Count us out, says former prison association executives

By Anesta Henry

Just days after the High Court restored the right of prison officers to join trade unions, three former officials of the Prison Officers Association have exercised that right, rejecting a suggestion that warders form their own union.

Dave Best, who served as acting president of the association, former treasurer Nigel Hall, and former secretary Paul Outram told Barbados TODAY on Wednesday they felt as though they had been delivered from the “oppression” of prison officers.

“We give thanks to God Almighty for having brought us through this whole ordeal. This year is exactly 40 years that this oppression had been brought upon prison officers. I find it significant because we have now escaped our Egypt, so to speak,” Best said.

In a landmark judgement released last Friday, Justice Cecil McCarthy rolled back legislative amendments that made it unlawful for prison officers to join, associate with or benefit financially from trade unions, and prevented the Prison Officers Association from representing officers on matters relating to their conditions of service or their ability to bargain collectively.

The judge said the Prison Amendment Act 1982 was “unconstitutional, null and void”, ruling that it significantly restricted prison officers’ freedom to association which was enshrined in the Constitution.

Since then, Best, Hall and Outram have become members of the Unity Workers’ Union (UWU), headed by Caswell Franklyn who has served as a consultant to the Prison Officers Association, and to whom they expressed gratitude for getting the matter before the court.

Best, Outram and former president of the association Trevor Browne who has maintained he is still head of the body, despite being suspended from duty, were the claimants in the matter.

“I want to thank members of staff who stood with us and who showed tenacity during the whole ordeal and who reposed confidence within us. But I want to give a very special thanks to Mr Caswell Franklyn who also stood with us through thick and thin,” said Best.

Hall added that the veteran trade unionist was “the only individual in this country . . . who stood with us through and thin, who braved the winds”.

In an interview with Barbados TODAY earlier this week, Browne said it was best that his colleagues form “a little union of our own, stay within our little cocoon, and work with the administration”.

“I don’t think that at this point in time that the staff should run away and go and be affiliated with no other union. Because of how the prison is structured and national security considerations, there are things that happen in the institution that I don’t believe should come out in public,” he had said.

However, the three former executive members said each prison officer has the right to join whatever representative body they choose.

Hall advised: “I want to say to prison officers that they must be careful in decisions that they make. I would advise every single prison officer to be cautious of sweet-sounding words. Don’t forget your history.”
Outram further contended that a prison officers’ trade union would require full-time staff and access to government subventions.

“In order for us to really accomplish anything going forward, we all must work together – both officers and administrators. It is not about us, it is about the general interest of the institution and the country. Whatever is done, I hope that it would benefit all Barbadians, not just prison officers alone,” he added.

Meantime, an emotional Best said he believed it was “reprehensible” for the Prison Amendment Act 1982, enacted under the former administration of Prime Minister Tom Adams, to impose such “draconian measures on members of a public institution and working-class Barbadians”.

“And one would only hope that we would not see any moves afoot to try to reimpose such measures on prison officers or any worker within the public service in Barbados,” Best said.

Outram, who also expressed gratitude that justice had been served, said even though he and his colleagues have been “freed”, they have been forewarned that legislation could be created in the future to “bind” them.

He, therefore, advised prison officers to get guidance and advice before entering agreements. anestahenry@barbadostoday.bb