Jeff Cumberbatch - New Chairman of the FTC
Jeff Cumberbatch – New Chairman of the FTC

A combination of factors informed the relative brevity of today’s column. My university duties, as is usually the case at this time of the year, precluded any undertaking […]More of the depth of research I would ordinarily require to produce a substantially provocative effort. important, the commercial and domestic significance of the last Sunday before Christmas Day on Friday scarcely affords the ordinary reader (to the extent that any of mine are) the leisure happily to digest a lengthy disquisition on a topic that is likely, as these things go here, to recur for public discussion sometime in the next year in any event.

So there will be nothing today on why we simplistically continue to insist that it’s either “licks” as a child or Dodd’s as an adult, in spite of cogent evidence to the contrary; why we still consider that a resumption of hanging will lead inexorably to a reduction in the incidence of crime generally and not just of murders; and why we seek to blame a hapless West Indies Cricket Board for the shabby performances of the current regional cricket team that has its name only in common with those great elevens of the past.

The taxman cometh

The proposal (I do not believe it has gone beyond that) to require of some professionals a tax clearance certificate from the Barbados Revenue Agency before they are allowed to practice lawfully as registered entities has unsurprisingly attracted the ire of those organizations that represent the medical practitioners and the attorneys at law respectively. The force of their resistance appears to have had some effect. I recall reading earlier last week that officialdom was at least reconsidering the matter.

Yet there appears to be some disconnect between this apparent struggle of contending opinions between these associations and the state and the populist view. For starters, leaders in both sections of the daily printed press in recent times have endorsed the view that this use of the tax clearance certificate would appear to be an appropriately efficacious means of ensuring tax collection equity at one level. A local vox pop, it may be argued, would also overwhelmingly endorse this view.

Interestingly enough, the arguments that have emanated from the two representative bodies are not to be credited with presenting a particularly persuasive case. While the medical professionals appear to be holding their cards close to their chest and attributing any disclosure of their intended strategy to an unauthorized leak, the Bar Association, in a published response in another section of the local press on Friday last, appears to argue that the proposed measure threatens the constitutional rights of its members.

What makes this argument even more intriguing is that the constitutional right it alleges to be under threat is that of the right to work, an entitlement that, contrary to assertion, does not currently find textual expression in the local charter of constitutional guarantees.

The content of a right to work, itself an attractive proposition in theory, has engaged the minds of constitutional and labour law scholars for many years. The right admittedly does exist in the sphere of international convention. However, while it is expressly guaranteed in the Guyana Constitution 1980[along with the correlative duty], and in the Dominica Protection of Employment Act 1977; as stated above, we make no similar provision, although we are state parties to the Universal Declaration of Human Rights and the International Covenant of Economic Social and Cultural Rights, both of which recognize the existence of the right.

Whatever its content –and it certainly does not mean that an employee cannot be lawfully dismissed-, I am not so sure that it may be prayed in aid in this specific instance. The US regards it as the right to work at any place of employment without being compelled to join a union as a condition of that employment; Dominica appears to consider it as merely the right to work in one’s existing employment until lawfully dismissed; Guyana purports to view its guarantee as a state responsibility by means of “socialist planning, development and management of the economy”, inter alia; and the UN delineates it as a synthesis of the freedom to choose employment, the entitlement to just and favourable conditions of work and to unemployment protection.

The local Bar Association’s case would appear to be based rather on the official proposal being in restraint of trade. In order to negative this, it will have to be shown that such restraint is unreasonable and not in the public interest…and, as Hamlet did not say, “therein lies the rub”.

71 responses to “The Jeff Cumberbatch Column – An Unreasonable Restraint?”


  1. @The Gazer
    How do we recognize a historic deed? When Rosa Parks refuse to sit at the back of the bus, was the historical significance of the moment recognized immediately or did it take a few days before the symbolism of her courageous act became apparent to all?

    +++++++++++++++
    Rosa wasn’t the first black woman to refuse to give up her seat to a white and move to the back of the bus that honour belongs to Claudette Colvin. However Ms. Colvin was a pregnant single black woman and the black movers and shakers of the day wanted someone who would be more acceptable to the establishment.

    Symbols do matter.


  2. @Sargeant..
    You are 100% correct.
    Your correction pointed out two things (1) I am fully aware of the story, but yet I chose to perpetuate the popular narrative, and (2) even when we have the capacity to correct and write our own story, we still allow others write our history for us.

    Having extracted an admission for me, I wait to hear your comment on Miss Jamaica.


  3. To all, greetings of the Christmas season and may you all enjoy new successes in 2016, particularly it being a leap year and thus gives us all more time to achieve our goals (smile). Really enjoyed the tussles with all the bright minds here….all of YOU.

    To David and your BU team a special warm embrace for providing this service with such vigour and tenacity over these many years. May your site long prosper.

    Now one quick comment on ‘topics of the day’.

    — Even prior to the social media explosion of brevity of words, the word Christmas was often just Xmas. Then some wise head offered that was rather wrong-headed as it was taking ‘Christ’ out of Christmas.

    That was deep in its simplicity. And it basically defined what modern Christmas is really all about. From these pages alone the religious symbolism is shattered and the Christian spirit violated.

    But be that as it may, if one celebrates the true essence of the Christmas story then ‘X’ cannot ‘mark the spot’!


  4. ,” 2015 at 11:10 AM #

    @The Gazer
    How do we recognize a historic deed? When Rosa Parks refuse to sit at the back of the bus, was the historical significance of the moment recognized immediately or did it take a few days before the symbolism of her courageous act became apparent to all?

    +++++++++++++++
    Rosa wasn’t the first black woman to refuse to give up her seat to a white and move to the back of the bus that honour belongs to Claudette Colvin. However Ms. Colvin was a pregnant single black woman and the black movers and shakers of the day wanted someone who would be more acceptable to the establishment.”

    Thanks Sarge for that wonderful Xmas present of information. After reading your post I did the necessary research and am now familiar with the role played by Ms Colvin in refusing to give up her seat at such a young age; her subsequent incarceration and her courage along with four others to challenge the law in court. I do not think we can blame Ms Parks for the way things turned out. The media has a way of embellishing or selecting stories to suit their own ends. While the action of Ms Parks did receive some attention. Generally speaking, not much is known about her; there is no statue, no memorabilia , nothing. I think the real beneficiary of the actions of both of these unsung heroes is really Mr King who though paying the ultimate price only talked sweetly.


  5. BALANCE ! i know you trying find balance in your comments but stating that Dr. King contributions to civil rights can be defined as ” sweet talking” is utter nonsense
    Sir you might not be aware of many of the civil rights legislation that came about because of DR kings “sweet talking” and confrontational words while casting judgement ushered in a movement that persuade All to fight wrongs and replace the wrongs with that which is right


  6. “Rosa wasn’t the first black woman to refuse to give up her seat to a white and move to the back of the bus that honour belongs to Claudette Colvin.”

    ++++++++++++++++++++++++++++++++++++++++++++++++++

    Rosa Parks refused to give up her seat in the COLOURED SECTION of a bus to a white passenger after being instructed to do so by the bus driver. This occurred on December 1, 1955.

    As it relates to Claudette Colvin, she was arrested on March 2, 1955, for refusing to give up her seat to a white passenger. She became the FIRST African American to be ARRESTED IN Montgomery, Alabama for resisting bus segregation laws.

    In 1952 while on leave, Women’s Army Corps Private Sarah Keys, who was traveling from New Jersey to North Carolina, refused to give her seat to a white Marine. She was arrested, jailed overnight, fined $25, and convicted of disorderly conduct.

    However, in July 1944, (TEN YEARS prior to Colvin’s and Parks’ actions), IRENE MORGAN KIRKALDY was arrested in Virginia for refusing to give up her seat in the coloured section of an interstate bus. Her actions were subsequently described as “one of the first major advancements in the American Civil Rights Movement.”

    Based on the above information, the “honour belongs to” Irene Morgan Kirkaldy.

    “However Ms. Colvin was a pregnant single black woman and the black movers and shakers of the day wanted someone who would be more acceptable to the establishment.”

    There may be some truth in the above statement, since Colvin was 15 years old at the time of her arrest in March 1955 and her son, Raymond, was born in December 1955.
    “The National Association for the Advancement of Colored People briefly considered using Colvin’s case to challenge the segregation laws, but they decided against it because of her age. She also became pregnant around the time of her arrest, and they thought an unwed mother would attract too much negative attention in a public legal battle.”

    Also, Kirkaldy was recovering from a miscarriage when she boarded a Greyhound bus in Gloucester, Virginia, to return to her home in Baltimore.


  7. @artax and Sargeant.
    Thanks. I wanted the focus to be on the act of the courageous Mis Jamaica,

    @balance
    ‘ Mr King who though paying the ultimate price only talked sweetly.’

    Your last statement is so absurd than I can only surmise that it was placed there to generate controversy.

    Teachers, in this PC environment :-), hate to dole out bad grades for they fear that they may cause harm to the young minds, but every now and then they come to the conclusion that more good than harm may be done by awarding a failing grade. Because of the Xmas season I have been generous and awarded you a strong D.

    Notice that I have made no attempt whatsoever to dispute your contention.


  8. Don’t want to quibble but Ms.Kirkaldy was already sitting in the section reserved for black passengers in the back of the bus (according to this article from the Washington Post) while Ms.Colvin & Ms. Parks were sitting in the section reserved for whites.

    @The Gazer
    I didn’t see the show so I can’t comment on the hairstyle in question, but from this vantage point I don’t see it as pivotal or a game changer.

    A word of caution tread lightly you don’t want to be commenting on Black women’s hair in this or any forum lest you are hoping for a very unmerry Xmas 🙂

    http://www.washingtonpost.com/wp-dyn/content/article/2007/08/12/AR2007081201114.html


  9. @Sargeant.
    Thanks very much for the kind warning.

    You and Artaxerxes raised a point that is worthy of further discussion.

    In a few weeks the US will be celebrating Black History month. Your comments point out that even when we are telling our own history we leave out bits and parts out of our story.

    After 30 years of having Black history month, the story of these women is little known to the average African American.


  10. @The Gazer
    Much of what is chronicled about us is not written by us so it’s not surprising that we don’t know much of our history vis a vis the Caribbean and North America.

    A few years ago there was a fervent rush by some in the USA to gain control of school boards etc. this was in part to control what texts students could use at school i.e. you could put your own slant on history/science/politic etc. Lo and behold students in Texas started to use a geography book that stated Blacks were brought to the US as “workers” and it was only through the eagle eye of a student whose mother was a teacher that it was brought to light.

    Meanwhile these texts were being distributed to other States that depend on Texas for books so you could have an entire generation of students who were indoctrinated with false info.

    If you know your history…….


  11. “Don’t want to quibble but Ms.Kirkaldy was already sitting in the section reserved for black passengers in the back of the bus (according to this article from the Washington Post) while Ms.Colvin & Ms. Parks were sitting in the section reserved for whites.”

    I “don’t want to quibble” either, but my research revealed you are incorrect…. Ms. Colvin & Ms. Parks were (NOT) sitting in the section reserved for whites.”

    “On December 1, 1955, after a long day’s work at a Montgomery department store, where she worked as a seamstress, Rosa Parks boarded the Cleveland Avenue bus for home. She took a SEAT in the FIRST of several rows DESIGNATED for “COLORED” passengers.” [Source: biography.com]

    “Colvin was returning home from school on March 2, 1955, and got on a Capitol Heights bus downtown. She was SITTING about two seats from the emergency exit in the COLORED SECTION.” [Source: wikipedia.org]

    Further information on Colvin:

    http://www.core-online.org/History/colvin.htm

    http://www.npr.org/sections/codeswitch/2015/02/27/389563788/before-rosa-parks-a-teenager-defied-segregation-on-an-alabama-bus

    Information on Parks:

    https://www.thehenryford.org/exhibits/rosaparks/story.asp

    The article, found on the above web-site, clearly states:

    “She (Rosa Parks) sat near the middle of the bus, just BEHIND the 10 seats reserved for whites.

    But even if, as you stated, Colvin and Parks were sitting in sections of their respective buses that were reserved for whites, what does that have to do with you stating that Colvin was “THE FIRST BLACK WOMAN TO REFUSE TO GIVE UP HER SEAT TO A WHITE and move to the back of the bus?”

    The main contention is WHO was the FIRST African American FEMALE to be arrested for refusing to adhere to bus segregation laws, NOT what SECTION of the bus (which is totally IRRELEVANT) these ladies found themselves.


  12. Sergeant

    There are many books out there which tells the true story of our Black History, but you have to do the research in order to ascertain the many black authors who have written from our perspective.

    I have read the book called the Black Fighting Men which chronicles the black participation in all of the wars black have fought in.

    Another great book written from the black perspective and by a black author is called the Great Migration which chronicles the black migration from the fifteen southern states, beginning during the 1914 war and ended in 1970 and many more books written from the black perspective.


  13. @Sargent, Gazer and Artaxerxes…to what avail exactly the comments about this wonderful review of what precipitated one of the most important aspects of the US civil rights era? The names you mentioned of those who came before Ms Parks says what exactly about the boycotts and civil rights?

    For their families and the accuracy of knowledge it’s vitally important but in the scheme of the civil rights struggle it changes nothing. Not so!! How many more Black people DID wondrous stuff besides the ones acclaimed as the historical firsts. MANY.

    History of course is not a month but an entire life of learning and understanding. So of course there is a great importance of the US Black History Month tradition.

    But if we as a people are waiting for one month to learn about our history then we are obviously already long lost.

    Similarly, schools should always be our assistant teachers on a subject like history…not our primary professors. As parents, uncles and aunts or whatever we must set the agenda for our children on African history. We must be the light of guidance.

    Thus there should have been several “eagle eye” students who caught that lovely euphemism.

    How did that get past legions of publishing editors and school officials is the question, though.

    I wonder if the book discussed how much money those ‘workers’ were paid back then? Of course banking and keeping money was not available so the bosses probably ‘banked’ their money for them too. The book had to discuss that if these Africans were regular ‘workers’.

    And I hope the book compared and contrasted how different the management of health care was at the time to modern era.

    Afterall, with such a glorious explanation of work conditions that book had to be a very modern tome on the historical analysis of worker-employer conditions during that era. O Texas!


  14. @DIW
    There is much truth in what you stated. It is possible that our society is a few steps behind what you imagine it to be.

    Yes, it should be more than a month and hopefully the time will come when there is not even the need to have a black history month, but we are not there yet.

    How will we tell our history? Will it be accurate? There was a time when we were “written out” of history and now that we are included we must take every step to ensure that an accurate and well documented history is taught to our children.

    Others have given reasons why Rosa Parks has this role in our history. The folks were mentioned were almost “written out” of our historical narrative. Could it be that they did not have the light complexion and therefore the “acceptability” of a Rosa Parks? How do I tell my son that we are all equal when he sees that our historical figures and landmarks were selected by some criterion other than pure historical fact.

    “How did that get past legions of publishing editors and school officials is the question, though?” This is a part of the point that we are making. Could it have been a conscious decision to write history in that way. This is mild as they are some who write that slavery was beneficial to the black man. We are included in that history but the true story is not being told.

    There will come a time when there is no need for us to have this type of discussion, but we are not there yet.


  15. So glad to see you Dompey. Merry Xmas.


  16. @DIW
    It would also be interesting to hear your opinion on Affirmative Action.


  17. @TheGazer at 3:34 PM…

    —- “Could it have been a conscious decision …” Of that there can be no doubt. To refute that is to refute the bold faced figures in white exposure of Black history …most of them ‘colored’ in the mien of Frederic Douglas (not in any way disavowing his prestige and position with this reference).

    — “Yes, it should be more than a month.” My point is that we as guardians of our heritage MUST make it a year-long, lifetime-long process for our children/wards. The month offers great highlights and long may it remain on the calendar but we cannot wait or depend on that as the primary teaching tool as we cannot await on schools.

    — “The folks were mentioned were almost “written out” … How do I tell my son that we are all equal when he sees …” I disagree. They were not The history was there to be read. The principal story which drives the boycott narrative is Rosa Parks but the other stories were there.

    Blacks are no different to any other group so we tell our kids as it is. Historical pivot points are always “selected by some criterion” deeper than mere coincidence.

    Why did Custer make his stand when he did? What about Napoleon’s Waterloo. And to bring it back to the Parks era, what of MLK’s major ‘I Have a Dream’ speech on the capitol steps of Washington, USA. The essence of that was crafted and presented at a high school in Nov 1962.

    But the narrative that drove a discourse of Black lives then and still 50+ years later was delivered in August 1963.

    In sum, history is often ‘staged’ or propelled by circumstances which drive the context of the time. In the moment of the heat of politics, local strife and the real issues of life it’s vitally important to get the optics and circumstances perfectly correct. Otherwise that PIVOT point will NOT in fact become a pivot point…just another day in the life of a Ms.Kirkaldy or a Ms. Colvin or Dr. King himself.

    Some warriors accept the phrase: ‘Today is a good day to die’. For the General Custers of this world that becomes their historical pivot point.

    And my point here is that the back story of Custer’s life and his battles with the siting US President are exciting. Likely all that led to ‘his last stand’ being so highlighted and made famous.

    That is often what elevates key moments in history to the top of mind: the lovely back-story…the image of the hero or heroine. Black or White.

    We remember the cool stuff..and the historians want to sell book so they too highlight what is cool and who is awesome. Rosa parks was cool, very attractive and awesome.

    So absolutely those without that tantalizing interest are definitely ‘written out’ from history’s front page but NEVER from history.—–

    What is there to say more about Affirmative Action. Gave opinions here on it previously. Suffice to say Justice Scalia’s recent perspectives on the subject are disturbing and ridiculous. So to Justice Thomas’ previously stated positions.


  18. @ The Gazer

    How do we recognize a historic deed?
    ++++++++++++
    Why some actions become historic and others become footnotes may be due to the tenor of the times. If Emmitt Till was buried in Mississippi as the authorities wanted instead of Chicago his death may not have been the lightning rod it became. Did you ever hear of Greenwood (The Black Wall Street) a suburb of Tulsa being burned to the ground? It was the wealthiest black community in the US and according to Wiki “The events of the riot were long omitted from local and state histories. The Tulsa race riot of 1921 was rarely mentioned in history books, classrooms or even in private. Blacks and whites alike grew into middle age unaware of what had taken place.”

    The Smithsonian National History of African American History & Culture will be opening in Washington DC next year. I suspect that many Black people will be anxious to tour and see the exhibits as this will be a “must see” institution. Incidentally one of the featured items on display will be Emmitt Till’s original casket.

    Perhaps that will be a starting point

    http://nmaahc.si.edu/


  19. Shows there is no end to knowledge Arta- There is always room for improvement- Education comes in many forms.


  20. Life history is like a battle field .Many soldiers go out to battle some would remain sealed in the vaults of history records forever and some would be buried in the tomb of the unknown forever
    However what matters most are the valuable goals which were accomplished by those brave souls who had stepped out on the battle field beyond the call of duty and transformed society for the better.
    It just maybe that Rosa Park came along. at a time in our history when society was becoming less tolerant of injustice and her role eclipsed and overshadowed what the other brave soldiers had done on the battle field before her
    Needless to say that Colvin and Kirkland role was not forgotten as history has recorded their valiant efforts and their role as opening the door of racial injustice some way

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