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. David Avatar
    David

    The silence is loud from key stakeholders!

  2. Sargeant Avatar
    Sargeant

    I’ve said a little about this already, Dodds is essentially under the same people under whose watch Glendairy went up in flames (BTW what happened to the report of the COI). The Prison Boss, Nurse, the former Atty Gen who is now PM and the other Atty Gen who is now the new Atty Gen Dale Marshall. If anyone cares Ms. Mottley was not even called as a witness in the subsequent inquiry a decision no doubt occasioned by the fact that the BLP still formed the Gov’t and didn’t want to expose its rising star to any criticism

    Does history repeat itself? Yuh bet yuh life the new edifice may be fire proof but it is not free of controversy, poor morale and indifferent leadership masquerading as tough on discipline. The politicians? Well don’t hold your breath expecting miracles.

    plus ça change, plus c’est la même chose

  3. David Avatar
    David

    A country chockerblocked with lawyers, why have we not seen an intellectual critique of the matter supported by a robust intervention by the established unions? All segments of civil society must be alert to ensure our freedoms are protected. We fail to be vigilant and we should anticipate what will follow.

  4. de pedantic Dribbler Avatar
    de pedantic Dribbler

    David Mr Blogmaster, when these matters reach public awareness we get introduced to regs and laws we hardly otherwise notice.

    According to the piece above the job of prison officer us not considered “an essential service” which as I understand the term means a job so designated by the government that if i teruppted or “deserted” would gravely affect (endanger, even) the life and safety of Bajans.

    I can only presume there are other special considerations (from the union action side) associated with such job titles…but I would think that prison officers should have that designation! …but if they don’t then how can this man be charged for an act against the nation’s well being (the criminal charge) when he is asserting union tactics – which on their face appear legal? Are there other contract rules under which the prison officers work that were breached?

    You said the stakeholders are silent because I presume you see this as an assault on unionism but if we step back for a moment then it may help to set clear precedents after a definitive court ruling.

    Mr Browne is surely experiencing a bad post INDEPENDENCE but he will just as surely learn significantly from this episode on how to wield his leadership power and respect that even as a union leader his independence can be curbed by powerful folk .

  5. Hal Austin Avatar
    Hal Austin

    I know for a culture with a short attention span, this matter may drift off in the wild, but we must insist on knowing who made the decision to prosecute the prison officer; whose decision was it. Why has the case been adjourned until February? Cases are adjourned for long periods for a limited number of reasons. The state is flexing its muscles. This is the early stage of Leviathan versus Democracy.
    It will end in tears; Barbados is a failed state.

  6. David Avatar
    David

    @Dee Word

    It is a serious matter.

    Do not forget, we are a nation of laws.

  7. de pedantic Dribbler Avatar
    de pedantic Dribbler

    Indeed Mr Blogmaster, we are still a nation of laws!

    That the govt has played its hand like this is amazing (from where I sit, with no info whatever). This would appear as our resident ‘pessimist’ asserts a govt flexing its considerable muscle…however, quite aggressively and seemingly unnecessarily.

    The union head could have been ‘disciplined’ without this public affront to union principles and the workers ability to strike….actually, I should ask the Dean, Caswell or others who know: are prison officers otherwise limited from ‘strike’ or other ‘removal of work’ as a dispute action?

    If the govt badly loses this matter in court what then? Does Super Col Nurse accede to whatever direction is issued? If the govt WINS their case then does Super Col Nurse run roughshod over his officers and the BLP initiate their control by whatever means necessary of any disruptive activists!

    Let the rule of law properly prevail.

  8. Vincent Codrington Avatar
    Vincent Codrington

    @ David BU at 12 : 04 PM

    You certainly have this one right. We are”a nation of laws”. Other than the USA we must have the highest pieces of legislation per capita.

  9. David Avatar
    David

    @Vincent

    Aye…is there a concomitant respect from stakeholders for what the letter of the law is meant to convey?

  10. Georgie Porgie Avatar
    Georgie Porgie

    RE Other than the USA we must have the highest pieces of legislation per capita.
    AND LIKE IN THE USA WE CAN BREAK THE LAW WITH IMPUNITY ESPECIALLY IF YA AT THE TOP OF SOCIETY, ARE A POLITICIAN , OR ARE OR HAVE A GOOD LAYER…ah lie?

  11. Georgie Porgie Avatar
    Georgie Porgie

    re That the govt has played its hand like this is amazing (from where I sit, with no info whatever)

    YOU ARE VERY GOOD, DPD, AT TALKING A LOT with no info whatever AS WHEN IN YOUR IGNORANCE YOU ARGUED HEATEDLY ON THE AETIOLOGY OF CERVICAL INJURIES AND THE NEED FOR AN EMERGENCY POST MORTEM.

    NOT EVEN THE MEMBERS OF THE HOLY TRINITY ARGUES THUS!
    WHAT DOES THIS MAKE YOU?

  12. David Avatar
    David

    Posted elsewhere…

    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.

    At present, I do not know what the prison authorities have holding over the heads of the other two but I am certain that they did not report this matter of their own free will.

    Browne is charged for allegedly inciting prison officers away from their duty. But why is no one being charged for impregnating a Jamaican prisoner. I suppose that the woman, now safely back in Jamaica, would keep quiet while the blackmail money continues to flow.

    Wade Gibbons
    Wade Gibbons Caswell Franklyn I remember the prison officer ‘lady’ very well….covered that situation years ago when she got impregnated by an inmate, married him on his release from jail, all contrary to the Prison Act, and still kept her job. She is not a credible witness and if the others are cut from the same cloth Browne has nothing to worry about. Apart from being Judases, this must be their way of currying favour from the authorities to remain in the system. And then Bajans have to be subjected to people in suits sitting down around a table in parliament [remove yourself from that bogus gathering, CF] on some select committee talking cnut about corruption in Barbados. Lilliput is alive and well!
    Manage

    David King
    David King https://barbadosunderground.net/2018/12/08/unionists-beware/
    Manage
    barbadosunderground.net
    Unionists BEWARE!

  13. A. Dullard Avatar
    A. Dullard

    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. At present, I do not know what the prison authorities have holding over the heads of the other two but I am certain that they did not report this matter of their own free will. Browne is charged for allegedly inciting prison officers away from their duty. But why is no one being charged for impregnating a Jamaican prisoner. I suppose that the woman, now safely back in Jamaica, would keep quiet while the blackmail money continues to flow.

    Impossible! These tings doan happun bout hay. We are the Gem of the Caribbean.

  14. David Avatar
    David

    You may recall the blogmaster pointed out on another blog that we should follow the witnesses.

  15. Lexicon Avatar
    Lexicon

    Georgie Porgie

    “And like in the US we can break the Law with impunity”

    Of course … like Trump who offers presidential pardons to people who are convicted of breaking the law?
    Tell me what kind of precedent is this idiot setting by destroying the values and ideals upon with America was founded by making a mockery of justice?

  16. Hal Austin Avatar
    Hal Austin

    A. Dullard,

    Barbados is a failed state.

  17. Donna Avatar
    Donna

    This shit smells like the one flowing into our seas.

  18. de pedantic Dribbler Avatar
    de pedantic Dribbler

    So Mr Blogmaster, I get your thrust re “follow the witnesses” and all that but as I read the Franklyn/Gibbons post I am driven to ask: What is underlying all this great subterfuge? Can you with your deep connections offer any insight?

    Why are “CRIMINAL charges laid against …the President of the Prison Officers Association for inciting four other prison officers to desert their jobs”?

    We never use a sledge hammer to fix a standard size nail problem, now do we!

    What’s really going on here…I missed it!

  19. de pedantic Dribbler Avatar
    de pedantic Dribbler

    And wait I just remember, were not two of dem fellas (Nurse, Franklyn, Gibbons) military cadets/officers in BDF!

    How is it that one is now accused of losing his military decorum for the rule of law – assuming he had it originally.
    And one of dem was also a police officer….

    And all three of dem was part of *** back in de day 🤣….(irrelevant, merely small country similarities)…oh lordie!

  20. David Avatar
    David

    @Dee Word See latest update to the blog, try to keep up!

  21. Georgie Porgie Avatar
    Georgie Porgie

    RE @Dee Word See latest update to the blog, try to keep up!
    HOW CAN HE?
    HE HAS A SENSORY APHASIA!

  22. David Avatar
    David

    There will be zero tolerance to nonsense comments like this one. First and last warning.

  23. Barbados Underground Whistleblower Avatar
    Barbados Underground Whistleblower

    Bajans way too ignorant and seem to be living in a BUBBLE.

    Setups and COLLUSION are par for the course.

    I have had first hand experience of how the system works including planting of evidence TWICE.

    LUCKILY FREE AND ALIVE TO TELL THE TALE.

  24. de pedantic Dribbler Avatar
    de pedantic Dribbler

    Mr Blogmaster, I try!

    But I did see your update which merely adds to the intrigue, as I said…there HAS TO BE more to this than the incitement charge…you don’t perceive that?

    What’s realy BENEATH the reason to make such a charge ? Surely bastarduzing the union head can’t be a tactic re the other old officer related infelicitues…this speaks to infelicities of those higher up and trying to shift him away or establish him as a disgruntled ‘whistle blower’…but all thats idle speculation.

    The fact is tho the sum of these parts don’t add to this current equation.

  25. David Avatar
    David

    @Dee Word

    Allow the exchanges to develop for a bit.

  26. de pedantic Dribbler Avatar
    de pedantic Dribbler

    Ah…I see the new blog now.

    My bad, I thought you meant the item above. Develop this will indeed.

    Propa or rather copacetic!!

  27. Georgie Porgie Avatar
    Georgie Porgie

    RE @Dee Word See latest update to the blog, try to keep up!

    HOW CAN HE?
    HE HAS A SENSORY APHASIA!

    RE There will be zero tolerance to nonsense comments like this one. First and last warning.

    IS IT BECAUSE YOU DO NOT KNOW WHAT A SENSORY APHASIA IS?

    I WENT TO SCHOOL ON THE GUVMENTS DIME TO KNOW WHAT IS AN APHASIA AND TO OPINE ON APHASIAS
    WHY DONT YOU CHECK OUT WHAT A SENSORY APHASIA IS BEFORE YOU CALL MY POST NONSENSE
    YOU SOUND LIKE AN ANGRY INFERIOR WOULD BE SUPERIOR

    NONSENSE COMMENTS ARE MADE ON BU ALL DAY LONG INCLUDING BY YOU

    CLEARLY YOU WANT TO CURB MY FREE SPEECH AND MY JOINING IN THE DISCUSSION, SINCE YOU NEVER KNOW HOW EXPRESSING YOUR VIEW MAY MAKE A DIFFERENCE.

  28. WARU Avatar
    WARU

    Caswell would do well to heed warnings…these are the lowest, filthiest scum of the earth, I would not sit around any tables with any of them at any time…

  29. Wily Coyote Avatar
    Wily Coyote

    @David

    “It is a serious matter.

    Do not forget, we are a nation of laws.:

    Ah yes Mr. Blogmaster, it is a semi serious matter, you forget that Barbados is a Nation of LAWS, unfortunately its not a Nation of Enforcement of those Laws, that’s where Democracy breaks down.

  30. David Avatar
    David

    The blogmaster is looking forward to hear a hue and cry on behalf of Trevor Browne.

  31. Kammie Holder Avatar
    Kammie Holder

    From a Barbadostoday comment section

    “THE GAURDIANS
    Barbadians have to watch this development closely. Today it’s Mr Brown who nexts. I have realized that in this Barbados when the average man stands up for his rights he can become a victim of heavy handedness and injustice. Is this the kind of country we want. Ask ourselves that question. When you see developments like this and no one sits up and pay attention it grows in to a monster that is then hard to get rid of. Bajans have to be vigilant at all times when it comes to our human rights that their are not surpress at night time. In other countries acts like these lay the ground work for select few to do as them like in the country. I can’t speak for the rest of Bajans but I believe that this is not the road we want to see people in power go down. It’s clear to see the Mr Brown is be targeted for whatever unknown reason yet to be known to the public. This is Russian behavior not Barbadian at all. When a nation remains silent it gives tyrants the opportunity to get away with injustice.

    DECEMBER 8, 2018 – “

  32. Kammie Holder Avatar
    Kammie Holder

    @David, we are a country of greedy individuals where many are comfortable turning a blind eye to inappropriateness to maintain social invites and kickbacks. Those who are strong enough to speak out and not fazed by incarceration are often seen as troublemakers by those in authority as well as the sheeple class

  33. David Avatar
    David

    @Kammie

    It appears to be the case everywhere. Sign of the times?

    The introductory quote we know is a favourite of yours.

  34. Donna Avatar
    Donna

    The man who stands up for the Barbadian often tends to look around and see that those he is standing for have fled. I hope this is not one of those times. Having said that I think his choice of attorney will ensure that this case folds quickly. I hope it does so before the damages he has been awarded disappear into that attorney’s pocket, however deserving he may be.

    I wonder, I must ask Jeff, are there provisions under which one may sue the government for spurious charges?

  35. Donna Avatar
    Donna

    These are some serious times. The signs are ominous.

  36. Hal Austin Avatar
    Hal Austin

    There is malicious prosecution and false imprisonment. Then there are reputational damages and lost career, since whether he is convicted or not he obviously will suffer career damage.

  37. Charles skeete Avatar
    Charles skeete

    Yes we are a nation of laws but justice must be perceived to be equitably dispensed both for the rich and the poor and that draconian law under which inconceivably the President of the Prison Officers is charged should as quickly be removed from the statute books as was done to the constitution to make ineligible persons eligible to pronounce on public policy in Barbados.The detention of Mr Browne on such flimsy grounds is nothing short of stupid and barbaric and should definitely be an eyeopener.
    That the Congress of Trade Unions and Staff Associations of which the Prison Association enjoys membership
    has not seen fit to comment on the matter is scandalous and renders it to be no more than a toothless bulldog.

  38. Donna Avatar
    Donna

    The Prison Officers Association has now withdrawn from CTUSAB for legal reasons.

  39. Kammie Holder Avatar
    Kammie Holder

    For years men have spoken about their experiences off oppression in the system. Not one of the social partners or even the church expressed a concern. Now the opportunity arises for great publiciry many showing hypocritical care and concern.

    Many of you find the blog as another avenue to showcase your acute critical thinking deficit. What aint pass you aint miss you for today its me tomorrow its you!

  40. Donna Avatar
    Donna

    For Whom the Bell Tolls
    by
    John Donne

    No man is an island,
    Entire of itself.
    Each is a piece of the continent,
    A part of the main.
    If a clod be washed away by the sea,
    Europe is the less.
    As well as if a promontory were.
    As well as if a manor of thine own
    Or of thine friend’s were.
    Each man’s death diminishes me,
    For I am involved in mankind.
    Therefore, send not to know
    For whom the bell tolls,
    It tolls for thee.

  41. Bush Tea Avatar
    Bush Tea

    Is this not the same BLP that was accused of using Cricket World Cup equipment to spy on Bajans …and who threatened to shut down the blogs to control what people could say?
    Shiite … they only kept quiet when they were in opposition …and such free complaints and opinions suited THEIR purposes.

    Leopards DO NOT chance their spots
    What would possibly have caused Mia to change her stance on free speech now that SHE is the target of criticism.

    This guy Browne is obviously not a brass bowl and is willing to stand up for – NOT ONLY HIMSELF, but for his fellow brass bowl officers.
    The REALITY is that people of his ilk get crucified by the SAME overwhelming numbers of brass bowls that he seeks to help.
    Bushie is NOT surprised that there are few willing to stand up for this man, but he has been at this for long enuff now to know NOT to expect such support from the sheep.

    This is pure SPITEFULNESS being exhibited by people who SHOULD NOT even be in the positions that they still hold.

    Bushie is TIRED of pointing out here on BU that the WHOLE Glendairy prison FIASCO is rooted in UNEXPLAINED shiite – Under the SAME people who currently run things.

    How did unarmed, confined, controlled prisoners manage to burn down a whole damn prison …. while HUNDREDS of armed officers, police, army and other officials were on site…?

    How come the last DLP shiite hounds kept the SAME people in charge for ten years – and NEVER revealed the details of the Glendairy failures?

    When questions such as these are threatened with exposure, all sorts of strange charges are wont to fly…..
    These charges are MUCH to stupid and spurious to not reveal a DEEP fear on the part of authorities…..

  42. bajans Avatar
    bajans

    The authorities may be afraid alright. They will have more to fear with Andrew Pilgrim being the lead counsel. I can see him taking this all the way to the CCJ and Mia ain’t gonna like that.

  43. David Avatar
    David

    Andrew specializes in criminal.

  44. Barbados Underground Whistleblower Avatar
    Barbados Underground Whistleblower

    @ Kammie Holder
    @David, we are a country of greedy individuals where many are comfortable turning a blind eye to inappropriateness to maintain social invites and kickbacks. Those who are strong enough to speak out and not fazed by incarceration are often seen as troublemakers by those in authority as well as the sheeple class
    xxxxxxxxxxxxxxxxxxxxxxxxxxx

    Mr. Holder this is the main reason I encourage young people to leave and get out of this real not imagine cesspool. Life is indeed MUCH better outside of the filth and crab in the bucket syndrome on the island of Barbados.

  45. Barbados Underground Whistleblower Avatar
    Barbados Underground Whistleblower

    @ bajans
    The authorities may be afraid alright. They will have more to fear with Andrew Pilgrim being the lead counsel. I can see him taking this all the way to the CCJ and Mia ain’t gonna like that.
    xxxxxxxxxxxxxxxxxxxxxxxxxxx

    I agree with your comment.

    Andrew Pilgrim is not an island by himself and is well connected Caribbean wide.

    He would have no problem having another lawyer working beside him taking the matter to CCJ.

  46. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    ny person who, directly or indirectly, instigates, commands, counsels, or solicits any meeting, sedition or disobedience to any lawful command of a prison officer to any other prison officer, or maliciously endeavours to seduce any prison officer from his allegiance or duty, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term of one year

    This is the provision under which the charge was laid. How is this compatible with the right of the association to “organize its own activities”?

  47. Bush Tea Avatar
    Bush Tea

    How does recommending sick leave to fellow officers conflict with this provision Jeff?
    Is it not in everyone’s interest for people who are sick to take the time needed for the restoration of good health?
    Shiite… that would seem to be in the line of duty to Bushie…

    Now if he has suggested that they do to the old lion what young lions are known to do to autocratic seniors who want to hog all the lionesses….
    PERHAPS.. that may have qualified…

  48. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    How does recommending sick leave to fellow officers conflict with this provision Jeff?
    Is it not in everyone’s interest for people who are sick to take the time needed for the restoration of good health?

    @ Bushie, Clearly an argument as to vagueness may be in order!

  49. Gabriel Avatar
    Gabriel

    I have a problem with disciplined forces dabbling in trade unionism.One only has to listen to the wild talk of the man O’Neal of CTUSAB.Mouth open crap come out.When the commanding officer speaks the subordinate obeys.If you think you should question why,get to hell out of the disciplined services and go work at the sea port where you are permitted to do as you like,until one day the IMF is called to help and your azz is grass.

  50. Bush Tea Avatar
    Bush Tea

    I have a problem with disciplined forces dabbling in trade unionism
    ++++++++++++++++++++++++++++++++++++++++++++++++++
    All well and good when you have good, fair, unbiased LEADERSHIP in place.
    What the hell happens when you don’t?

    If we need to be careful with industrial relations in ANY area, …it is with the disciplined forces.
    THEREFORE, when EVER there are issues of major failures in operations, performance or ongoing relationship issues, LEADERSHIP must be brought under SERIOUS scrutiny.

    We had complaints BEFORE the fire
    We had problems during the transition
    We have problems at the new facility
    BUT…
    ….NO changes to leadership; No investigation that explains the issues; No restructuring; No inquiry…

    What??? … the workers must just keep on suffering….
    Do you know what it is like to be in such a situation for DECADES…?
    then…
    To win a HIGH COURT CASE …and still be ignored…?
    Steupsss…
    Sometimes you sound like Lorenzo….

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