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Dispute continues at Clifton Hunter site
[September 30, 2009]

Dispute continues at Clifton Hunter site


Sep 30, 2009 (Cayman Net News - McClatchy-Tribune Information Services via COMTEX) -- Work at the Clifton Hunter High School construction site came to a halt once again in what is another episode in an ongoing labour dispute between contractors Tom Jones International and sub-contractors East End Steel.



On Monday 28 September, East End Steel workers refused to leave the job site after being asked not to report to work that morning by Tom Jones International, who sent out an email advisory on Friday.

Police had to be called to the scene to provide mediation between the parties and/or remove the men from the site.


Paul Schreiner, Tom Jones International financial controller, said that the John Gray construction project was shut down because of non-payment and that Tom Jones had a number of men on that site that were moved to the Clifton Hunter site. "We are replacing Caymanians with Caymanians. We moved 25-30 men from John Gray to the Clifton Hunter site and all the men that are replacing East End Steel's men are Caymanian." He added, "We had a decision to make, whether we keep our Caymanian workers employed or those of the sub-contractor East End Steel and we decided to keep our Caymanian workers employed because the John Gray site was shut down." "There is a limit as to how many men can work on a site at one time to be efficient to be effective," he said.

In an official statement, Tom Jones International said, "In July TJI submitted its application for payment which was certified for approximately $3.6 million, due for payment 10 September 2009." As payment was not received by 17 September, "(TJI) gave formal notice (as required) that in one week, it was stopping work on the John Gray site until payment was forthcoming. On September 24, not having received the funds, TJI closed down the site." Attorney Peter Broadhurst, legal counsel for Tom Jones International, confirmed that there are issues with the government with respect to payment and non-payment and that those matters are being considered. "The government owes the money that has been certified by the architects and the quantity surveyors as being due and owing and the government is continuing to deny that and it is the issue that we are dealing with." He said, "Tom Jones is a local company controlled by Caymanians. It is just not true that people are trying to replace Caymanians with work permit holders. Caymanians are employed in the positions that are available to them and to my knowledge the company is doing their best to fill all available positions with qualified Caymanians." Mr Broadhurst continued, "I do not see any discrimination whatsoever by Tom Jones and I would refute any insinuation to that effect. The job requirement changes as the job progresses. The skills of the workforce and qualifications of the workforce changes as the job changes. If there are issues they should be dealt with in the proper forum whether it is mediation arbitration or through the court system." East End Steel has been subcontracted to provide workers to Tom Jones International since July 2009 but have experienced ongoing labour disputes.

The company reportedly received an email from Tom Jones late in the day on Friday 25 September 2009 saying that 30 out of the 37 men contracted to work on the Clifton Hunter construction site on Frank Sound Road should not report to work on Monday 28 September 2009.

Despite the email, all the contracted workers showed up for work on Monday morning.

As a result, it has been reported that representatives from Tom Jones International tried to shut the men out of the compound, but the men refused to leave, saying that they are Caymanian and had every right to work on the job site.

Brent McLean, owner of East End Steel, said, "Tom Jones International called the police to take the men off the site but when the police arrived they determined that there was no need to remove the men from the site, because we had not disturbed the peace and Tom Jones allowed the men to continue working for the day." Mr McLean said that the Immigration Department is looking into the matter and they have requested a list of all workers on the site.

Attorney Steve McField, legal counsel for East End Steel, said, "Our position is that Caymanians should not be sent off the job if they are able and willing to work. Caymanians have to be first and foremost under the Immigration and Labour Law. That is the policy and Caymanians must abide by that and Tom Jones International must adhere to that." Mr McField added, "They are doing this because they know that they can hire expatriates at a lower wage. They want the expatriates to work at a cheaper rate simply to further their own agenda which is to increase their profit margin.

"We are regrouping and we are examining the legal and political actions that are available to us. This is a legal, political and social matter. I can tell you that we are prepared to take whatever action we can that is within the law. East End Steel will stand firm and will protect the rights of Caymanians to work in their own country. Caymanians will not be intimidated by Tom Jones International or anyone else in their own country.

"We hope that this will be settled amicable. If they, (Tom Jones International) think that they are going to lay off Caymanians and bring in expatriate workers that kite is not going to fly." As of Monday, the Caymanian workers were still on the construction site.

Mr McLean said, "Tom Jones International have up to 50 or 60-work permit holders on the site and we have 30 Caymanian workers which they (Tom Jones) are trying to remove from the site. Our position is that you cannot take Caymanians off the job while you continue to have work permit holders. That simply cannot work," he said.

"Caymanian workers are once again being asked to leave the job site. We are prepared to stay on the site for as long as possible. We are not going to lie down and stop working while Caymanians are ready to work. East End Steel are providing labourers, carpenters, plumbers and electricians. We are in this together and we are not going to give up this struggle," he added.

To see more of the Cayman Net News or to subscribe to the newspaper, go to http://www.caymannetnews.com/. Copyright (c) 2009, Cayman Net News, Grand Cayman, Cayman Islands Distributed by McClatchy-Tribune Information Services.

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