using their personal vehicles. It is labour intensive as it requires someone to continually monitor mileage on an officer’s personal vehicle or requires the fall back on self-reporting which does not improve accountability compared to the current policy.
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The Administration is holding strong on its proposed policy.
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Reduction/removal of gratuity for civil servants employed before April 5, 1992 – Partially resolved
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Persons employed prior to April 5, 1992 are entitled to a government pension as provided for under the Pensions Ordinance. Such persons are also entitled to, if they so desire, receive 25% of their pension benefit as a one-time payment (gratuity). If they accept such payment their pension benefit would be reduced by the equivalent amount.
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The Administration had proposed to amend the Pensions Ordinance to remove the right to such gratuity payment for eligible civil servants.
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The CSA argues that to amend the Pensions Ordinance to remove the right to an accrued benefit is unlawful and furthermore that civil servants on the verge of retirement from the service have already enacted financial plans based on the expected benefit.
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The Administration delayed the implementation of this new policy but intends to achieve the same desired goal in a phased approach.
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Retirement age and Pension Gap – Resolved in principle but not enacted
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Civil Servants employed after April 5, 1992 are entitled to a pension from NIB at age 60 years and are not entitled to a pension from government. Therefore civil servants retiring at age 55 years would have a gap of 5 years before they would be eligible to receive any pension.
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The Administration agreed to increase the retirement age to 60 years so as to remove this gap with a transition plan for persons still desirous of retiring at age 50 years.
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This agreement to increase retirement age however is yet to be enacted.
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Reduction in pension benefits – Transition from TCIG pension to NIB Pension – Unresolved (being acted upon by Pensioners Association)
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Stoppage of TCIG Pension when recalled on contract with TCIG - Unresolved
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The CSA made representation on behalf of these returning past civil servants. The CSA is of the view that persons currently employed on the premise that they will continue to receive their earned pension whilst on contract should not have such right taken away. Where these persons are recalled into the civil service because government needs their skills, their right to enjoy their accrued benefits while on contract ought not to be ignored
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If the Administration wants to implement this new policy then it should apply to new persons being recalled into the service so they can have the right to accept or refuse the offer.
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The Administration is still holding firm to its new policy.
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Civil Service Reform and redundancies
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The CSA would recommends that the civil service reform assessment be fully completed before engaging in redundancy activities - Unresolved
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This would give opportunity for in-service redeployment before redundancy
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This would give way to better departmental restructuring and improve efficiency and effectiveness of departments
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This would allow for better identification of training needs
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Only after (i), (ii) and (iii) above have been accomplished then should a redundancy programme be embarked upon.
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Voluntary redundancy – Partially resolved in principle / good faith
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Inclusion of full basic salary prior to 10% deduction in the calculation of severance package – agreed upon
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Extension of deadline for receipt of expressions of interest – agreed upon
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Immediate re-employment in statutory bodies that are self-sufficient – agreed upon
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Reduction in the ban from the civil service from 4 years to 2 years – partially acceptable (require further resolution)
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Compulsory redundancy – partially acceptable
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Inclusion of full basic salary prior to 10% deduction in the calculation of severance package – agreed upon
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Inclusion of long service award in calculation of severance package – unresolved
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Therefore it is clear that there has been much talk and very little progress, especially on the issues of major significance. The rapid turnover of CEOs and Governors during our period of negotiation is not helping the process, as no one is accepting responsibility for following up on outstanding issues of importance to civil servants. We therefore find it very distasteful when the administration endeavors to paint a picture of the CSA as an organization that is not thankful, reckless and irresponsible. The CSA has been nothing but patient, too tolerant and gullible as we are fed with promises that would die with the next CEO or Governor and promises as a part of a delay strategy.. The CSA will continue to stand up for all civil servants, past, present and future. It is our duty to ensure that those of our members leaving the civil service leave on good terms and with maximal benefits according to their expectations and entitlement. It is also our duty to ensure that those of our members remaining in the service work in a productive and efficient civil service but must be guaranteed employment under acceptable terms and conditions..
We have a vision of an effective and efficient civil servicestaffed by highly qualified and well trained Turks and Caicos Islanders throughout the ranks of the civil service, a civil service that is accommodating to our youth to ensure that they can progress their professional development and be the future leaders of our nation.
We the CSA will not allow anyone to destroy our vision and together we will stand to fight for our rights as civil servants and as Turks and Caicos islanders.
Therefore the CSA and civil servants do not take too kindly to the threats and the tactics issued recently by Mr. Stanley in an effort to persuade civil servants from exercising their rights and fighting for their survival. Mr. Stanley’s actions yesterday when he suspended the privilege of civil servants to have one sick day without a sick certificate is an abuse of his office as only the Governor can make such amendments to the General Orders and Public Service Regulations.
The CSA would like to make it clear that attempts were made from Friday of last week to engage Mr. Stanley and the Administration in a meeting, but we did not receive the courtesy of reply until late Sunday evening when plans for a strike were well advanced. The letter from Mr. Stanley inviting negotiations came after weekend of planning at Waterloo. It is quite obvious that the Administration has no interest in addressing our issues. Their only objectives are to implement their plans averting resolutions on the issues of grave concern to all civil servants.
We have invited the Administration again to convene a meeting Monday evening for the Administration and the CSA to sit and resolve the long outstanding issues. In the meantime we encourage all civil servants to stand up for their rights and continue to fight for justice. The strike is on until we are satisfied that progress on our issues is being made in a timely manner.
CSA Management Council
The following was an outline from the CSA sent to RTC News.
Voting Begins in Egypt's Landmark Elections
Egyptians have begun casting their ballots in the first parliamentary elections since a popular uprising ended the 30-year rule of former president Hosni Mubarak in February.
Voters stood in long lines early Monday, well before polling stations opened. Thousands of Egyptian judges are monitoring the process.
The staggered polls to elect parliament's lower house began in the main cities of Cairo and Alexandria, as well as Luxor, Port Said and five other provinces. A runoff for those areas is scheduled for December 5.
Egypt's 27 provinces are voting in three separate rounds in a process that concludes in early January. Elections for the upper house will then take place, ending in March, after which the assembly will write a new constitution.
The influential Muslim Brotherhood, an Islamist movement officially banned since the 1950s, is poised to win a stronger role in a country effectively run by the military for nearly six decades as an authoritarian secular state.
But Egypt's ruling generals have established a convoluted electoral system that many fear will result in a legislature lacking credibility. Army generals have made clear the new assembly would have no right to remove a government appointed by the ruling military council.
The head of that body, Field Marshal Hussein Tantawi, defended the army's privileged status in Egyptian society, declaring Sunday that "the position of the armed forces will remain as it is," even after a new constitution is passed.
Tantawi said the country is at a crossroads and can choose either successful elections "leading Egypt towards safety" or face dangerous hurdles that the armed forces "will not allow." He also warned of "extremely grave" consequences if the country's current political turmoil does not end quickly.
Nine days of widespread clashes, with 42 people killed and more than 3,000 injured, have heightened fears of violence among supporters of rival candidates.
The general's warning came as thousands of demonstrators filled Cairo's Tahrir Square Sunday for another massive protest demanding Egypt's military immediately cede power to a "national salvation government" that would run the country until a president is elected.
A number of the revolutionary youth groups leading the demonstrations have proposed that opposition leader Mohamed ElBaradei head an interim civilian administration with deputies from across the political spectrum. The proposed body would replace the military council in supervising Egypt's transition to democracy.
ElBaradei says he would abandon his bid for Egypt's presidency if formally asked to lead such a government.
Meanwhile, saboteurs attacked a gas pipeline in Egypt's Sinai Peninsula early Monday, just hours before polls opened. The assault marks the ninth time this year attackers have targeted the pipeline, which supplies natural gas to Israel and Jordan. The last incident took place Friday.
Some information for this report was provided by AP, AFP and Reuters.
11 Dead in Indonesia Bridge Collapse, 30 Missing
Searchers in central Indonesia said Monday the number of people confirmed killed in the collapse of a bridge has climbed to 11, with more than 30 missing and feared dead.
At least 39 people were injured when the 720-meter-long bridge, built to resemble San Francisco's Golden Gate, collapsed Saturday on Borneo island, hurtling dozens of vehicles into the murky Mahakam river.
Many of the missing are believed to be trapped in cars and buses at the bottom of the river.
Rescuers say underwater search efforts have not yet begun, because of fears that the bridge pilings are unstable and could collapse.
AP
OECD warns of European recession
The OECD has warned that the eurozone and UK could be entering a recession, and has cut its global growth forecast.
The OECD predicted the eurozone economy would shrink in the fourth quarter by 1%, and by 0.4% in the first quarter of next year.
For the UK, the OECD's predictions are a 0.03% contraction this quarter, and a further 0.15% next.
The group also revised down its forecast for global economic growth to 3.8% this year and 3.4% next year.
Events
However it said that a "negative event" in the eurozone could cause a global contraction.
The Organisation for Economic Cooperation and Development represents wealthy countries such as those within the eurozone, the US and Japan.
"More than usual, world economic prospects depend on events," it warned.
In the absence of such an event, the OECD's Economic Outlook predicted positive growth in the eurozone for 2012 as a whole of 0.2%, despite a shallow recession in the period September 2011 to March 2012.
UK growth would be faster next year, at 0.5%, the OECD said.
Trade
The economy is expected to continue to grow by 1.7% this year and 2% in 2012.
However a failure by the US Congress to agree a more balanced way to cut the federal government's deficit could also see the US economy shrinking, the OECD warned, as in the absence of a deal harsh government spending cuts and tax rises are due to take place over the next 15 months.
"Much tighter fiscal tightening in the US could tip the US economy into a recession that monetary policy can do little to prevent," it warned.
Global trade growth is also slowing according to the group.
Trade will have risen by 6.7% by the end of this year, it predicted, but will slow to 4.8% during 2012.
"International trade growth has weakened significantly. Contrary to what was expected earlier this year, the global economy is not out of the woods," the report warned.
Suicide Car Bombing Outside Iraqi Prison Kills 11 People
Iraqi officials say a suicide bomber has exploded a vehicle outside a prison near Baghdad, killing 19 people and wounding at least 22 others.
The blast happened Monday morning at the entrance to the al-Hout prison in the town of Taji. Authorities say the dead include at least 10 security personnel and several civilian workers.
The car bombing is the third major attack in Iraq in the past week. Bombings and shootings in and around Baghdad killed at least 15 people Saturday, while a triple bombing in the southern city of Basra killed at least 19 people Thursday.
Violence has declined across Iraq since a sectarian conflict peaked in 2006 and 2007, but deadly attacks remain common as U.S. troops prepare to leave the country at the end of this year.
Iraqi authorities say 258 people were killed in violence in October, including civilians and security personnel. U.S. and Iraqi officials have said insurgents may intensify attacks in the final stage of the U.S. military pullout to take advantage of a perceived power vacuum. But, they say Iraqi forces will be ready to deal with the country's security problems on their own.
UN Climate Conference Opens in South Africa
Representatives from nearly 200 countries have gathered in Durban, South Africa for a U.N. conference on climate change.
The 12-day meeting began Monday and will focus on efforts to extend the Kyoto Protocol, which is set to expire next year.
The Kyoto pact committed industrialized nations to reducing greenhouse gas emissions by a set amount by 2012, but efforts to negotiate its successor have been on hold since the failure of the climate conference in Copenhagen two years ago. Few believe this conference will result in a new agreement, but delegates said Monday they are hopeful.
Tanzania's Richard Muyungi said he thinks the countries can overcome the challenges of the debate.
Meanwhile, Bolivia's Diego Balanza said delegates have to move past the previous climate conference failures.
He said delegates must push to secure large commitments, which were not achieved by prior talks.
Previous efforts have focused on how to balance the responsibilities of developed nations with those of emerging and still-developing countries.
The conference will also consider ways to raise $100 billion a year for the Green Climate Fund, which aims to help countries cope with global warming.
The world's two biggest polluters, the United States and China, will likely be a focus of the talks.
Earlier this month, U.S. President Barack Obama said the United States will use the meeting to urge emerging economies to do more to address global warming. Mr. Obama warned that “advanced economies can't do this alone.”
But last week, China called on developed nations to shoulder the responsibility of substantially reducing carbon emissions, saying they should be accountable for their greenhouse gas emissions during the past 200 years, and that developing nations lack the resources to take the same steps.
The U.S. never ratified the Kyoto pact, and has insisted any legally-binding agreement must also include developing nations.
Martin Stanley sends letter to Government Staff regarding Strike Action
RTC News has received a letter from the office of Martin Stanley in relations to a strike scheduled for Monday November 28th,2011.
The letter from Mr.Stanley reads:
We are aware that a strike has been called for Monday and Tuesday, 28 and 29 November.We hope that many staff will ignore the call to strike, not least because public servants provide vital services to the public, so that the victims of the strike will not be ‘government’ or ‘management’ but will rather be your fellow citizens. It is particularly important that we do not deprive them of essential services such as medical, ambulance, police, fire and social services. It is also important that we do not disrupt the tourist industry which contributes so massively to our economy, and whose taxes pay for a very large part of our wages.
Nevertheless, we do respect the right of non-essential staff to strike, subject to loss of pay for the period whilst not at work (see General Orders 3.3.28). Please also be aware that:
- · Absence from work on the day(s) when strike action has been announced will be treated as if you are striking unless you have a legitimate reason for absence. For example:
o You will be granted sick leave where the sickness has been certificated prior to the strike. In cases where sickness begins on the day of the strike, you should obtain a certificate from a medical practitioner (GO. 8.2.2). (The concession which permit’s one day’s sick leave to be taken without obtaining a certificate is suspended.) o Other reasons for absence will only be accepted if annual leave has been granted (and recorded in writing) in advance, or if there is clear evidence of the need to be absent other than for strike purposes e.g. caring for a member of the family where there are no alternatives . Discuss such cases with your manager who will advise you on obtaining appropriate evidence.
- · If you do not intend to strike, you should make every attempt to attend your normal place of work. If for any reason the office is closed or access is difficult (threatening picket lines for example) you should report to the nearest alternative government department and report to a supervisor or a senior officer so that your attendance can be recorded. Otherwise you may be treated as striking. If it is absolutely impossible for you to report to any government premises, you should telephone a senior manager or OPSM and explain your circumstances.
- · Permanent Secretaries have been asked to ascertain, as best they can, whether staff who strike on 28/29 November were also on strike on 22 November and report accordingly to OPSM. Such staff will lose pay for 22, 28 and 29 November. Permanent Secretaries will however assume that those who work on 28/29 November also worked, or tried to work on the 22nd.
- · s.27 of the Trade Union Ordinance makes it a criminal offence to attend at premises in such numbers or in such manner as to intimidate and it makes it an offence for even one person to attend at another's home to intimidate. The offence is punishable with a fine of up to $800 and/or 3 months gaol.
Martin Stanley
Chief ExecutiveTurks and Caicos Islands Government
Statement by Chief Executive re Strike & Rumours
Issued on behalf of Martin Stanley, Chief Executive, TCI Government:
“I have confirmed in writing to the CSA today (Sunday, 27 November) that we would like to meet them as soon as possible to work to avert any further strike action.
“However, it is not appropriate to meet when CSA members are on strike. Should the strike unfortunately continue through to Tuesday evening, the earliest that this meeting can take place is Wednesday, 30 November.
“The meeting will discuss the terms and conditions of employment of TCI Government employees. It is not appropriate for the CSA to link their ‘national issues’ to strike action by public servants. We will remind the CSA of the concessions and improvements that we made both last Spring and in my letter to Dr Ewing last Friday.
“While the current administration will continue to discuss national issues with key stakeholder groups, including the hoteliers, tourism and financial sectors as well as the CSA, we must bear in mind that decisions on many of those issues will more properly fall to be decided by any new incoming administration following elections.
“Finally, I would like to correct rumours that have been circulating about the strike:
1. “It is not true that we are planning further cuts to Civil Service pay – we appreciate the sacrifices already made by our colleagues and believe that we can make the saving and rebalance the civil service without further cuts.
2. “It is also not true that there are any plans to cut Kindergarten classes – indeed we are considering ways in which these vital early years of education can be further improved in conjunction with UNICEF.
3. “Nor is it true that a Royal Navy vessel is ‘lurking’ off the coast of TCI – this is ridiculous scaremongering.”
CSA Email to Public Servants
Dear Public Servants,
After meeting with the Interim Administration on Wednesday November 23, and with civil servants yesterday, there was a general agreement that the Administration failed to adequately address our concerns which led to a unanimous vote among those present at the meetings yesterday, to continue industrial action.
The CSA Management Council invited the Administration to engage in a meeting today, Saturday, November 26, to further discuss the outstanding issues with a view to resolving them and to avoid a strike, however, our requests have not been acknowledged.
Therefore the CSA Management Council with your majority support will be taking industrial action in the form of a strike against the Interim Administration for the reasons outllined below. The strike would take place November 28 and 29, 2011.
All Public Servants on Providenciales will gather at the parking lot of the Department of Immigration and Labour at 7:30 am where demonstrations will take place until 5pm.
All Public Servants on Grand Turk will gather at Emancipation square at 7:30 am. A motorcade will start from Emancipation Square and will end at the NJS Francis Building where demonstrations will continue until 5pm.
All Public Servants are asked to wear RED!
ISSUES
Failure to reduced the period of ban from the civil service from 4 years to 2 years
Failure to consider staff redeployment before voluntary or compulsory redundancy
Failure to complete a proper public sector reform assessment before redundancy
Unauthorized 10% salary deduction
Reduction of the period for housing allowance from 5 years to 3 years
Failure to provide gratuity for persons employed locally after April 5, 1992
Unfair pension policies
Unfair right sizing practices
Unfair salary deductions and regrading
Other National Issues
Increased taxation
Significantly reduced scholarship opportunities
Reduced social services support
Increasing unemployment
Reduced support for Youth programmes
Unfair Laws