President of the Bahamas Hotel Catering and Allied Workers Union (BHCAWU) Nicole Martin yesterday appealed a Supreme Court ruling that ordered the union's Executive Council to hold an election on or before February 28, despite previously stating she would not appeal. According to court documents obtained by The Nassau Guardian, Martin and the members of the union's executive team claim that they were elected in April 2010 for a term of three years in accordance with the provisions of the union's constitution.

Chief Justice Sir Michael Barnett made his ruling last month on a constitutional motion filed by David Beckford, a former chief shop steward of the union. In his ruling, Barnett determined that the term of the current executive board, led by Martin, began in May 2009 and expired in May 2012. The courts previously nullified elections held in May and September 2009. While the current executive members maintain their term remains in force until May 2013, Martin has said the union will comply fully with the ruling.

The Executive Council announced February 26 as the date for the a tri-annual meeting and union election, which now depends on the ruling by the Court of Appeal. Attorney Harvey Tynes, QC of Tynes and Tynes, who represents Martin and the executive members, requested an expedited hearing as the judgment has resulted in doubts as to whether the executive team has the authority to manage the affairs of the union.

"Specifically, the union's banker, Bank of The Bahamas Limited has shown reluctance to honor checks signed by Darrin Woods, the general secretary, Hubert Saunders, the treasurer and Betram Williams, trustee," read a letter addressed to Bahamas Court of Appeal Registrar Indira Francis. "Meanwhile, the union employs more than eighty persons at its two administrative offices in Nassau and Freeport and is required to pay salaries, sick benefits and other claims on a weekly basis," the letter continued.

Beckford said yesterday that Martin's decision would mean further expenses for the union that would fall on to the shoulders of its membership. Ferron Bethel of Harry B. Sands, Lobosky and Co. represents Beckford, who is vying for the post of union president.

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