Public sector union to face court if it fails to meet four demands

Embattled President of the National Union of Public Workers (NUPW) Akanni McDowall wants his suspension rescinded and he is willing to take to the High Court to force a reversal if action is not taken by the union in his favour.

In fact, his team of attorneys has given the NUPW 48 hours, set to expire Friday to favourably respond to four demands seeking to overturn the recent action according to a legal document obtained by Barbados TODAY.

It’s the latest twist in the public fallout between the union and its leader who was suspended as President and a member of the NUPW on June 23 after a controversial resolution that proposed McDowall’s appointment as Secretary General for a four-year period came to naught at a June 18 special general conference.

When contacted today McDowall declined to comment on the latest development.

The legal document dated July 6 under the letterhead of the respected Bridgetown firm of Clarke Gittens & Farmer not only questioned the union’s decision to suspend McDowall in accordance with Rule 17 (a) II of the National Union of Public Workers Rules and Standing Orders but said it affected McDowall’s bid to contest the presidency in the upcoming July 15 elections.

The firm contends: “The National Council acted in breach of the Rules and the laws of natural justice as our client was never given any, much less proper opportunity to be heard by the National Council or a meeting of the charges brought against him.”

According to the cited rule, there must be a vote of at least two-thirds of the members of the National Council that is convened to “suspend, censure or otherwise discipline or expel any member of the union who, in the opinion of the National Council, has been guilty of conduct calculated to bring the union into disrepute or has injured, worked against or has acted contrary to the interest of the union.

It however stipulates:  “Provided that such member be afforded proper opportunity of being heard by the National Council or of meeting charges brought against him and subject to appeal to General Conference or General Meeting as provided for in Rule 10(G) of these rules.”

As a result, “the decision is null and void”  the lawyers contended, as they also served notice they would seek redress.

The firm has demanded that the union immediately issue a memorandum withdrawing McDowall’s suspension and that this action be communicated to McDowall and all other persons and entities advised of the “purported suspension”.

The firm has asked that the NUPW officials “extend the period for submitting a member’s candidacy by two weeks and delay the NUPW elections and all associated formalities to account for the campaigning time lost by our client and any other member as a result of the decision”.

The lawyers also declared that the union must compensate McDowall for the costs he has incurred as a result of its actions.

On Tuesday, the National Council – the highest decision-making organ in the NUPW slapped McDowall with six charges and Natalie Murray, the suspended member who brought the resolution with three.

According to sources, the charges include claims that in June, McDowall condoned, encouraged and promoted on social media, radio and television and print, a resolution in which it was sought, among other things, to install him as Secretary General for four years contrary to three separate union rules.

The council also reportedly alleged that McDowall’s conduct created chaos and brought the union into disrepute and he was party to a petition that defamed senior staff members that could fracture the relationship between the union and its members among other things.

Efforts to reach Acting NUPW General Secretary Wayne Walrond were unsuccessful at the time of publication.
(sandydeane@barbadostoday.bb)