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Some workers placed on non-active status�
PELICAN--The Villas at Simpson Bay and Simpson Bay Resort and Marina (formerly Pelican Resort) reopened on Saturday with its workers on board and can now accommodate timeshare members.
However, workers were given letters indicating that their work week has been reduced from 40 to 32 hours.
A number of workers were also given letters stating that they have been placed on non-active duty pending the outcome of dismissal requests.
Attorney representing the Workers Institute for Organised Labour (WIFOL) Maarten le Poole told The Daily Herald on Sunday that the union was not happy with the reducing of the work week. He said while the Collective Labour Agreement (CLA) makes provisions for a reduction in work week, this decision was not made in keeping with what is stipulated in the CLA because management did not consult with the union.
The union, le Poole said, also believes that management should have specified that the work week would be reduced in the agreement signed between the union, government and management for the reopening of the resort. Le Poole said this concern will be raised with the resort and if necessary with the government mediator. "WIFOL is not happy with this," le Poole stressed.
Regarding the placing of some workers on non-active duty le Poole said, "This was expected, as the agreement signed with the company made provisions for a minimum of 37 and a maximum of 50 workers to be dismissed pending the outcome of the dismissal request made at the Labour Department."
The exact number of workers placed on inactive status could not be ascertained yesterday. Le Poole said an inventory will have to be done to determine the exact number.
Le Poole said the labour laws indicate that workers from outsourced companies are required to go first in cases such as this one. He said it is expected that the labour office will apply the last in, first out policy. "That is one of the policies of the labour office and I hope that they look at this when they look at dismissal requests. We assume that they will handle this dismissal request like any other. There is no reason to assume that the labour office will not do that."
Saturday's reopening meant that timeshare members, exchangers, renters and guests were allowed to check in. All of the 425 units were expected to be open and all amenities available and fully functioning.
Management had earlier expressed its deepest appreciation for the patience and support of the thousands of timeshare members who call St. Maarten their "home away from home."
"While the new owner of Simpson Bay Resort and Marina and The Villas at Simpson Bay encountered many unavoidable delays in its negotiations with the workers union WIFOL ? whose demands were difficult to meet without compromising the long-term viability of the resort ? the new owner persevered in its desire to open the resort," management had said earlier.
The new resort owner had promised in a press release last week to continue to work with all the parties to find permanent solutions that will allow it to sustainably operate the resort in a "financially viable manner."
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