Franklyn: Court ruling could hurt trade union movement

For the sake of the trade union movement, the National Union of Public Workers (NUPW) is being urged to appeal the High Court ruling that allows suspended president Akanni McDowall to contest upcoming elections.

That advice has come from trade unionist Senator Caswell Franklyn who disagreed with the decision by Justice Cecil McCarthy to reinstate McDowall as a member of the NUPW.

The general secretary of the Unity Workers’ Union told Barbados TODAY the ruling had serious implications not only for the NUPW but the entire trade union movement if it remained unchallenged.

McDowall had filed an injunction in the Supreme Court last week following his suspension as a member and president of the union by the National Council on June 23.

While Justice McCarthy did not reinstate McDowall to his post as president, he reinstated his membership and ordered the NUPW to allow him to submit his candidacy for president on or before July 29. He also ruled that the general elections could not be held within 21 days.

Barbados TODAY understands that while the National Council met in an emergency meeting on Thursday evening to discuss the ruling, no decision was taken regarding the next course of action.

“The National Council has to appeal it and if they don’t, it makes no sense having a union function the way it is intended. [Justice] McCarthy’s decision would change the way in which unions operate,” Franklyn said.

“My advice to the NUPW is that they must appeal this for the good of all unions, not only them because it will come back to haunt some other union again. They must protect the union movement from unnecessary intrusions from the court, or anybody else for that matter.”

The outspoken trade unionist maintained that the court had overstepped its boundaries by making a ruling without sending McDowall back to appeal his suspension before the union.

He said the NUPW constitution provided for such, pointing to Rule 18 A of that constitution which states: “Any officer, member or employee so suspended or dismissed or otherwise disciplined shall have the right to appeal to general conference/meeting whose decision is final.”

Rule 18 B speaks to the procedure of an appeal, and states: “An application for an appeal should be made through the general secretary within 30 days of the day on which the officer, member or employee has been informed of the decision to suspend, dismiss or otherwise discipline him or her.”

Franklyn maintained: “You must exhaust all of your avenues before approaching the court. This is like a case where a lawyer takes a case to the CCJ before going to the Court of Appeal so he has gone to the higher tribunal before exercising his rights at the lower level.”

“I’m still of the view that the court erred in this respect and the court should have sent Akanni back and tell him to go through the procedures and then if you are not successful there then you would come to us, but you don’t come straight to the court,” added Franklyn, who said he had consulted with other attorneys who agreed with his position.

“So either [Justice] McCarthy knows better or the point was not argued in court, and if the point wasn’t argued before him I would wonder why not because this is too basic.”
(randybennett@barbadostoday.bb)