CASWELL FRANKLYN
Trading as
VERITAS SERVICES
Upstairs Worrell House
Whitepark Road
St. Michael
PRESS STATEMENT
As the Industrial Relations Consultant to the Prison Officers Association (The Association) I have been authorised by the Executive of the Association to issue the following statement:
Prior to 1982 prison officers enjoyed the constitutional right to belong to a trade union of their choice, and as a matter of fact there was a prison officers division of the National Union of Public Workers. In that year an amendment to the Prisons Act provided for the establishment of the Prison Officers Association.
As a result of that amendment, prison officers lost their constitutionally guaranteed right to belong to a trade union. Section 24A of the Prison Act states:
24A.(1) There shall be established an Association to be known as “the Prison Officers Association”.
(2) The purpose of the Association is to enable prison officers to bring to the attention of the Superintendent, the Board and the Minister matters affecting the welfare and efficiency of prison officers.
(3) No representation may be made by the Prison Officers Association in relation to any question of discipline, promotion, transfer, posting, leave or other matter that affects an individual member of the Association.
(4) The Prison Officers Association shall be independent of, and unassociated with, any association outside the Service, other than similar Associations in and for Anguilla, Antigua, Belize, Dominica, Grenada, Guyana, Jamaica, Montserrat, Saint Christopher and Nevis, Saint Lucia, Saint Vincent or Trinidad and Tobago.
Further, at section 24C the amendment goes on to prohibit a prison officer from becoming a member of unauthorised associations. Interestingly, among other things, subsection (5) defines “unauthorised associations” to mean a trade union as defined in section 2 of the Trade Unions Act.
Notwithstanding this prohibition, since 1992 the Government of Barbados has allowed the Association to become a member of the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB), and by so doing, the Government has allowed prison officers to freely associate with trade unions and become part of the much vaunted Social Partnership. In addition, management of the prison has facilitated the Association’s membership in CTUSAB by granting officers time off to attend trade union activity.
The President of the Association Mr. Trevor Browne, even though maintaining his innocence, has been charged with essentially carrying out the functions normally associated with a trade union leader.
In order to protect its members from any further criminal charges arising from its association with trade unions or anything that is likely to be interpreted as trade union activity, the Prison Officers Association has terminated its membership in CTUSAB, until such time as the 1982 amendments to the Prisons Act are repealed by Parliament or struck down by the High Court.
CASWELL FRANKLYN
INDUSTRIAL RELATIONS CONSULTANT
Prison Officers Leave CTUSAB
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146 responses to “Prison Officers Leave CTUSAB”
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That is an interesting revelation. Of course it does not remove the need for wise and responsive management of subordinates. Are there any other conditions of contract between Prison officers and their managers/superiors/employers?
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What the Senator has outlined clearly exposes that the social partnership is a pappy show where conventions’ are observed to support the PR machinery by vested parties ONLY.
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THE PROBLEM REMAINS AS USUAL THE STUPID BEHAVIOR OF INFERIOR SUPERIORS!
BARBADOS IS RUN BY INFERIOR SUPERIORS! -
Who made the decision to prosecute? That is very important in the circumstances. This is Leviathan versus our democracy. A small elite, who believe they are entitled, are carrying out a quiet, non-violent coup; they have captured government.
As BERT fails, which it will because it is flawed, the authors will hit out at anyone it sees as an enemy. Our freedoms are at stake.
It will all end in tears. Barbados is a failed state. -
@ Georgie Porgie
THE PROBLEM REMAINS AS USUAL THE STUPID BEHAVIOR OF INFERIOR SUPERIORS!
BARBADOS IS RUN BY INFERIOR SUPERIORS
xxxxxxxxxxxxxxxxxxxxxxxxxxxI agree %110.
However more than that it is ran by incompetence and corruption.
People will go to any lengths to protect their asses even if it means trying to destroy others for their self gratification.
Barbados is a failed sewage island top to bottom.
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Hal
My understanding from the police is that the Director of Public Prosecutions made the decision
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IS SHE NOT AN EXAMPLE OF AN INFERIOR SUPERIOR?
HAVE ANY OF YOU SEEN HER IN ACTION IN THE COURTS? -
@Vincent, well noted. Unfortunately, it’s unlikely Sen Franklyn will or can opine on tbis matter here (for obvious reasons), but back to this question of “essential service employees” (from other blog) it appears from Sen Franklyn note above that the officers were de facto in that mode of service even if not so restricted by statute.
At least I broadly interpret the remarks as such where he quoted the Act as:No representation may be made by the Prison Officers Association in relation to any question of discipline, promotion, transfer, posting, leave or other atter that affects an individual member of the Association…(4) The Prison Officers Association shall be independent of, and unassociated with, any association outside the Service, other than similar Associations…”
So whatselse they could not do?
@David Mr Blogmaster, you are being too harsh. Surely, if the govt legislated as they did in ’82 but then relaxed the intent of the Act to allow prison officers to associate with unions then you cant say it was a ‘pappy-show’ unless you blame the officers’ representatives also.
They surely knew they were using borrowed time if the Act was ever implemented to the letter as these allegations are suggesting the prison authorities are now doing.
As the adviser rightly says the burden is now on the courts to deem whether the Act is lawful or injurious to the officers rights…there maybe precedent for the former I believe from other jurisdictions.
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Well shiver me timbers…he did opine!
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@ Caswell,
Thanks. I am only speculating, but that looks like a formal decision; I cannot imagine a recently appointed DPP making such a decision without consulting the Attorney General, who would probably inform the prime minister. And, I believe, the prison superintendent might have been informed before the formal arrest.
I think our politics have moved on to another level. Keep an eye on the Canadians and Brits and their training courses for the RSS and the defence force.
When BERT fails, and it will, there will be a perceived threat to the social order; then we will see the hands of tyranny. -
Anyone in Barbados who standup and speak for themselves is detested.
Why because they are not following status quo.
That is the main reason why the island is not developing and has to go begging cup in hand for other people’s money (LOANS).
Anyone with half a brain should leave the island because as bad as it is now will get worse.
DESPERATE TIMES MAKE EVEN MORE DESPERATE PEOPLE.
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Of course in such an institutional arrangement ,what is the remedy? I hope that those with the relevant power and influence will step in and remove the possibility of an escalation.
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Why don’t you leave Barbadiansto solve our problems?
Why do you care?
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THINK AND ASK………..AND REMEMBER………….WHO APPOINTED STUPID NURSE TO THE PRISON?
WHY?
WHEN?
HOW?HAVING ANSDWERED THESE QUESTIONS CORRECTLY, IF ONE DOES NOT HAVE A SENSORY APHASIA, THESE POINTS BY HAL AUSTIN MAKE A LOT OF SENSE
“I cannot imagine a recently appointed DPP making such a decision without consulting the Attorney General, who would probably inform the prime minister. And, I believe, the prison superintendent might have been informed before the formal arrest. ‘”
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@Vincent,
What is that waffle? Plse say clearly what you mean.
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@Vincent
All the players should be aware by now. Unfortunately the matter has reached Whitepark, there must be a ruling.
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Why don’t you leave Barbadiansto solve our problems?
Why do you care?(Quote)This is the kind of appalling ignorance that can lead to violence. Who decides who is a Barbadian, a semi-educated man on a blog?
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RE Why don’t you leave Barbadiansto solve our problems?
Why do you care?
THIS IS CLEARLY A NONSENSE STATEMENT BY A FRUSTRATED PERSON
ARE NOT BARBADIANS THE ONES WHO OPINE ON BU?
SHOULD NOT BARBADIANS CARE AND SEEK TO SOLVE OUR PROBLEMS?SHOULD NOT BARBADIANS JOIN IN THE DISCUSSION, SINCE YOU NEVER KNOW HOW EXPRESSING THEIR VIEW MAY MAKE A DIFFERENCE.
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Hal Austin
Go take your meds you jackass, what a AG or PM got to do with the DPP decision
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@ David BU
Why don’t you leave Barbadiansto solve our problems?Why do you care?
xxxxxxxxxxxxxxxxxxxxxxxxxI am as much a Bajan by birth and have the right to speak my mind WHILST TELLING THE TRUTH.
I WILL NEVER BE SILENCED BY YOU OR ANYONE.
THIS IS 2018 NOT 1918.
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RE RE Why don’t you leave Barbadiansto solve our problems?
Why do you care?
SOMEBODY LIKE THEY HAVE A SENSORY APHASIA, AND I OPINE AS A CREDENTIALED COMMENTER ON THIS MATTER ah lie?
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re watchman December 8, 2018 3:20 PM
Hal Austin
Go take your meds you jackass, what a AG or PM got to do with the DPP decision
SURELY YOUR QUESTION SHOULD BE WHY SHOULD THE AG OR PM BE INVOLVED with the DPP decision?
IF YOU DONT HAVE A SENSORY APHASIA…….THINK THAT QUESTION THROUGH
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What a stinking mess!
P.S. My foolish question is – how do the prison officers get their matters addressed in the face of a non- responsive prison head??????
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dear darling donna
re how do the prison officers get their matters addressed in the face of a non- responsive prison head??????
the man has BOTH A SENSORY AND A MOTOR APHASIA………..SO THEY DONT! -
Your illogical position is to advise Barbadians to leave the island _read do not participate in trying to solve our problems, however, you and others spend all day on Barbados Underground doing what again?
You and others may have the last word.
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OH BY THE WAY IF YOU ASK DPD, HE WILL TELL YOU DAT HE HAS A UK APHASIA TOO!….what ever dat is
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Your illogical position is to advise Barbadians to leave the island _read do not participate in trying to solve our problems, however, you and others spend all day on Barbados Underground doing what again?
WELL IF FOLK ALL OVER THE WORLD ARE FLEEING THEIR COUNTRIES FOR BETTER LANDS PRESUMABLY, FOR WHATEVER REASON………..AND THE BU HIARCHY SUPPORT THIS (in the case of Central Americans invading the USA) WHY SHOULD THE BLOGGER THINK THAT IT IS NOT LOGICAL TO FLEE BIM TOO?
RE you and others spend all day on Barbados Underground doing what again?
THATS AN EASY QUESTION. WE ACCEPT THE TRUTH AND TELL IT. BARBADOS IS A FAILED STATE RUN BY INFERIOR SUPERIORS, WHO RAN AWAY THOSE WITH IDEAS AND GENUINE ABILITY AND INTERESTTHE INFERIOR SUPERIORS SOWED THE WIND, NOW THEY MUST WATCH THE ISLAND REAP THE WHIRLWIND…….SOME DOING SO IN RETIREMENT AND SOME IN CUSHY JOBS ABROAD.
IT AMAZES ME THAT SOME THINK THAT TALKING SHITE IN THE BU RUM SHITE ON A A DAILY BASIS THAT THIS WILL SOLVE ANY PROBLEMS IN BIM
WUNNA CAN TALK TIL THE COWS COME HOME, BUT THE THE INFERIOR SUPERIOR BULLS HOLD THE SWAY………AND ALL THE TALK AT THE DAILY DRIVEL CANT STOP THEM OR SOLVE ANY PROBLEMS.
THE WRITING IS ON THE WALL! INDELIBLY SO!
SO EAT, DRINK AND BE MERRY….FOR TOMORROW WE DIE……….OR WILL BE RAPTURED! ah lie?
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hants
i love barbados too
barbados ah come from
beautiful, beautiful barbados -
@Hants
Thanks Hants, Bajan to the bone!
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@Donna
It is a pertinent question give the sorry conditions they have had to endure for many years. In recent years some have gone unpaid for weeks.
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Georgie Porgie
Ok Dr, my question remain, what an AG or PM have to do with the DPP decision? poor comprehension for some maybe the result of not as much education as you, yet you do need to used big words trying to show off what you think is the reason of poor comprehension, your style on BU at times can be describe as a he /she with damage drain
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Hal is sickening. An obesed ego, who believes that he’s better than other Bajans because he corrected spelling and punctuation at the Ft Adviser? Or was it the Financial Times? Stupse.
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As Barbadians it seems as though we find it difficult to accept those that are different … I have seen this mindset expressed in the Royal Barbados Police Force … where a Dominican friend of mine whom was an ex-police in Dominican wanted to join the Force … but don’t matter what this guy did or whom he spoke to they won’t give the poor man a chance …
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Isn’t the position of DPP protected under the Constitution?
It should not matter but the incumbent was appointed by the former government.
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The DPPs decision is independent off both the AG and the PM…they CANNOT question any of the DUMB decisions she makes …the office of the DPP has too much power, most of which should be taken away….so far, outside of arresting Charles Herbert, she is yet to make an INTELLIGENT DECISION..
…..she arrested the mother of the child who died at the Coverley entrance when it should have been Mark Maloney arrested for maliciously building the illegal obstruction that caused the child’s death…just to show the jackasses for authorities that he OWNS them and they cannot tell him what to do whether it’s illegal or not..whether it kills black bajans or not..
Do not expect any sensible actions from that DPP…she already started WRONG, she will end wrong , just like the corrupt DPP before her….
It’s the clowns for law makers in the parliament who needs to set this right, change the archaic, useless laws that oppresses civil servants and others, they already rushed through constitutional change for SHITE that is of no benefit 7 months later…Mia needs pressure putting on her to upgrade these useless, oppressive laws…that is of no use to taxpayers o anyone else.
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Georgie Porgie
Sorry Dr, blame the sensory aphasia, it should be DAMAGE BRAIN
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A David BU at % :02 PM.
Yes her job security is protected under the constitution. She exercises her discretion as to what should go to court. The call is hers. She is doing her job like every body else.
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watchman you sound a lot like mark fenty
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Georgie Porgie
Big man wah yah don’t stop calling mah name … though … me nah business with nah botty man business…
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By law the DPP and attorney general must consult each other on issues of importance, although the DPP’s prosecutorial decisions are independent. Further, the attorney general can give the DPP instructions. S/he is the DPP’s boss.
The DPP has a duty not to bring the office in to disrepute. I would argue that prosecuting a senior prison officer for carrying out his duties as an association official runs the risk of bringing the office in to disrepute. If the decision was taken without consulting the attorney general, then the DPP should be asked to explain; if not, who initiated the conversation about bringing charges? Remember, the prime minister is a senior lawyer and a former attorney general.
That aside, we still need to know why the chief magistrate remanded Mr Browne on $1000 bail and why the case has been adjourned until February. -
lightening up a bit but relevant in todays world
It Snowed Last Night…
8:00 am: I made a snowman.
8:10 – A feminist passed by and asked me why I didn’t make a snow woman.
8:15 – So, I made a snow woman.
8:17 – My feminist neighbor complained about the snow woman’s voluptuous chest saying it objectified snow women everywhere.
8:20 – The gay couple living nearby threw a hissy fit and moaned it could have been two snow men instead.
8:22 – The transgender man..women…person asked why I didn’t just make one snow person with detachable parts.
8:25 – The vegans at the end of the lane complained about the carrot nose, as veggies are food and not to decorate snow figures with.
8:28 – I was being called a racist because the snow couple is white.
8:31 – The middle eastern gent across the road demanded the snow woman be covered up .
8:40 – The Police arrived saying someone had been offended.
8:42 – The feminist neighbor complained again that the broomstick of the snow woman needed to be removed because it depicted women in a domestic role.
8:43 – The council equality officer arrived and threatened me with eviction.
8:45 – TV news crew from ABC showed up. I was asked if I know the difference between snowmen and snow-women? I replied “Snowballs” and am now called a sexist.
9:00 – I was on the News as a suspected terrorist, racist, homophobe sensibility offender, bent on stirring up trouble during difficult weather.
9:10 – I was asked if I have any accomplices. My children were taken by social services.
9:29 – Far left protesters offended by everything marched down the street demanding for me to be arrested.
Moral:
There is no moral to this story. It is what we have become, all because of snowflakes. -
Under Barbados’ Constitution…the DPP does not have to consult with anyone at anytime ……PERIOD…she is INDEPENDENT OF BOTH PM AND AG..they cannot question her decisions.
….but they, the PM and AG… can change the damn useless laws…and the DPP can only follow the new laws..
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David
December 8, 2018 3:13 PM@Vincent
All the players should be aware by now. Unfortunately the matter has reached Whitepark, there must be a ruling.++++++++++++++++
Whitepark is shut down … mold!!
No one knows if or when it will reopen!!
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they can go to Kensington Oval John
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Georgie Porgie
In this unsettling time it is with solutions that we must be primarily concerned … but yet you can find the time and energy to inundated the blog with your buffoonery and open mouth imbecility …
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Figurative speak dear John.
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I don’t think people are understanding that Barbados DOES NOT HAVE A FUNCTIONING SUPREME COURT..and it appears TO BE A MALICIOUS AND DELIBERATE ACT BY the current AG AND THOSE WHO ARE RESPONSIBLE FOR HAVING A FUNCTIONING SUPREME COURT…they seem not to want one…which is a clear VIOLATION OF THE RIGHTS of those who have cases lingering in the court, some for OVER 15 YEARS..
…..it has been at least 6 months the court was closed and promises made to reopen it, cases ARE NOT BEING HEARD….apparently both the Manor Lodge and Canewood locations are not functioning so the COURT IS DEAD…..investors are being WARNED TO STAY AWAY..
fortunately for this prison officer, his case has started at the magistrate’s court ..
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More igrunce!
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Yardfowl…where is the Supreme Court?
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