Head Of Unity Workers’ Union (UWU) Caswell Franklyn says he is being thwarted in his efforts to represent workers of the Barbados Energy & Sugar Company at Portvale Factory.
The long-time trade unionist said he had applications for and recruited 55 employees out of the 83 at the company, but charged that workers were being told not to join his union.
Franklyn provided the DAILY NATION with a letter he wrote to the chief executive officer, Marlon Munroe, on July 26, outlining the rules of engagement between the union and workers, and a claim for recognition as the bargaining agent.
It stated: “Unity Workers’ Union was registered as a trade union on July 26, 2010. Our rules permit us to recruit membership from among all persons in Barbados, who are employed under a contract of service. To date, pursuant to that mandate, we have accepted applications from 55 members of your weekly paid staff. Our understanding is that these persons constitute a majority of this category of your staff. We are therefore seeking recognition as bargaining agent for the weekly-paid members of your staff.
“It has been reported to the union that during the recruiting period, staff members were cautioned against joining Unity Workers’ Union. Out of an abundance of caution, we wish to draw your attention to the provisions of Section 40A of the Trade Union Act.”
That section basically deals with employers dissuading or preventing workers from joining a union, and dismissing or adversely affecting their employment if they wish to do so or are carrying out union duties. If found guilty, they are liable on summary conviction to a fine not exceeding $1 000, imprisonment not exceeding six months, or to both.
Franklyn said while he has not yet received a response to his letter, another union held a meeting with
the workers.
“I heard that BWU (Barbados Workers’ Union) is having an emergency meeting with the workers that I have in Portvale. My workers were told not to go because they are not members of BWU.”
He stated: “You will see the letter says it has been reported to the union that during the recruiting period, staff members were cautioned against joining UWU. I drew their attention to [legislation] that basically tells them . . . it’s a criminal offence.”
He noted that if management wanted to verify his claim, it could ask the Labour Department to conduct a poll “[and it] will advise them of the outcome”.
A senior official at the sugar company, who spoke “off the record”, said they could not prevent any union from engaging with the workers, adding the employer was also not in a position to verify any trade union’s representation.
“The Labour Department would have to conduct a poll and advise us of the numbers,” he stated.
When contacted, Cheyne Jones, communications and information manager at the BWU, said: “If he has the numbers, he will send in the form for recognition.”
However, Franklyn said this was not the first time he encountered such a situation.
“I find that a lot of them are kind of making the point that they’re only dealing with BWU and National Union of Public Workers (NUPW),” he said, adding he was facing a similar challenge at the Barbados Revenue Authority (BRA).
“My union has 109 employees at the BRA. The National Union of Public Workers has 60-something and BWU has one and they have recognised the BWU,” he charged.
Franklyn said while it was up to the members to take action for recognition, in such circumstances where a dispute arises, he can invite the employer to do a poll of the workers or conduct a perusal of his records and the application forms.
“According to the trade union regulations, it is the union with the most representatives, and the Government is still objecting because they want to have the people who they can best control. I’m not one of those people they can control.”
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