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THE
Volume 45. No. 115 Friday, August 17, 2018 Price 50 cents
Caption, the late Julian Hall, Delroy Duncan and Robin MacMillan on their way to court to fight for workers rights and social justice.
The Bermuda Industrial Union is in the law firm Trott and Duncan has given advice on constitutional
extremely pleased that lawyer, Del- Limited, Delroy is a member of and judicial review cases both for
roy Duncan has consented to be this the highly regarded Cloisters Law and against the Bermuda Govern-
year’s keynote speaker at our 37th Chambers in London, England. ment as well as governments in the
Annual Labour Day Banquet to be Delroy has been extensively in- Caribbean including the British
held on August 31, 2018 at the Fair- volved in litigation arising out of Virgin Islands, Turks and Caicos
mont Southampton Princess Hotel. company and commercial disputes, and Antigua. He has also acted for
Delroy was called to the Bar at constitutional and human rights the Human Rights Commission of
Grays Inn, London in 1984 and issues and he has advised clients Bermuda in various cases.
called to the Bermuda Bar in 1989 throughout the Caribbean, the Delroy’s relationship with the
by the late Julian Hall. In addition United States, the United Kingdom Bermuda Industrial began in 1992
to being the Managing Partner and the Far East. Additionally he (continue on page 7)
T (441) 292-0044
F (441) 295-7992
E lfurbert@biu.bm
EDITOR
Arnold Smith
asmith@biu.bm
ASSISTANT EDITOR
LaVerne Furbert
lfurbert@biu.bm
Union Corner
Magic 102.7 FM
An interactive radio show
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2 THE WORKERS VOICE AUGUST 17, 2018
“The Brilliance of Burt”
This column was first published in cedures required by senators. We
our August 2, 2017 edition of the also shared some light moments,
Workers Voice. As the PLP just especially when it came to count-
celebrated its 1st Anniversary as ing the number of times a senator
Government, I thought this column across the table from us would use
would be a fitting tribute to Premier the word “turn-around”. I also re-
David Burt to republish it in this member how we did what we had
edition of the Workers Voice. to do to ensure that a certain other
“In my opinion, the person who Senator sitting across the table from
coined the term “the brilliance of us did not have the last word during In My Opinion
Burt” knew exactly what s/he was the Motion to Adjourn. Thankful- By LaVerne Furbert
talking about as was evidenced by ly that same Senator, turned OBA
the Progressive Labour Party’s mas- Leader, did not have the last word Premier of Bermuda highly quali-
sive win at the polls on Tuesday, July on Tuesday, July 18, 2017 either, be- fied. He earned a Bachelor of Busi-
18, 2017. While I am aware that cause of the “brilliance of Burt”. ness Administration with a double
every Bermudian who voted for However, prior to serving as a Sen- major in Finance and Information
the PLP and every member of the ator and Junior Minister of Finance, Systems in 2001. In 2003, he was
PLP’s Campaign Committee and David Burt served an apprentice- awarded The George Washington
others in the background, including ship in the Party at the ground level. University Presidential Adminis-
candidates and canvassers, contrib- Unlike some, he was not catapulted trative Fellowship and received his
uted to the PLP’s election victory, I into a leadership position immedi- Master of Science in Information
do believe that it was the brilliance ately after becoming a PLP mem- Systems Development. He was ap-
of our now Premier, David Burt, ber. It was the “brilliance of Burt” pointed as a Member of the Senate
who provided the glue that sealed that computerized the Party’s mem- as well as Junior Minster for Fi-
the victory. bership records, and it was the “bril- nance and Environment Planning
I recall when David Burt, now liance of Burt” that led the PLP to and Infrastructure Strategy in No-
Premier Burt, first joined the Par- victory on July 18, 2017. I cannot vember 2010. Under Paula Cox, Mr.
ty shortly after graduating from forget, and neither should the rest of Burt served as chief of staff and was
George Washington University in us, David Burt’s words in November Party Chairman between 2006 and
2003. He was what some would de- after his successful bid to lead the 2009. Additionally he has served on
scribe as a “fresh upstart”. I know PLP. At that time Mr. Burt told the Tourism Board, National Train-
that he and I locked horns on more the media “I am looking forward ing Board, a director of the Bermu-
than one occasion during his early to continuing the work to unify the da Chamber of Commerce and as
days in the PLP, but I am grateful party and I am looking forward to director of the Bermuda Economic
that he never held that against me. presenting an alternative vision for Development Corporation
I have openly supported him in all the future of this country so that Now that the PLP has won the
his efforts for leadership positions people can feel confident in voting election under the leadership of
in the PLP, including his bid to be- for the PLP and end the poor gov- David Burt, in my opinion all PLP
come Chairman of the Party, Depu- ernance of the OBA.” In nine short members must now do everything
ty Party Leader, and ultimately Par- months, the same period of time in our power to ensure that Premier
ty Leader. I always believed that he that it takes from conception to de- Burt and his fellow Cabinet mem-
possessed all of the skills and acu- livery, David Burt did in fact unify bers and the members of the back-
men required of a leader. the party just as he presented an al- bench have our support. I believe it
During my brief sojourn in the ternative vision for the future of the is vitally important that all branches
Senate in 2010/2011, I sat next to country that captured the majority become active so I encourage people
David Burt and learned much from of the voters in Bermuda. to convert their support of the PLP
him regarding parliamentary pro- David Burt comes to the position of to membership in the Party. n
THE WORKERS VOICE AUGUST 17, 2018 3
Tribute to Herbert Eugene Bascome
By Kiaran MacDonald, Regional Vice President, Fairmont Southampton Princess Hotel
On Monday, July 16, 2018, the
Fairmont Southampton Princess
surprised Brother Herbie Bascome
with a celebratory breakfast in hon-
our of his fifty (50) years of service
to the hotel. Invited guests includ-
ed Members of Parliament, industry
partners, Brother Herbie’s family
members, and of course members of
the Executive Board of the Bermu-
da Industrial Union.
Below is Mr. MacDonald’s
remarks in their entirety:
“Our Director of Talent &
Culture, Donna Harvey-Maybury
defines our vision here at Fairmont
Southampton is to be the Employer Brother Herbie and Mr. Kiaran MacDonald, Regional Vice President of Fairmont Southampton Princess Hotel.
of Choice. Well, we have one man cold one! – better known to his in- all, you were black-balled and your
amongst us who chose 50 years ago ner circle as THE OFFICE opportunities became non-existent.
to make our organization his em- This morning however, we told All that said, 1968 marked the
ployer of choice. 50 years for good- him he had to be here to oversee year when Bermuda after 300 years
ness sake, most of us were either the preparation of a very import- held its first General Election after
mere children or were’nt even born. ant breakfast , well Herbie, I bet the implementation of its new Con-
I am of course talking about none you had no idea you were actually stitution that allowed Bermuda to
other than our very own Herbert preparing your own breakfast! be governed by Bermudians.
Eugene Bascome – fondly known This, Ladies and Gentlemen,
as Herbie. Background: was the Bermuda that Herbie Bas-
In truth we are ecstatic that To better understand just how come not only grew up in but start-
we’ve actually managed to get Her- extraordinary this man is, we need ed his career. He was determined
bie here today. Some of you know to have an appreciation for the Ber- to excel and that he certainly did
that if he had gotten wind of this muda that existed 50 plus years ago and importantly, Herbie has played
event, he would ridden off into the when Herbie began his culinary an integral role in helping to shape
hills…………such is the humility career with Princess Hotels. It had Bermuda as we know it today.
of this man. only been nine short years since Born into humble beginnings,
As a matter of fact, last year he Bermuda had faced overt discrim- Herbie’s character was forged at an
was voted Leader of the Month be- ination head-on with the Theater early age, persevering through hard-
cause of his leadership qualities and Boycott. ships in his quest to succeed in life.
many contributions to the Hotel. It was a Bermuda when job Perhaps this was why he has spent
Well Ladies and Gentlemen, advertisements were written in such so much of his life looking after the
our Dear Herbie got a ride into a way as to discourage Bermudians interest of others, especially those
Hamilton only to send word back – and in particular black Bermudi- less able to represent themselves.
that he had gotten stuck in town & ans. Just recently, he remarked how the
couldn’t return…..…rumor had it It was a Bermuda when if you key difference between people is
he was probably at Caiseys’ having a spoke out about the unfairness of it (continue on page 5)
opportunity and reflected how Lois wasn’t long before he was promot- Germany and the Hotel de Paris in
Browne-Evans, one of our well- ed to Sous Chef before transferring Monte Carlo in Monaco.
known politicians and first Black to the newly built Southampton
female lawyers in Bermuda took a Princess. Here he has worked his Herbie’s Career with the Hotel
personal interest in him and sup- wonders ever since whilst also gain- Herbie is renowned as being a very
ported him on his culinary journey. ing international experience in the experienced and talented chef who
With this as a back-drop, in 1968 early years during the off-season at has enormous enthusiasm for his
Herbie began at the Hamilton The Greenbrier in West Virginia, craft and yet he still enjoys learning
Princess as Breakfast Chef. It the Four Seasons Hotel in Munich, and teaching every day. This is truly
(continue on page 9
when he, represented the BIU in Council as well as in the Bermu- do have a constitutional right to
one of its most significant legal da courts, amounting in excess of strike.
battles. Interestingly the Cloisters $100,000.” • Rev. Tweed and the Council of
Chambers is where the late David Since that time Delroy has repre- AME Churches and the Minis-
Turner Samuels, QC, practiced law. sented the BIU in several other la- ter of Labour and Home Affairs
David Turner Samuels represented bour dispute cases. Most recently he where he successfully stopped the
members of the BIU who partic- represented members of the BIU, in- deportation of Rev. Tweed and
ipated in the 1965 BELCO riots. cluding BIU President Chris Furb- quashed the Minister’s decision
Delroy was predestined to represent ert, and others who were involved in refusing to renew his work permit.
the BIU before he landed on these the December 2016 protest at the Delroy is a qualified arbitrator and
shores. House of Parliament. Most impor- has appeared in a number of arbi-
According to Ira Philip in “The tantly, for the last 26 years, Delroy trations in Bermuda. He is certified
History of the Bermuda Industrial has represented the BIU in some of as a trained mediator by the Notre
Union”, “President Derrick Bur- its most important and challenging Dame Law School and is a certified
gess, vice-president Chris Furbert cases which include: Human Rights mediator. In 2013
and Port Workers former president • The 1992 Sequestration case in the he became certified as a Social Jus-
Sinclair Smith had every reason to Bermuda Court of Appeal where tice mediator by the Social Justice
feel proud as they sat before five the BIU successfully defeated at- Mediation Institute. In 2016 he was
Law Lords of the House of Lords tempts by the then Attorney Gen- appointed as an Assistant Justice of
and heard them rule in favour of eral to strip the union of all its as- the Supreme Court of Bermuda.
the BIU in its long-standing dis- sets; Tickets for the banquet are
pute with Stevedoring Services Ltd. • The 2002 Privy Council case where available at BIU Headquarters at
(SSL) of Bermuda. Their lawyers, having lost before the Bermuda $125.00 each or by e-mailing Sister
Delroy Duncan and Venous (Me- Supreme Court and the Bermu- LaVerne Furbert at lfurbert@biu.
mouri) Telford of the law firm Trott da Court of Appeal, the BIU was bm. BIU members and friends are
and Duncan accompanied them. successful before the Privy Coun- also invited to enter a team in the
“The Law Lords in their twelve- cil. The Privy Council refused to 4th Annual Pre-Labour Day Golf
page judgement severely took to task approve a work regime which in- Tournament to be held on Wednes-
the Stevedores and their legal advis- cluded compulsory overtime. This day, August 29th at the Belmont
ers for employing the most Draco- case is now the leading case in the Hills Golf Club. Members and
nian methods in an attempt to break Commonwealth of irregular in- friends of the BIU are also invited
the back of the Union. Addition- dustrial action short of a strike; to join President Chris Furbert and
ally, the Law Lords considered that • The Furlough days case where the other Executive Officers at Shelly
the procedures used by the Bermuda largest unions in Bermuda suc- Bay for the Annual Family Fun Day
Courts against the BIU represent- cessfully fought off attempts by on Sunday, September 2nd. The
ed an abuse of the court processes. the former Minister of Finance to Labour Day March will be held on
TO make the whole exercise even impose mandatory furlough days Monday, September 3, 2018, leaving
sweeter for the BIU, their Lord- on the workers of Bermuda. This from BIU Headquarters at 11:00
ships ordered the Stevedores to pay case overturned a 46 year prece- a.m. n
the Union its costs before the Privy dent and established that workers
grow your soft and hard skills that can Bermuda both in the private and have also found your passion which
be used in your future careers. You the public sector is always looking will make this an enjoyable career –
will be exposed to a different culture, for qualified Bermudians who are not just a job,” concluded Minister
mindset and skills while in Bour- passionate, trained, skilled and reli- Burch.
nemouth. Like the roots of a tree able to be employed in that industry. Minister Burch offered special
during the rain - soak up all the “There are a wealth of opportuni- thanks to the Department of Parks,
knowledge and experience that you ties available in the horticulture and the Garden Club of Bermuda and
can”. landscape industry and while it is not the Bermuda Industrial Union, and
Col. Burch told the participants for everyone - you all have shown of course Brothers Roger Parris and
that it was no secret that the hor- that you have an interest and desire Sam Santucci. n
ticulture and landscape industry in to pursue this course and ideally you
engage in the ICO and conducting Section 13 of the Regulations Ministerial Statement on the sum-
enhanced due diligence whenever permit licence holders to rely upon mit, he informed Bermuda that
necessary. third-party compliance profession- “people we spoke with were excited
Section 10 of the Regulations als. However, the licence holder about the Bermuda Government’s
mandates that a company must veri- must obtain sufficient informa- plans in the blockchain and virtual
fy the identity of a participant in the tion to satisfy itself reliance can be currency sphere”.
ICO before the participant is issued placed upon the third-party pro- In May 2018, the Premier of Ber-
with a digital asset. fessional. Also, the reliance placed muda and Minister of Finance, the
If a company is unable to apply upon the third-party must be ap- Hon. E David Burt and Minister
appropriate measures to verify the propriate given the level of risk for the Hon. Wayne M. Caines at-
participant or the proposed trans- the jurisdiction in which the third tended the Consensus Conference
action(s) in an ICO, under section party resides. in New York City. Both ministers
11 of the Regulations, the company Finally, under Part 3 of the invited the virtual business world to
shall not open an account for the Regulations, section 14 creates en- set up shop in Bermuda. In one fell
person, carry out a transaction or hanced recordkeeping obligations, swoop, they convincingly dispelled
issue that person with a digital as- and section 15 requires that a com- concerns that time-consuming de-
set. The company is also required to pany carry out an audit through an lays and government bureaucracy
terminate any existing business rela- internal compliance review con- will impede the speed with which
tionship with that person. cerning the conduct of its ICO and companies can commence opera-
Section 12 of the Regulations go financial operations within 90 days tions in Bermuda. However, while
some way to creating the new stan- of the close of the ICO. making his presentation to a packed
dard of compliance which the BMA The ICO Regulations, apply to audience, the Premier in a throw-
describes as “enhanced compliance.” limited liability exempted compa- away line drew laughter from those
The section is entitled “Enhanced nies wishing to incorporate in Ber- in attendance when he cautioned
due diligence” and seeks to move muda. In the not too distant future, would-be entrants into the Bermu-
away from a strictly rule-based the Bermuda Government will issue da market with the following words;
compliance regime to a system of mirror regulations for LLC’s creat- “We welcome all serious entrepre-
compliance where licence holders ed in Bermuda by legislation passed neurs into our island. However, if
must, in addition to adhering to the in 2016 modelled on the Delaware you are a bad actor, we do have pris-
Regulations, apply a risk-sensitive LLC statute, with some Bermuda ons with splendid water views”.
approach of enhanced due diligence optional variants. The reaction to Bermuda’s new
to business relationships with exist- legislation and enhanced compli-
ing participants or proposed partici- What has been the reaction to Ber- ance environment has been positive.
pants in its ICO. Such an approach muda’s new compliance regime? Companies such as Medici Ventures,
introduces a greater degree of sub- LLC (a subsidiary of Overstock.
jectivity in the management of The Bermuda Government has com), Binance Holdings Limited,
compliance supervision of the busi- extended its welcoming arms across Omega One and Shyft Network
ness. Section 12 (2) imposes further the world to the virtual curren- Inc. have signed Memoranda of
subjective obligations on companies cy business industry. In March of Understanding with the Bermu-
to assess potential risks and deter- 2018, Minister of National Securi- da Government. Significantly,
mine what measures must be tak- ty responsible for the introduction in May 2018, Arbitrade Ltd. be-
en to compensate for the risks. The of digital asset business in Bermu- came one of the first international
measures can include but are not da, the Hon. Wayne M. Caines at- companies to successfully navigate
limited to the measures identified in tended the Montgomery Summit the BMA enhanced compliance
the subsection. in Santa Monica California. In his process for incorporation of an ex-
(continue on page 15)
14 THE WORKERS VOICE AUGUST 17, 2018
‘A Healthy You’
by Nurse Beverley Howell
As our annual Cupmatch classic that the water backed up spilling when you don’t forgive, you give
approaches, I was thinking about allthe entire mess all over the restroom permission for that person to hold
of the Bermudians who will return floor. This is representative of a you in bondage which can nega-
home to celebrate and the tourists human heart that refuses to flush tively affect your physical health
who will come to visit with us. I away its anger, resentment and bit- with high blood pressure putting
began reflecting on all the tragedies
terness. The unhealthy debris builds you at risk for stroke, heart attack,
occurring around the world and up and backs up until the person’s aches, pains and yes, even cancer!
how we sometimes treat each other life become toxic and repulsive. It Consider getting your spiritual
including here in Bermuda. will then spill into other people’s health in check this Cupmatch ~
Og Mandino said ‘Beginning lives ~ um just saying. The Bible why not make practical application
today, treat everyone you meet as ifin Ephesians 4:32 tells us to be of what Og Mandino said ‘Begin-
they were going to be dead by mid- be kind and compassionate to one ning today, treat everyone you meet
night. Extend to them all the care, another, forgiving each other just as if they were going to be dead by
kindness and understanding you can as in Christ, God forgave each one midnight. Extend to them all the
muster, and do it with no thought ofof us. Colossians 3 tells us to ‘rid care, kindness and understanding
any reward. Your life will never be ourselves of anger, rage, malice.... you can muster, and do it with no
the same again.’ and to bear with each other and thought of any reward. Your life will
My Pastor, Rev. Charlesforgive whatever grievances you may never be the same again’ Just try it
‘Alex’ Smith had this printed in ourhave against one another. Forgive as !!! Let everyone bring you JOY
church bulletin and this really got The Lord forgave you.” I wonder ~ some bring it when they come
me thinking about spiritual health if someone needs a spiritual others bring it when they leave ~ um
which has the potential to adverselyplumber. Is your heart closed with just saying.
affect physical health. anger, bitterness, hurt feelings or an At Cupmatch or at the beach,
unforgiving spirit? God has forgiven Remember to drink your water,
CLOSED PIPES you of your sins against Him through limit the mind altering substances,
Suppose you went into the rest Jesus Christ. Have you extended apply sunblock, wear light clothing,
room at the Cricket Club at Cup- His grace He gave you towards a hat to keep cool, be SAFE, be
match and the commode had been others? The grace God demonstrat- forgiving, Enjoy the game and may
used again and again without any- ed in Jesus Christ is a plunger that the best TEAM Win!! ‘HAPPY
one flushing it. Suppose, you being can unclog the heart and clear the CUPMATCH EVERYONE’ n
a desperate brave soul flushed it. pipes. This Cupmatch discover the
However, the drain was so clogged power of forgiveness and know that
Bermuda blazes a trail with enhanced compliance regulations for cryptocurrency and digital asset companies (continued from page 14)
empted company. Arbitrade Ltd. is The clear message Bermuda re- lifeblood and credibility to the in-
now a registered Bermuda company ceived at the Consensus Confer- dustry. Bermuda has convincingly
and will next seek Ministerial con- ence in New York City is that the stepped up to the plate.
sent to launch an ICO offering. virtual currency business industry is
seeking jurisdictions to commence Delroy Duncan is a director at Trott
Conclusion operations which offer rigorous, ef- and Duncan limited Bermuda and
fective compliance regimes to give part of the firms ICO Team. n
Union SqUare
11:00 a.m.
SpeakerS Include:
Do you know the truth about the church? Take the following quiz to assess your knowledge?
True or False (√) the correct answer (Tor F)
So how did you do? Brace yourself. The correct answers to all of the questions are “false”. Don’t be deceived.
To learn the truth about the Church, obtain our FREE articles “The Myth of the Church of the Bible”, and
“The non-Biblical word “Church”.
Write to: Search the Scripture • 7 Stadium Heights, Devonshire HM 15 • Tel. 735-1964
THE WORKERS VOICE AUGUST 17, 2018 19
P U Z Z L E • P U Z Z L E • P U Z Z L E • P U Z Z L E • P U Z Z L E
FARM
SOLUTIONS ON PAGE 2