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Stabroek News

Getting impatient
published: Sunday | November 27, 2005

Orville W. Taylor, Columnist

With a record 1,480 murders and six weeks left in the year, homicide is our greatest problem. Whichever masochist wishes to be prime minister has to have real answers. The complexity of crime makes it a national problem not simply that of Peter Phillips and the security forces.

Nevertheless, the lar-gest numbers of murders are committed by or among residents of the constituencies of the main presidential candidates for the PNP and that of the Leader of the Opposition. Our homicides seem concentrated in garrison communities and we have a fear of 'dons' like Donovan 'Bulby' Bennett, emerging to challenge our system of governance.

Trinidad and Tobago's Prime Minister, Patrick Manning, faces a similar problem like ours except that his dons are mostly from the Jamaat al Musulmeen, an Islamic organisation. To confront this he has consulted with outgoing Israeli Prime Minister Ariel Sharon.

Sharon who recently bowed out of the ruling Likud Party to form another, had to constantly confront the threat of the Islamic Palestine Liberation Organisation (PLO). He may very well have taken a bite out of Likud's support. Nonetheless, only time will tell if he can beat Likud in a 'head to head' election.

Speaking of elections, the JLP's dominance of local government continued in Alexandria in St. Ann. A seat it has held since the 1950s, it is nothing for the Leader of Opposition or deputy general secretary to get 'big-headed' over. The real question is whether the party will be able to beat the finally chosen replacement for P.J. Patterson. Anyway, when is this infernal race going to end? Since the better part of two years it has taken up many pages and hours on the airwaves.

can't hold breath any longer

In a country with an
out-of-control murder rate, persistent economic inertia and serious questions about transparency and accountability I can't hold my breath any longer. It is a big distraction and were this the United States and Bush demitting office to his deputies, a long wait like this would be 'heart-breaking' to cardiac patient Dick Cheney. I most definitely don't want to see any of our 'Dicks' die. So I wait to exhale.

With the campaigns on in earnest and the four candidates in separate camps, there is an inordinate distraction from the issues of governance and a real 'camp pain'. More worrisome is that sitting ministers of
government and parliamentarians suddenly have new ideas of how the country should be run. Furthermore, they are keeping their plans close to their chests rather than sharing them with their colleagues who will remain part of the parliamentary majority whenever P.J. Patterson finally decides to leave. This divisiveness runs counter to the concept of collective responsibility because all are accountable for each in a party that is seeking electoral success.

Recently, both Derrick Smith and Opposition leader Bruce Golding chided the candidates for their
sudden 'new' knowledge given that they have been in active politics for several decades. They are absolutely right. The problem with that criticism though is that the same goes for Bruce who still has to convince the electorate that he is offering something new.

By the way, what happened on Monday when Portia Simpson Miller failed to show for a Private Sector Organisation of Jamaica (PSOJ) forum? Maybe the
organisers had more than 'four rums' but the explanation by Ann Shirley, her spokesperson, implies that Portia had been hoodwinked into agreeing to give a speech when the real intention of the PSOJ was to serve her up baked and grilled. The confusion is incomprehensible given that one of her competitors had been PSOJ-drilled earlier. Anyway, whether it is a flat-head or 'phillips' screwdriver somebody screwed up on this one.

On Tuesday, the courts fined Marksman Security Ltd. just over two guards' annual salary or $500,000 for failing to provide information to the Ministry of Labour under the Labour Relations and Industrial Disputes Regulations (LRIDR).

judge disagreed

In processing a claim for
bargaining rights for security
workers employed to Marksman by the National Workers' Union (NWU), the ministry sought information. In response, Marksman refused the request on the grounds that they were not true 'employees' as defined by the Labour Relations and Industrial Disputes Act (LRIDA) but are independent 'contractors.' Hence, the union had no basis to seek bargaining rights. However, the judge disagreed.

Although the NWU celebrates this as momentous, it is a minute victory. The fact is, the only reason that this case had to go to court was because the 2002 amendment to Section 2 of the LRIDA was poorly crafted and was surprisingly not guided by of any of the erudite senior trade unionists, who had/have warm relationships with the two relevant
former labour ministers.

On becoming aware of the impending amendment in 1999, I attempted to make both the ministry and unions aware that it was problematic due to its ambiguity. The proposed bill determined that contractors, working under conditions resembling those of 'employees,' were to be considered workers. However, since nothing in the act defines 'employee', each case would have to go to court. So said so done!

generally pussyfooting

Now, after months of legal fees and productive time wasted, the process is still incomplete. The ministry still has to await the information and determine whether there is enough evidence for a ballot to be held. Furthermore, the process can be subverted due to gaps in the LRIDA and LRIDR which, though evident since the mid-1980s, were not seriously pursued by the unions nor entertained by the ministers until recently. Sorry! In the interest of protecting workers, I won't tell you what they are.

I am running out of patience with the general pussyfooting.


Dr. Orville Taylor is senior lecturer in the Department of Sociology, Psychology and Social Work at the University of the West Indies, Mona.

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