The Kingdom Representative Gilbert Isabella has appointed Mr. Boasman once again as the labour mediator for Saba and St. Eustatius. In 2015, Mr. Boasman tendered his resignation to fulfill the function of Minister on St. Maarten. From that time, Mr. Pontilius also got the work areas Saba en St. Eustatius in addition to the work area Bonaire. Mr. Pontilius will now handle only Bonaire. In absentia the mediators can perform tasks in each other’s work area. Both mediators have sufficient knowledge and experience with the function.
The inauguration of Mr. Boasman has taken place July, 11th 2016, through the Acting Representative of the Netherlands in St. Maarten Mr. Chris Johnson.
The Labour disputes Law 1946 BES, which on 10-10-10 replaced the “old” Netherlands Antilles federal decree, knows the function mediator. Core of the Labour disputes Law 1946 is resolution through mediation. If there is a dispute, which threatens to give rise to a strike involving 25 employees or more, employers and/or employees or board members of their labour union involved in the dispute are required to seek the intervention of the mediator. If less than 25 workers are involved, the involvement of a mediator is then optional.
Also during the realization of a Collective Labour Agreement (CLA) there could be a role for the mediator. He provides mediation on request of the employer or the board of the labour union in the negotiations about entering into a Collective Labour Agreement (CAO).
The mediator also has a role in determining the representation of workers ‘ representatives in negotiations with their employer. He can also, upon the request of the employer or the board of the labour union, hold a referendum among workers in a company to determine which labour union has been appointed by the majority to represent them.
The jurisdiction of the mediator is limited to the business sector. He has no task in the public sector.
If parties would like to call on the mediator this can be done through the RCN-unit SZW on Bonaire, St. Eustatius and Saba to the attention of Mr. M. Eustachia, email Marlin.Eustachia@RijksdienstCN.com, telephone no. 715-8371.
Press release RCN