security practices and industrial relations labour

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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
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