Caswell Franklyn, Head of Unity Workers Union
Caswell Franklyn, Head of Unity Workers Union
BU shares the Caswell Franklyn Nation newspaper column – he is the General Secretary of Unity Workers Union and BU Contributor.

Union rules to remember – Added 23 August 2015

FOR SOME TIME I have been inundated with queries […] from mostly public sector workers about their terms and conditions of service.

However, it seems that I have been answering the same set of questions from several different persons.

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I have, therefore, decided to use this space intermittently to respond to some of the more pressing enquiries. Today, I will start with two.

Within the last two months, I have seen stepped up interest by prison officers who want to become members of trade unions even if secretly. Sadly, I have to point out to them that it is an offence for prison officers to join or even associate with trade unions. That restriction was imposed by Parliament in 1982.

When I first joined the NUPW in 1980 I found a very vibrant prison officers’ division that was active in all aspects of union life. In those days, I was only an ordinary member and was therefore not privy to the circumstances that led several prison officers to ask Government to amend the Prisons Act to provide for a prison officers’ association. “Be careful what you ask for, you might get it” springs to mind. The officers got their association but it turned out to be little more than a social club.

Bear in mind that prior to the passage of those amendments in 1982, prison officers enjoyed the constitutional right of freedom of association. Without the nicety of a constitutional amendment, a Barbados labour party administration swept away those rights.

Worse, they made it a criminal offence for prison officers to join trade unions and banned the association from engaging in trade union type activity. Section 24A (3) states:

“No representation may be made by the Prison Officers Association in relation to any question of discipline, promotion, transfer, posting, leave or other matters that affects an individual member of the association”.

Subsection (4) mandates that the association shall be independent of, and unassociated with, any association outside the Prison Service. Mind you, when it suited Government’s purposes, the association was allowed to associate and become a member of the Government-inspired and controlled Congress of Trade Unions and Staff Associations of Barbados (CTUSAB). My advice to prison officers is that they are not obliged to pay dues to an organisation that cannot legally represent them.

Appointed public officers are entitled to 21 days sick leave per year; temporary officers are entitled to 14. When officers exceed their allotted sick leave entitlement, they are normally granted extensions of sick leave with pay, for up to one year, once that leave is certified by a medical practitioner. A practice is creeping in where officers in that position are being granted extensions of sick leave on half pay or, in many instance, without pay. Having already received full salary for the period, officers are being told by the Personnel Administration Division that they are required to repay what is being called overdrawn salary. Sometimes, this notice arrives years after the fact. This in effect means that appointed public officers receive no sickness benefits like their private sector counterparts.

In order to understand why this is unjust, it is necessary to go back to the establishment of the National Insurance Scheme (NIS). Under that scheme, private sector workers and temporary officers in the Public Service are entitled to a maximum of 312 days sickness benefit. No provisions for NIS sickness were made for permanently appointed public officers because they were already entitled to one year’s sick leave with pay, in accordance with the General Orders for the Public Service. General Order 5.24.1 states:

“Extensions of leave with full pay may be granted on the ground of ill-health to any officer other than a casual employee for a period not exceeding six calendar months, and when there is reason to believe that the officer will ultimately be fit for further service, for a further period not exceeding six calendar months”.

There is no provision in the General Orders for the Chief Personnel Officer to grant anything other than an extension of sick leave with pay. Put another way, there is nothing in the General Orders called an extension of sick leave without pay or on half pay. Such a thing does not exist in the rules.

Temporary officers who are entitled to receive NIS sickness benefits are required to pay in their NIS sickness benefit in exchange for their full salary in accordance with General Order 5.18.1.

Government as an employer must honour its commitments to its workers if for no other reason than it must set the example for other employers to follow. Increasingly, Government is becoming, if it has not already done so, one of the worst employers in this country.

Caswell Franklyn is the general secretary of Unity Workers Union and a social commentator. Email caswellf@hotmail.com

105 responses to “The Caswell Franklyn Column – Union Rules to Remember”


  1. “It makes it very difficult to focus on the good Stuart has done. ”
    Not nitpickin but so I can give credit where credit is due point me to any good that Mr Stuart has done.


  2. Balance,

    I’m here scratching my head and trying really hard to come up with something. Maybe somebody will help us out.

  3. de Ingrunt Word Avatar

    Pieces, interesting comments re the email server. Nowadays, this matter of email security has taken on a whole new dimension.

    Because if a US cabinet member is allowed to maintain her own email server through which she apparently also keeps some government related matters it would appear that security best practices have strayed into the ‘twilight zone’ of cyber stupidity so this option used by B’dos officials may in fact be a superior, great idea.

    Consider that if the server is maintained and secured by Gov’t officials that the other side could have their peoples snooping so maybe server security companies will now be changed as the government changes to maintain confidentiality. Crazier things are done!!

    And re the BlackWater matter. Oh lawd, I think you know that the US did NOT want to know what they were doing. They contracted them, said do this job for us and report back to confirm completion. The private contractor variation of the US Military policy of ‘Don’t Ask, Don’t Tell’.

    What is going to come back and bite the US and world really hard is this move to contract war to private companies.

    There are now several highly trained, well paid soldiers who have a taste not only for combat but for the big bucks sanctioned killing. It’s one thing to be a grunt in a fox hole with flack coming left and right earning a pittance but this is a different ball game and clearly that type mercenary soldier would readily go back into combat or a combat zone to earn that type of money. Or be encouraged to incite one.

    Security, guns and emails what a combination.

  4. Smooth Chocolate Avatar
    Smooth Chocolate

    i am sure that where you see a Custom Officer, you see a Police nearby so i do not understand why the Commission of Police was accusing the Customs Officers of doing shoddy work..his officers must be doing the same too

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