SECURITY PRACTICES AND INDUSTRIAL RELATIONSLABOUR DISPUTE AND THE ROLES OF SECURITY-(Bank of Ghana) By BONSOH, KWABENA DAVID DATA & CRIME ECOLOGICAL ANALYST +233266301900 +233543946466 debons300@yahoo.com Objectives To ascertain the link between Industrial Relations and Labour Disputes Analyse security risks that may be involved in labour-dispute Propose logical strategies to prevent threat and crime (i.e. respond to them, protect life and property) Official Reference: Labour Act 651 of 2003 (Ghana) Criminal Code Act 29 of 1960 Overview Strikes are recognised as an unavoidable product of conflict of interest between management, or government and unions. They are mostly attributed to mistakes, hatred, political opportunism, weak management, militant unions, poor institutional arrangement and so on, (Fudenberg et al., 1985 & Blanchflower and Cubbin,1986). Major U.S. Strikes Industrial Relations & Labour Disputes The continued awareness of both the labour and management sectors concerning labour disputes has therefore called for a pursuance to attain working knowledge on the roles of security in labour dispute (specifically Bank of Ghana). The Constitution of Ghana (Labour Act 651, 2003) and company policies have provisions to deal with industrial disputes. This Act applies to all workers and all employers except the Armed Forces, the Police Service, the Prison Service and the Security and Intelligence Agencies specified under the Security and Intelligence Agencies Act 1996 (Act 526). Cont. Industrial Relation: is the art of living together for purposes of production Industrial Dispute: Disagreement between organized workers and the employer(s) regarding the administration of workers' working conditions, wages, hours of work, etc, in the workplace Cont. There are laid-down procedures for dealing with industrial dispute, strikes and lockouts as well as procedures for dealing with Essential Services. Failure to follow the procedures renders a strike or an illegal strike. Essential Services Provider (ESP)- (Bank of Ghana) Essential Services (ES)- (the security of the Bank) ES workers are charged to settle all Industrial Dispute within 3 days; and failure to come to a settlement, the dispute must be referred to the Labour Commissioner for compulsory arbitration within (another) 3 days, upon receiving the referral (Labour Act 651of 2003 (Ghana)) RELATED TERMINOLOGIES IN LABOUR DISPUTES Agreement: Bargain reached on issues by unionized labours’ and their employer(s) through collective negotiating (between organized workers and the employer(s) regarding the workers' working conditions, wages, hours of work) Lockout: Padlocking of workplace and suspension of work by the employer refusing the workers entry into the premises of the workplace Picketing: Protests, demonstrations and complaints organized outside Strike: Action(s) of withholding the workplace by workers on strike services by worker(s) as a means of (not less than ten meters away from protest to make the employer the work place) adhere to the terms of the Collective Picketing is unlawful (when Agreements. conducted at a place less than ten meters away from the workplace) Types of Industrial Disputes Industrial disputes Strikes Walkout Lock-outs Sit-down Tool-down Whipsaw Slowdown Economic Wildcat Sympathy ROLES AND ACTIONS OF SECURITY IN LABOUR DISPUTE The duties of the corporate security and the corporate officials are to critically analyze Industrial Relations, identify labour dispute, security risks that may be involved in labour dispute, and how to make plans to prevent threats, to respond to them, and to protect life and property DOs actions must be gentle respect for participants must apply the appropriate force for prevention of threat and crime; protection of lives & properties DON’Ts not be involved in the mechanics of the dispute actions must be totally impartial (ill-will) Prior Intelligence Gathering The security must provide managements (Bank of Ghana) with information about the pending action (strike) prior to its occurrence concerning: The cause and nature of the dispute Key leaders (by name and position) The number and categories of workers involved The starting and ending day planned (likely duration) Whether violence is anticipated Any positive counter-actors opposed to the action ** Sources of Information Prior Labour Dispute/Strike Information from Union Leader or from the secretary of the Union Informants including Security personnel who attended meetings Workers' reaction to management intentions, decisions and policies Observing negative activities, agitations, informal large grouping and gathering NOTE: When strike is anticipated, ALL security officials must report for duty and come early for duty; and security officers getting off duty should remain until the situation is stabilized. Security Actions During Strikes i. Inform your superiors (Security personnel), the Bank Official in charge of Security matters and the Police, the Fire Service and the Ambulance Service ii. Secure all gates and doors, windows and draw curtains iii. Deploy and position patrols around and within the perimeter iv. Check fire fighting equipment in readiness for flammable objects and fire touches being thrown into the inner perimeter v. Take photographs of criminal scenes from secure areas vi. Temporary ID cards for loyalists may become necessary SECURITY APPARATUSES IN THE BANK i. First Aid kit (tools) and Security personnel should be trained to administer First Aid ii. Phone and contact number of Police, Fire Service and Ambulance Service should be displayed in the offices iii. Radio system communication (Walkie-Talkie) iv. Camera for photo evidence v. Flash lights vi. Close Circuit Television (a scanning CCTV) SECURITY AND CROWD MANAGEMENT Casual Crowd- a group of people showing no group behavior but merely of contact. Psychological Crowd- an assemblage of people who have common intent or respond emotionally to the same stimuli A. Security officials must not totally interfere with the holding of a strike. However to adequately ensure safety, the security officers may be detailed and stationed within and around 100 meters of the area. Cont. B. Members of the law enforcement contingent must not carry any kind of firearms but may be equipped with baton or riot sticks, shields, crash helmets with visor, gas masks, boots or ankle high shoes with shin guards. C. Tear gas, smoke grenades, water cannons, or any similar antiriot device must not be used unless violence or serious threats of violence, or deliberate destruction of property. SECURITY RULES AND TYPES OF FORMATION FOR CROWD MANAGEMENT Should always be in unit Officers must always be at the rear (hindmost/back) No members of the crowd must allowed into the rear Contact must be avoided Retreat should always be made in formation (men facing toward the crowd) Changes in formation should always be done in quick manner. Should converge on the spot and subdue the rioters. Stand By Formation Single Line Formation Double Line Formation Wedge Formation U Formation Arrow Formation Closed Formation Push Formation Cover Formation PROVISIONS FROM THE CRIMINAL CODE THAT MAY BE APPLIED TO CRIMINAL ACTS Although peaceful strikes are protected by law as democratic expression and protest, industrial dispute may be accompanied by violence; and crimes associated with strike, or lockout are illegal. Section(s) 23 - Conspiracy: The agreement by TWO or more persons with a common purpose to commit a crime. 201 & 202 - Unlawful Assembly: The gathering by THREE or more persons with the common agreement and purpose to breach the, peace or likely to provoke other people. Cont. 196 -200 - Riot: Action by FIVE or more persons together in public or private place who begin or attempt to do or use violence to carryout an action(a) (b) to resist or obstruct the execution of legal process or authority (c) or to facilitate by force or by show of force or force of numbers, for a common purpose Cont. 187 (1) - Mutiny: (an open rebellion against the proper authorities, especially by soldiers against their officers) The charge of mutiny is related only to personnel subject to military law; but civilians may be charged under this Criminal code Section 187 for abetting mutiny 22 - Duty to prevent Crime and Felony (crime involving violence) 22 – Ignorance is acceptable only if there is NO law (rules, regulations, policies) portraying the act as criminal 36 - Justifiable use of force in arrest, detention or recapture of any person, according to law Cont. 39 - Use of force for defence of property or possession or overcoming obstruction of legal right 45 - Justification of person aiding another in 'use of justifiable force. 69 - Causing harm. 89 – Kidnapping (abduct and hold captive to obtain a ransom/deal) 124-127 - Stealing (Appropriating lost item amounts to stealing). 164 - Forgery and counterfeiting. 172-175 - Causing unlawful damage Cont. 174: Illustration: Causing fire(arson) 179 A (3a) - Willfully causing financial loss to the state 179 A (3b) - Endangering the security of the state 205 – Assault on public officer 239-245 – Corruption and bribery (willing to act dishonestly in return for money or personal gain) (dishonestly persuade (someone) to act in one’s favour by a payment or other inducement) 296-297 – Throwing rubbish on the street 296 (3-4) – Defacing posters and notices; or affixing illegal posters 298 - Disturbing public peace CONCLUSION It is essential for Bank of Ghana to have the right level of security coupled with tools to ensure its freedom from threat of danger, damage or crime in case of labour dispute. In furtherance, due to frequent technological advancements and increasing labour disputes; it is appropriate for the Bank to upgrade its security for easy handling of complex labour disputes. THANK YOU JESUS LOVES YOU