Orville Taylor

The police have finally recovered from their three-day pandemic and thankfully so because the nurses are still restive, although their wage dispute is supposedly settled and the medical doctors are yet to be placated. I am unsure whether the mystery illness was brought on by eating food from the Mico cafeteria, but my suspicion is that it is either constipation or diarrhoea. Whichever way, it is the same substance that is causing the malady.

Doubtless, the police need a substantial increase in their levels of income as all publicly-paid employees do. However, the taking of industrial action in the essential services is something that does not only create disturbance of critical industry but in most cases is extremely hazardous to the national interest. Strictly speaking, the International Labour Organisation's (ILO) definition of essential is very narrow and is more restrictive than that contained in the Jamaican Labour Relations and Industrial Disputes Act (LRIDA).

They are services "whose disruption would endanger the life, health or personal safety of the whole or any part of the community." The ILO explicitly includes the security forces, fire and health personnel in its policy documents, conventions and recommendations.

Our LRIDA has clear guidelines as regards industrial action in the essential services. In summary, it ought not to take place, hence the term 'essential.' Section 9.3 of the act dictates that industrial action in the essential services is unlawful unless the existing dispute was reported to the Ministry of Labour and no action was taken within 10 days to attempt a settlement. The ministry has never failed to act.

Industrial action

The fact that the police might have called in sick and have a number of days before a medical certificate is due, does not prevent their action from being labelled industrial action. Defined by the LRIDA, it is action taken in pursuance of an industrial dispute, with the intention of reducing or preventing production of goods or the provision of services. Falling ill in circumstances which enhance one's position in an existing dispute, is industrial action. Legal precedent for this interpretation can be found in the case of the junior doctors in the 1980s.

While my support for the police is unwavering, my opinion of sick-outs has always been negative because they are cowardly ways of confronting the employer. It is like a game of 'dandy shandy' or '1-2-3 red light.' Industrial action is supposed to be an act of bravery. Workers dare the employer to terminate them. It must be understood that workers who take industrial action breach their contracts and therefore render themselves liable to termination. It is for the employer to call their bluff. Obviously this time it worked in their favour, but it could have backfired or even worse, seriously affected national security.

If the Jamaica Police Federation wanted to show that it meant business it should not have pulled rank- and-file members from traffic and station guard duties alone. Its brave members should not turn up for security details and not offer protective services to the Governor General, Prime Minister, Leader of Opposition and ministers. Even more, to show how serious they are, why not fail to turn up for work when assigned to guard the commissioner? Then we will see who is 'in charge.'

Small vulnerable members

Strikes in the essential services mostly affect the small vulnerable members in society and not the powerful. If public health workers don't work, the middle and upper class can go to private doctors. Gated communities have private and personal security guards and if there is a strike among Jamaica Public Service workers, it will not 'generate' any problems for the economically comfortable for they can afford to 'stand by' and do nothing until it ends.

ILO standards related to essential services are designed to protect the 'national interest' but more so the 'public interest.' Imagine if doctors or nurses strike and that is what prevents your poor mother from getting the medical attention needed to keep her alive. Think of the prisoners languishing in jail, while waiting for trial. Remember, it is usually the poor who can't post bail. With no police personnel to take him to trial or to bring him meals or medication, it could mean that your diabetic son, who was innocently mistakenly arrested because he did not have the papers for your car, could die in the cell.

In fact, the only equaliser in this, despite the rich having sprinklers in their homes, is fire. And this is exactly what the Seaga-led Jamaica Labour Party (JLP)-led government in 1985 did to the JPS and fire brigade workers after their participation in the general strike. It was a JLP government with many of the present senior party members and parliamentarians that dismissed these essential services workers.

So, despite their showing sympathy to the police, there is no reason to believe that it would be different under their watch. Indeed, so constant has been the hand of government that the People's National Party's (PNP) lawyers Rattray Patterson Rattray represented the union and dismissed workers in 1985. Yet, 15 years later, it was a PNP government that terminated correctional officers for doing the same thing.

I endorse none of these developments or action taken against workers. My main point is that it is always the unprotected citizen who suffers when these workers strike.

That essentially is my concern.

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