est. 2007

Barbados Underground

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Unionists BEWARE!

The following was submitted as a letter to Barbados Underground – David, blogmaster Then they came for the trade unionists, and I did not speak out— Because I was not a trade unionist… –Martin Niemoller The criminal charges laid against Mr Trevor Browne, the President of the Prison Officers Association for inciting four other prison…

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The following was submitted as a letter to Barbados Underground – David, blogmaster

Then they came for the trade unionists, and I did not speak out—
Because I was not a trade unionist…

–Martin Niemoller

The criminal charges laid against Mr Trevor Browne, the President of the Prison Officers Association for inciting four other prison officers to desert their jobs, would appear to implicate the international labour law concept of freedom of association as applied by the International Labour Organization in Convention No 87, to which we have been a state party since 1967.

Mr Browne is, of course, not immune from prosecution for alleged infringements of the law. International labour law clearly recognize this in its holding that “although holders of trade union office do not, by virtue of their position, have the right to transgress legal provisions in force, these provisions should not infringe the basic guarantees of freedom of association, nor should they sanction activities which, in accordance with the principles of freedom of association, should be considered as legitimate trade union activities.”

It is also recognized that “in cases involving the arrest, detention or sentencing of a trade union official, the Committee [on Freedom of Association]…has considered that it was incumbent upon the government to show that the measures were in no way occasioned by the trade union activities of the individual concerned.”

It is of further interest to note that section 8A of our Trade Unions Act, Cap 361, removes civil liability for the now impugned act if it is done in furtherance of a trade dispute-

An Act (sic) done after 18th November, 1974 by a person in contemplation or furtherance of a trade dispute shall not be actionable in tort on the ground only

  1. that it induces another person to break a contract to which that other person is a party or prevents another person from performing such a contract…

Potentially, this prosecution fundamentally restricts the freedom of association enjoyed by the prison officers, even in the absence of legislation making it an essential service.

68 responses to “Unionists BEWARE!”

  1. Gabriel Avatar
    Gabriel

    The “Rev” Gordon Matthews did a ‘browne’ at Glendairy and the rest is history.There will always be three sides to a story.I repeat and especially in disciplined forces,there cannot be two bosses.If I as Commanding Officer issue a dictate then it must be carried out.If you Mr Subordinate want to question me then it is time for you to get your azz out of my unit,No ifs,ands nor buts.Get out! I as CO have a superior officer from whom I take orders.No junior rank will play de azz in my unit and think I will turn a blind eye to sabotage.The idea that the Nation Publishing Co had to resort to having their newspaper printed in Trinidad when in its infancy still rankles. A powerful foolish trade union was allowed to sabotage a black upstart starting out on his own.

  2. Gabriel Avatar
    Gabriel

    With the advent of the Airport Authority in the 70’s,Airport by laws require any prospective employee to produce a police certificate of character to qualify for employment there and for sound reason.
    That was when Errol Barrow was Minister of Civil Aviation.I am reliably informed that along came a minister in the last 10 years who challenged that proviso and had cabinet agree with him and it was changed to allow criminals to be employed at the airport.Category1 designation might continue to be elusive but that is neither here nor there,anything goes depending on the party in power.Staurt will never be a Barrow.

  3. Sargeant Avatar
    Sargeant

    A powerful foolish trade union was allowed to sabotage a black upstart starting out on his own.
    Says Gabriel
    ++++++++++++
    Aren’t Unions the manna that Bajan politicians feed on? Wasn’t Frank (Heavy Roller)Walcott instrumental in Barrow’s ascendancy? Bajan politicians love Unions when they are on their side, who loved the Grand Old Duke of York? How about more recent events e.g. the march to Bay Street? Every potential business that tried to set up shop in Barbados has faced peril at the hands of a Union, so why should a “black upstart” be exempt?

    When the law was changed re Prison Officer’s Union activity it should have been enforced from the get go, the Gov’t shouldn’t have adopted a laissez-faire attitude to continuance of the former activity. These charges at this stage smack of political interference disguised as law and order to punish someone whom it deemed as inimical to its program and an enemy of its lackey.

  4. David Avatar
    David

    @Sargeant

    Your comments on this topic are insightful.

  5. David Avatar
    David

    Looks like CTUSAB will fight this matter. We wait to see how.

  6. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    Shanell Wendy Antonia Ellis-Vaughn, 40, of Hillaby, St Andrew, was accused back in 2016 of associating with former inmate at HMP Dodds, Adrian Vaughn, over a three-year period, without the permission of the Superintendent of Prisons, Lieutenant Colonel John Nurse, contrary to prison rules, under the Prison Act, CAP 168.
    But when she made another appearance before Magistrate Douglas Frederick yesterday, prosecutor Sergeant Carson Henry informed the court he had been instructed not to continue the matter. The magistrate dismissed the case for want of prosecution.

    Caswell Franklyn
    A prison officer was caught stealing diesel from the prison. He is now suspended pending his own trial and now he is one of the persons accusing Browne of maliciously endeavouring him away from his duty. Another is a female prison officer who married a former inmate. Her case is pending for years. It is a dismissible offence for a prison officer to associate with former prisoners.

    An interesting development…

  7. Donna Avatar
    Donna

    http://www.nationnews.com/nationnews/news/221936/warder-cleared-charge

    You mean a FRIGHTENING development.

  8. Donna Avatar
    Donna

    Again I ask my foolish question – how do prison officers, human beings just as we are, have their grievances addressed without trade union activity and in the face of unresponsive authorities?

  9. David Avatar
    David

    Repeating the comment for emphasis- follow the witnesses.

  10. Donna Avatar
    Donna

    Oh, I am following. This shit is so blatant it reminds me of he who shall not be mentioned. LOL.
    I am being very obedient today, David.

  11. Sargeant Avatar
    Sargeant

    The fix is in, case discontinued, is justice being perverted?

    http://www.nationnews.com/nationnews/news/221936/warder-cleared-charge

  12. Hal Austin Avatar
    Hal Austin

    @Sargeant,

    What does this say about our criminal justice system? We talk casually about criminal files (paper ones) going missing, but does the same thing happen with property documents? Who ordered the prosecuting sergeant to drop the case? What reason was given? Why did the magistrate not ask pertinent questions?
    Are our criminal and civil justice systems corrupt? Is Barbados a failed state?

  13. Lexicon Avatar
    Lexicon

    Hal Austin

    The criminal justice system in Barbados was corrupted from as far back as the 1970s
    …when children of the well connected were allowed to walked out of the police station after breaking the law over and over … where police men were allowed to walked free after beating the hell out of their wives … and where police openly executed known criminals and planted guns next to them … where male police beat the hell put of their female police girlfriends and wives and were allowed to walked free … where police men foop underage teens school girls in the police barrack known to the upper brass who turned a blinded eye … where a member of the upper bassed foop practical all of the underage girls in the area some 4 decades ago … and this was known to some of the parents in the area … who complained but nothing was done etc

  14. Sargeant Avatar
    Sargeant

    @Jeff C
    An interesting development…
    ++++++++++++
    Is “Interesting” the correct word? Bajans like to proclaim that they are among the most intelligent people in the world but fortunately or unfortunately that thinking doesn’t exist among the political class which thinks that they are fools. It doesn’t take much to connect the dots in this instance a prospective witness against the Union head suddenly has her case dismissed after languishing in the Courts for years. The Superintendent ‘s position according to the law is based on some sort of military discipline but this “discipline” as it applies to the Ms. Vaughn is conveniently cast aside by the Gov’t in pursuant of the case against Mr. Browne.

    If I was the lawyer for the person accused of theft, I would want the same deal for my client, what’s good for the goose is good for the gander we have always heard of backroom deals when it comes to prosecution of some people but never has it played out so publicly with such an obvious intent.

    I’m sure someone will say the DPP made the call, yeah right.

  15. Barbados Underground Whistleblower Avatar
    Barbados Underground Whistleblower

    @ Hal Austin
    Are our criminal and civil justice systems corrupt? Is Barbados a failed state?
    xxxxxxxxxxxxxxxxxxxxxx

    Do you not f×cking read BU daily or you like to spIn in shite.

    I don’t know how many times I have exposed the corruption and dishonesty in Barbados including lawyers, police detectives and uniform officers, immigration officers, customs officers, Deportees, bankers and drug lords including having evidence planted twice because I refused to give in to demands.

    I have never spoken about Prison Guards having never dealt with any but it is pretty evident that the same types of activities are happening here.

    This alleged criminal female prison officer case was thrown out to give strength to the Superintendent of the Prison with his beef with Browne and garner support of this woman as a witness since she has already made a police statement in Browne’s legal criminal matter.

    The fact that the Nation Online has exposed who this woman is and her case being dismissed through lack of evidence which was brought by the Superintendent of Dodds Prison her workplace strengthens Andrew Pilgrim Browne’ Attorney hand.

    This is the way how it done in Barbados to suppress and get rid of opposition to win battles by ANY DIRTY MEANS NECESSARY.

  16. Donna Avatar
    Donna

    This is an insult to our intelligence. Or is it meant to be a warning to those who would dissent. It seems the time for sitting idly by and watching is past. The bell is tolling for us all.

  17. Barbados Underground Whistleblower Avatar
    Barbados Underground Whistleblower

    @ Donna

    This has been going on for a very looooong time.

    Look at the young man beaten and killed in Barbados BAYGON Police custody in Oistins Police Station.

    Then the same DIRTY Police try to say he died by hanging himself.

    Barbados is a wicked and corrupt place.

  18. Follow the Witnesses Trevor Browne! | Barbados Underground

    […] following was posted to the Unionists BEWARE! blog on the 8the December […]

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