The roll out of the BIU website is an excellent step in the right direction for the organisation and it will definitely serve the union, its members, and the public well by, among other things, disseminating first-hand information on matters related to the BIU. (I have a pet peeve about organisations not having websites in this technologically advanced day and age because they are such powerful and important tools in promoting organisations, disseminating information, and managing public relations.) I have certainly made use of the site from the moment Mr. Furbert mentioned it at a press conference during the bus strike a few weeks ago and would encourage others to do the same.

Mr. Furbert chose not to mention the name of the staff member who approached the BIU Executive about designing the website, but whoever they are, they have not only done good work; they clearly demonstrated great initiative by presenting a proposal to do it in the first place. This is the sort of attitude and quality of work that is deserving of recognition and praise. So, well done, whoever you are! It is a well put together site.

Now that the financial statements are getting sorted, it would be another great step to create a section on the website that includes information on the BIU’s financial position and performance, displaying the latest financial statements as they become available. Members, in particular, should make a special effort to scrutinise this information and ensure that they are satisfied with the way their membership contributions are being invested and that they are confident about the overall financial status of the union. (Read my previous article for suggestions of questions to consider when reviewing the statements.) It is only sensible that we should all follow this process for any organisation we invest with or with which we are similarly engaged.

While the submission of the outstanding financial statements is a step in the right direction, we cannot say the matter is quite closed, however, because the quality and content of those statements will be of interest to many. Also, there still remains the question of why the office of the Registrar General allowed this situation to go on for such an unacceptable period. Is the office lacking enforcement powers or did it simply choose not to hold the BIU accountable? It also begs the question: What other organisations are similarly behind and why has the Minister / Minsitry of Finance still not addressed the public on the issue? The Bermuda Government cannot speak about transparency and good governance and then remain silent when it comes to issues of this nature and magnitude; otherwise, public confidence and the country’s reputation is adversely affected.

Similarly, it might be necessary to also shift attention to the last published Auditor General’s Report (2008) in which it was highlighted that the problem of late submissions (albeit, none as extreme as the BIU case), denied financial statements, and those drawing qualified opinions from the auditor did not seem to be waning or effectively addressed. What is the status of parish councils, aided schools, and other institutions that receive funding from the government and were reportedly delinquent? And how are individuals being held accountable in these circumstances?

When I listened to and then read the statement issued by Minister of Transport Terry Lister, it certainly seemed correct that the bus driver at the centre of the dispute should be sacked. Last night, I listened to the statements made by head of the Bermuda Industrial Union (BIU), Chris Furbert, and there were a few things he said that were of interest.

The first point that Mr. Furbert seems to be making is that there is a difference between what is required of an employee in terms of pre-employment drug testing and drug testing during employment, as detailed in the employment contract. It sounds as though (according to Mr. Furbert’s comments) the Department of Public Transport (DPT) and, by extension, the Ministry of Transport, have used the pre-employment process for drug testing as a basis for assessment and conclusion of the situation, when a different process has been contractually agreed for circumstances arising during employment. However, I am guessing the Ministry will argue that what they have ultimately fired the employee for is gross insubordination – refusal to take the drug test on five separate occasions, as stated by Minister Lister at his press conference. Unfortunately, this leads one right back to whether she should have to take a drug test or not; and if the employee has refused, based on her employment contract saying she does not have to take one, then it seems she would be correct (contractually, at least) to seek representation and refuse.

The waters are further muddied by the whole urine or hair follicle test debate and one or two other allegations made by Mr. Furbert at yesterday’s press conference: Namely, that there are no police report and photos concerning the accident; the bus never moved; and that the employee was told (presumably by management) that her shop steward said she could take the drug test (which, according to Mr. Furbert, was untrue, and, therefore, deception is implied).

I do not know what the employment contract or the Collective Bargaining Agreement (CBA) says on any of this, but the current impasse and the questions that arise as a result of statements at both press conferences mean that arbitration will very likely be necessary for resolution.

In general, I believe that if there was an accident and a passenger was injured, a full investigation is in order and a drug test should be standard. The drug test should be immediate and it should be a hair follicle test. (Bus drivers should be subject to random drug testing, regardless, but that’s a story for another day.) I also believe that the employee’s refusal to comply should also result in termination of her employment. Unfortunately, however, it is not as cut and dried as this because of the contractual agreements between employers – in this case, the DPT – and the BIU.

I have always believed that unions play an important role in society in ensuring fairness and protection for employees. When we look back at the enormous contributions they have made in making the work place a fairer and just place for so many who did not have rights or a voice, we are reminded of the debt we owe them. Today, the unions continue to rightly assist workers who are treated unfairly and this is crucial. However, I also believe that it is time for unions – and, particularly the BIU – to modernise with the help of a much higher calibre of leadership that introduces a more professional style of management when addressing labour issues and overall operations.

I would like to see the BIU continue to work in earnest for the rights of workers, but I would also like to see them encourage greater accountability among their membership when they fall short in the workplace. It is ultimately the role of the employer to ensure accountability on the job, but the BIU can greatly assist by engendering a spirit and culture within its membership that is devoted to high standards in the workplace in terms of performance and attitudes on the job. I think there are many creative ways in which the union can do this and I would be very interested in seeing them embrace such an approach. There is no doubt that there are many union employees who are outstanding workers and who have fantastic attitudes, but far too many are not and they hide behind the Union and the CBA. Of course, few would get away with it if managers/employers handled situations correctly in the first place and followed agreed procedures.

Oh, yes, the procedures…It is time to have a look at them.

Is it really necessary to have so many convoluted procedures and processes? Surely, they can be scaled down to allow employers and managers to have greater flexibility in using their judgement to address situations without having to feel they need a course on the CBA. There are some things which are common sense and if unfair treatment results then the union can step in and other mechanisms can be used to resolve differences. As it stands now, it is often the processes which, although important in some instances, are too frequently manipulated for the benefit of rogue employees or general poor behaviour. This leads to staff thinking they can get away with whatever they choose if they run to the union; and managers sometimes being hesistant to address issues because they don’t want to deal with the headache of a labour dispute. The bottom line is that we end up with mediocrity in the workplace.

It is time for a change.

Although, arbitration appears to be the right avenue for resolving this dispute and doing it quickly, I do have to admit to thinking that if the Bermuda Government decided not to budge, then this could be a necessary watershed moment. Goodness knows that the PLP stand to lose a fair bit of politcal capital if it all backfires on them. If they thought the public was against them before all of this, I shudder to think of the potentially overwhelming discontent that they will be faced with should their current stance prove unsuccesful. However, standing firm might help to signal a change in the way things are done when dealing with the union. Who knows?

In terms of the current issue, there are a few other things that come to mind that I must rattle off before I disappear into a mound of work again:

• It would be interesting to hear from the injured bus passenger. I am surprised that no reporter has sought to get in touch with him or her, to get their version of what happened and to hear their take on the situation. Most importantly, it would be good to know that they are okay and recovering well from the injury. Very odd that no one has mentioned this.

• After reading so many comments online, I would like to encourage residents not to villify the bus driver, Jennifer Harvey, who is at the centre of this dispute. I have no idea who Ms. Harvey is and if things transpired as Minister Lister described, then I do think she should be sacked; but, obviously, there are two sides to the story which are coming into sharper focus. Whether we agree with her or not, all of the name calling and unkindness is really lowering the tone. We can disagree and be displeased with someone or a situation without resorting to nastiness. (While I expect she cannot speak publicly, if it is possible, it would be interesting to see if the media are able to interview Ms. Harvey to hear her views on what is going on and for her to share her side of the story.)

• Comments made by Chris Furbert which alluded to how bus drivers who choose to return to work in spite of the strike would or could be negatively treated were incredibly unprofessional and unseemly. He might view it as just telling it like it is, but this is precisely the kind of thing that I am referring to when I say that the BIU needs better or more professional leadership. His tone and comments come off as bullying and are not in keeping with the kind of example that should be set for the BIU membership or the community at large.

• The media are to be congratulated for staying on top of the story as it continues to develop. Like many other Bermudians living abroad, I rely on the various media outlets to keep me up to date on the happenings in Bermuda, so it has been a great help. I especially appreciated the audio clip posted by Bernews of the full press conference held by Chris Furbert. It allowed me to dissect a few things directly, without reading secondary reports, which is how we usually get news. In doing so, I am reminded that we don’t have all of the information and we must be careful not to rush to judgement. The story on this dispute will continue to unfold and we will need to temper our comments with this in mind, at times.

• And, finally….the best for last…..I am so proud of the residents of Bermuda for coming together and helping each other out with transportation amid the bus strike. Whoever started the Facebook page “Help give a ride to work Bermuda”, I tip my proverbial hat to you. I’ve been wishing I could be in Bermuda now to participate and witness it all directly, but I am cheering everyone on in light of the challenging circumstances. It is this kindness and togetherness that is the real essence of being a Bermudian. Keep at it!

***UPDATE:  I’ve just come across the following article in the Bermuda Sun titled: “Leaked Report Lifts Lid on Bus Dispute” which raises an eyebrow.

The research examines how the various, and sometimes influential, relationships subordinate and junior employees have outside of the workplace impact the management practices and leadership behaviour of managers in Bermuda.  As a result, to participate in the study, you should be a middle or senior level manager within a company or organisation in Bermuda.

***While managers from ALL sectors in Bermuda are welcome to participate, I am extending a special invitation to those from the international business sector and expatriate managers on the island. This will help to ensure I have a balanced sample for comparison across sectors.

I would be forever grateful if you could help me with my research by completing the questionnaire via the link below and passing it on to as many of your friends, colleagues, and other contacts in Bermuda, as possible. If you are a fellow blogger, I would also appreciate it if you helped me spread the word by mentioning it to your readers and/or posting a link to the questionnaire on your site. Please also note that participation in this study is voluntary and anonymous. The questionnaire and further details can be found by clicking the following link:

Click HERE to take the survey

If you would like to share your views in even greater detail, then you are more than welcome to contact me, as well.  In the meantime, many thanks in advance for your valued participation and feedback.

In terms of television presenters, I have often felt that VSB provides a more polished and professional team.

Now if they could just start streaming their radio stations online then that would be fantastic. I miss listening to Mix 106 FM in the morning!

Fantastic tennis!!!!

“The records show that BIU officers have not filed any accounts with the Registrar General since 2003, as required by law under the 1965 Trade Union Act. In addition, the accounts filed for the period from 1999 to 2002 were rejected for not meeting the requirements of the law. In other words, union members have not been able to see approved financial statements for the union for approximately 12 years. This is against the law. It also is just plain unacceptable.”

- Michael Fahy, quoted in The Royal Gazette on June 27th 2011.

If there was a delay of months due to mitigating circumstances, then it would be reasonable to expect the Registrar General to permit a brief extension, but a decade of non-compliance is beyond appalling. Every BIU member should be concerned by this issue because it is one of governance and the financial management of their money; and they should be asking the BIU leadership questions. How can anyone reasonably know whether the organisation is being operated properly without approved, audited financial statements? What is the financial status of the BIU? Are there sufficient funds to support members if the need arises amid industrial action or other trying circumstances? What is happening with their membership contributions? And are members getting value for money, in terms of financial management, investment decisions, and management performance? It might be that the BIU is in very good financial health and that members are financially protected, but without knowing the status of the BIU accounts, members have no way of confirming this…and not knowing for certain for over a decade is shocking.

Questions also must be asked of the office of the Registrar General. Why have they allowed this to go on for so long? Why has the BIU not been held accountable for non-compliance? When organisations have problems, as indicated, the Registrar General should work with them where this can be reasonably expected; however, delays of this magnitude – the better part of a decade – are inexcusable. Further, this debacle also calls into question whether there are other organisations that the Registrar General has allowed to forgo submission of accounts for lengthy periods; and should serve to put them on notice if they are similarly delinquent.

As for the management of the BIU, where does the buck stop?

The Financial Controller of the BIU must be held accountable. Mr. Furbert bears some responsibility, as well, since this has happened on his watch. As head of the union, he should have some general knowledge about the accounts of the organisation and whether financial and reporting obligations are being met.

Members should be looking more closely at how the union is being run and take a more active role in ensuring that financial information is presented to them regularly and that they clearly understand that information. Does the BIU have Annual General Meetings that include the membership? Is financial information reviewed for the benefit of the members if there are such meetings? Are there regular board or executive meetings, keeping an eye on financial information, reporting, and regulatory obligations? What checks and balances are in place and, moving forward, will accounts be presented to the membership at regular intervals, so all are aware of the financial position of the union and, more specifically, how member contributions are being allocated, invested, or accounted?

For members who are not sure what specific queries they should be making when they do see the financial statements, here are a few basics to get you started:

1. Is the BIU in the red or the black?  Is it losing money or making money?  Why?
2. What is the change in its financial position since the last financial reporting period?  Has it improved or deteriorated?  Why?
3. How much is owed to the BIU and how much does it owe to its creditors?
4. How does what the BIU owes compare with what it is owed and what is the state of its ability to meet its loan (owed) commitments?
5. How much in membership dues has been collected for the financial period being reviewed?
6. How much have membership dues grown or reduced since previous reporting periods?  Why?
7. How and where are membership dues being invested and is a satisfactory return being made?
8. What other investment and purchasing decisions have been made by the organisation and what are the implications for such decisions in the current economic climate?

These are only a few general questions and other individuals might suggest further, helpful questions to guide members. Also, these questions should not be solely for the BIU, but should be asked by anyone of any institution when reviewing their financial statements. Certainly, more complex questions will be asked based on a person’s knowledge of Finance and accounting standards and practices. If nothing else, perhaps this dilemma with the BIU’s financial statements can serve as an opportunity to encourage Bermuda residents to take a more active approach to reviewing the finances of organisations and businesses they are involved with. It helps to bring about better governance and accountability on all fronts.

The right thing for Mr. Furbert and his team at the BIU to do is resolve the situation immediately; ensure that the membership has access to up-to-date, accurate financial information on the Union; and to reassess the management of the organisation. The BIU must be held accountable for non-compliance and the Registrar General must similarly be held accountable for lack of enforcement. It would be important to hear from the Ministry of Finance on this matter, as well, so that the public can be confident that it is being appropriately addressed.

The seriousness of the situation is compounded by the fact that the Bermuda Government released the BIU from its significant obligation concerning the Performance Bond re the highly controversial Proactive contract for the building of The Berkeley Institute Senior School a few years ago (see below). This left a bad enough taste in the mouths of many residents of Bermuda who felt the government should never have done this in the first place. Personally, I do not wish to see the downfall or failure of the BIU, but I do believe it must be held accountable for its actions and if that means failure, then that is the consequence it must face. Great lessons can be learned from failure and sometimes it is the only way that some will learn.

Incidentally, I was looking for more information online about the BIU and it appears there are scant details available other than news reports. (A website for the BIU would be a good tool for disseminating information to members and promoting the organisation in ways they best serve its members, by the way. It should be part of a much-needed modernising process for the BIU.) However, I did come across the following video clip on YouTube posted in 2009:

Here, Mr. Furbert is correct when he states that people make mistakes and that they learn from them. However, this is about, what should be, the professional management of an important organisation which demands a high degree of competence, knowledge, and skill. Major errors in judgement or questionable management performance are not befitting analogies to childlike mistakes. It makes one wonder if the BIU leadership has learned anything from their past blunders.

It is time for better governance and management. The BIU members and Bermuda deserve this much…at least.

Will have my head down for the rest of the evening, though. I’m finishing a paper and preparing my case studies for tomorrow’s session…(all while watching Wimbledon, of course…and REALLY hoping Tsonga wins!)

Will be back on Friday…

As far as I’m concerned, as soon as the graffiti goes up we should move swiftly to scrub it down. Take a page out of Rudy Giuliani’s book, when he was Mayor of New York City, and have the graffiti removed within 24 hours. No matter how much this kind of antisocial behaviour persists, this should be our policy; and we should take this approach with any other vandalism on the island, as well. It will stop.

I don’t think the Works & Engineering staff should be the ones removing it, either. (We need them to do other things, like fixing the roads!) Instead, find out who is doing this nonsense and make sure that part of their punishment is removing the graffitti and performing other community service.

When the guilty parties go unfound, then set the inmates at Westgate Correctional Facility to work removing graffiti – not to mention manual labour and community service that is needed around the island. I don’t know why they are not out doing this kind of work in the first place, but it’s time to implement it as part of their “rehabilitation”.

The best we can all do is reserve judgment until the findings are revealed, tempting though it might be to do otherwise. The parties involved deserve this consideration.

However… There is something that caught my eye when reading the article that warrants comment. It concerns lawyer Mark Pettingill’s representation of Dr. Brown.  This was a somewhat surprising revelation and I am wondering just what the One Bermuda Alliance (OBA) really think about it. It certainly seems a rather curious move on the part of Mr. Pettingill. He is a politician in the Opposition party (I take it we can safely call the OBA “the” Opposition now), and he is representing Dr. Brown, who has been a key, and sometimes controversial, figure from the ruling Progressive Labour Party (PLP).

Dr. Brown is entitled to choose whatever lawyer he wants to represent him and Mr. Pettingill can, generally, accept whoever he wants as a client. Professionally, there is nothing “wrong” with Mr. Pettingill representing Dr. Brown. Let’s face it, in a small island like Bermuda, where lives are so intertwined, we are often faced with situations like this, where we have to consider whether conducting business with some people or organisations in any way represents a conflict of interest. Some of these situations are relatively benign and others are more glaring and even stir debate as to whether they are, indeed, a conflict of interest or ethics. For some, Mr. Pettingill’s representation of Dr. Brown might well fall within this “debatable” category. It seems a natural dilemma for Bermuda’s part-time politicians who wear two hats – one of professional and one of politician.

The particulars of the allegations concerning Dr. Brown likely make Mr. Pettingill’s choice appear even more questionable in the eyes of his constituents and the public at large. People in Bermuda seem to have had enough of anything that suggests any impropriety or a lack of transparency or good governance – especially where political leaders are concerned. Unfortunately, the allegations made in this situation speak to such concerns. Further, many residents have often perceived Dr. Brown as a divisive or controversial figure during his tenure as Premier and there have been previous questions about the way he chose to govern. Now, with these latest allegations, those negative perceptions are bound to resurface among residents. How does this play out for Mr. Pettingill in his role as a Member of Parliament within the Opposition, OBA? Does it affect his credibility in this regard among residents? It is a slippery slope, perhaps, and the answer, no doubt, rests with the court of public opinion as the people of Bermuda make their own assessment of the situation. Certainly, if the outcome of the investigation is not in Dr. Brown’s favour, then Mr. Pettingill’s representation might be viewed even worse by some.

On a more optimistic note, it could be asserted that Mr. Pettingill’s representation of Dr. Brown is a case of offering the best defence possible to clear an innocent person’s name and to champion truth and fairness. It could be argued that this is in keeping with a philosophy that is committed to transparency, objectivity, and the protection of all people – even those we might disagree with at times. After all, there is no need for politicians on opposing sides to be acrimonious with each other; and I would expect there will be occasions when they do engage in some form of business with each other; but they must be extremely careful about just what this business is and how it fits with their political platforms and leanings. I do not know Mr. Pettingill, so I cannot speak to his character or motives, although I do sense he does care about Bermuda. I certainly applaud him if the philosophy just described is his own, but I would be concerned about whether this professional decision is something that ends up affecting the level of confidence or trust that the Bermuda electorate might have in him; or how it reflects on his party.

Which brings me to the OBA. Whatever the outcome, this situation presents an opportunity for the party to reflect and decide on whether it needs to put in place any guidelines for its representatives to avoid or effectively address such dilemmas. As a fledgling party which is putting itself forward as something new and different – a party which aims to “renew confidence” – it can ill-afford to give the impression that it does not live up to its aims. After all, the party does say on its website that, “We will ensure that no conflict arises, or could reasonably be perceived to arise, between our public duties and our private interests, financial or otherwise.” Given this, it would be best to not leave any semblance of doubt in the minds of the public; and with part-time politicians, some formal guidelines are surely in order. The OBA must be very careful about its image, as should any other party, given that politics has as much (or more) to do with image, than substance, at times, whether we like it or not. So far, the OBA is looking very professional and progressive, but there are still many who are sitting on the fence and waiting to see just what the OBA is about and whether they really do offer anything new. It is those people who the OBA must be particularly mindful of as they seek to increase their supporters. Ensuring there is little or no doubt about what it stands for in the minds of the public remains critical – even more so at such an early stage of the party’s existence.

As for the investigation, let’s hope there is no truth to the allegations, not just for Dr. Brown’s sake, but for Bermuda. Now, more than ever, it is particularly pertinent that the valuable Bermuda brand is well protected and there is no further damage to the island’s international reputation.

People are watching.

While I am not familiar with and cannot speak to the finances and operations of this particular organisation, I do believe that charities, in general, should be run more like businesses – i.e. as though they are for-profit entities. This encourages more creative thinking and assertiveness in terms of fundraising, rather than a greater reliance on grants and funding from other sources. This is no small task and even businesses are being forced to find ways of tightening the purse strings and being more innovative in raising capital and turning a profit – let alone a “healthy” profit. However, this cultural shift will serve charities well in the long run and will make them even more vigilant in their decision-making about how resources are allocated.

Still, what struck me most about this story was that there are 100 children on a waiting list to be matched with a Big Brother or Big Sister, with most of the children being young boys. In my view, this provides an excellent opportunity for residents of Bermuda to get involved and make a difference. It would be particularly pleasing if a number of positive male role models contacted the organisation to offer support. If people are so concerned about addressing social issues on the island, surely, this is one way in which they can be part of the solution.

Even though I am in the UK, I will be passing this information on to friends and family to encourage their support. If individuals can’t assist directly, perhaps they know of at least one person who will. Big Brothers and Big Sisters of Bermuda can be reached at: 232-2802.