–workers face stiffer fines if process not followed
Following lengthy debate and polling of MPs, a bill which disallows strike action without “due procedure” for a large portion of the workforce, was passed in the National Assembly yesterday.
Basil Williams
It was voted for by 31 government MPs and against by 20 opposition members, after a division was called for by PNCR front bencher Lance Carberry who along with colleagues insisted that the people see how everyone voted for a piece of legislation which , “is another salvo against the hapless worker and trades union in Guyana.”
PNCR MP Basil Williams led the opposition in the debate, noting that not only did the bill widen the list of essential services to now include Air Traffic Controllers, but it also deepened it to affect a larger number of workers. He argued that the government should have brought an independent essential services bill to Parliament instead of seeking to amend the 1956 Public Utility Undertakings and Public Health Services Arbitration Act.
Air Traffic Controllers who were under the spotlight earlier this year after they planned and executed strike action which effectively closed the airport at night, have been placed under ‘essential services’. Once President Bharrat Jagdeo assents to the bill, strike action by any of the listed essential services could only occur after due procedure. This will see a tribunal being set up with members primarily appointed by the minister of labour and discussions held with all parties involved; only after due consideration can any strike action then occur.
The bill lists essential services as:
*any dockage, wharfage, discharging, loading or unloading of vessels or related service;
*any direct or indirect production, storage, distribution, sale, delivery or supply of potable water;
*any direct or indirect generation, transmission, sale or supply of electricity; *any service essential to the continued provision of telecommunications; any health care or related service operated by: (i) the Georgetown Public Hospital Board, (ii) any other public corporation established under the Public Corporations Act 1988, (iii) a public hospital, (iv) the government, (v) a local authority;
● any air traffic control service,
● any service provided by the Transport and Harbours Department or the Maritime Authority;
● any service related to drainage and irrigation;
● any cemetery, scavenging or solid waste services of a municipality;
● the marketing and distribution services of all petroleum and allied products.
In strong opposition to the bill’s proposals Williams insisted that the government was trying its utmost to control the labour force and dictate their actions. Coming against the backdrop of a global recession as well as a split trade union movement, he said, the bill sought to further divide it.
“This bill purports to parachute a modern trend into a pre-colonial act… instead they should bring an independent act with modern machinery,” Williams insisted. He said he felt the intention was to establish a stranglehold over trade unions and workers.
“How could we agree to this when the people are already receiving starvation wages and now if they strike they have to pay these large fines from the money they get?” he asked.
Williams also told the National Assembly that the bill was nothing but repressive and illiberal and added that the Chief Labour Officer should be the one to oversee the process of deciding whether industrial action is needed and not the minister.
He said the bill sought to criminalise workers who already have to contend with the Value Added Tax system and being paid under the inflation rate.
“They are now massa and so they want to use the big wig,” was the sentiment of Guyana Action Party (GAP), Rise organize and Rebuild (ROAR) MP Everall Franklyn.
He said he felt the PPP had a tradition in respect of fighting for the rights of workers but was now using The United Force (TUF) representative – a reference to Minister of Labour Manzoor Nadir – to bring legislation to control the people they once represented.
“But what is also essential is that this government [should] manage… [to improve] conditions so workers would have less need to strike,” he emphasized.
He said it was sad that the party was also now seeking to pass this legislation on the heels of the passing of one of its leaders who was pivotal in great struggles for workers’ rights.
He proposed that sugar workers also come under essential services since sugar was the largest industry as it pays for much of the other services.
Alliance For Change MP Khemraj Ramjattan pointed out that strike action was the weapon which workers have in their arsenal, a right which must continue.
“We recognize that government has a duty but we must not utilize the weapon of a 1956 era to ensure that workers’ rights are taken away,” he stressed. He too said he felt that the intention of the bill was uncharacteristic of a party which struggled for workers’ rights adding that labour relations involved consensus and compromise.
He said it was unfair for the government to use the public interest argument to support its stance, adding that in modern times like these, there was need for a better approach. “The dignity that a Guyanese citizen has is like the right to strike to workers,” he added.
Labour Minister Nadir, Transport Minister Robeson Benn and MP Norman Whittaker argued that the bill still allowed strike action but there must be procedure. They all maintained that the bill came against the background of continued support for the working class.
Nadir admitted it was not a simple bill, but added that the necessary changes had to be made to reflect today’s reality in terms of the services listed.
Benn accused the opposition of politicking and pointed out that even if an independent essential services legislation had been taken before the house the opposition would still have opposed it.
After presentations by Williams and Nadir which went on for close to an hour, Speaker of the National Assembly Ralph Ramkarran deemed 50% of the contributions as having nothing to do with the bill.
None of the 20 opposition members present at yesterday’s sitting were in favour of the bill, but were outvoted by the government’s 31 members present.
The Public Utility Undertakings and Public Health Services Arbitration (Amendment) Bill 2009, seeks to amend the long title of the Principal Act so as to make it clear that the scope of the Act relates to settlement of disputes and prohibition of strikes and lock-outs in essential services.
It also seeks to amend Section 19 of the Principal Act “so as to enhance the fine specified in that section (for a lockout or fine contrary to the Act) to an amount more appropriate to the present and also to provide for the punishment of continuing offences”. Another clause in the Bill seeks to repeal and re-enact the Schedule to the Principal Act with a new Schedule to comply with the International Labour Organisation’s definition of ‘essential services’.
The Bill was tabled in the National Assembly by Minister of Labour Nadir on April 23.
The amendment to Section 19 of the Principal Act states that “every person who contravenes or fails to comply with section 12 commits an offence and is liable on summary conviction to (a) a fine not exceeding thirty thousand dollars and (b) if the offence is a continuing one, a further fine not exceeding one thousand dollars for every day or part of a day during which the offence continues”.
this is exactly what had to be done.
they strike they look for another job and jail time.
What amazes me about you is that you are living in the USA.
That’s right, kill the unions, strip away their rights. They should be just happy they got a job, who the hell they think they are asking for more money or benefits?What they think this is, democracy?
ITS AMAZING THAT YOU PEOPLE COULD SIT ON YOYR HIGH HORSES IN AMERICA AND HAVE THE NERVE TO BLOG… THIS SORT OF NONSENSE.
you remember the transit strike that crippled ny several years ago, the workers defied the taylor laws, when the mass get tired of the nonsense no laws won’t hold them back.
colin2nice,
You’d be the only one blogging on this issue. And yes, your observation was spot on.
This story is not balanced. Opposition members talking opppsoition talk (what else are they to do ?) are giving most of the space at upfront. Nadir isn’t even quoted and given a couple lines. Poor journalism. SN, get real.
As for the opposition’s talk, including the seemingly bligatory race talk these days (Williams’ schoolboyish reference to Massa) they of course forget to mention that most more idustrial countries abroad like Canada have this type of legislation.The basis for it is to protect the overall society from small self seeking minority interests egged on by opportunist, self serving union leaders.
When are returning to Guyana to live under this government
REDDY IN BARBADOS?
one step closer to communism….we wont allow it though.
Remember Ronald Reagan in 1981? He got congress to pass a law making any strike action by federal employees illegal. This was done during a strike by air traffic controllers and the law was primarily aimed at curtailing that strike and any such future action by this group. Reagan subsequently issued a 48 hours back to work ultimatum to the striking air traffic controllers and when they failed to report for work after the ultimatum had expired he fired over eleven thousand and banned them for life from being employed by the federal government(He sometime later reversed that decision).
jb one simple question, what did Regan did.
now what is communism.
Mr. Fazman ! Are you aware of the air traffic that is over continental USA on any given minute ? Yes, the 48 contiguous states. Do the research.
This Bill must be seen for what it really is, an attack on those labour groups considered to be non supporters of the government. It is also a frontal attack on and further marginalization of mainly Afro-Guyanese workers who comprise the essential services category. This is a wake up call to the labour movement including those enjoying the luxury of exclusion for the moment. Do not rejoice as your turn may just be around the corner. Their arsenal includes every act and method of humiliation known to the evil diabolical mind of mankind. These practitioners of the absurd grin from ear to ear like hungry wicked hyenas as they implement their payback.
The labour movement cannot rely on the opposition forces to stop this vindictive government and must call on international organizations such as the ILO for assistance and moral support. Labour organization in the neighbouring Caribbean should refuse to handle Guyanese goods to show solidarity. Sacrifices will have to be made to defeat and reverse the onerous provisions of this Bill. Sadly the report does not state the penalties for contravening this statute. I am certain they will be draconian in nature.
Why have the workers in the sugar industry been excluded? Is this a reward for their steadfast and undying support? Some method must be found to force the unions representing sugar workers to take a stance on this legislation. If they support this legislation they will be seen as being inimical to the interest of those affected by it. They therefore should not be surprised when the persecuted react to their torment and tormentors. Actions that harm have consequences.
As incorrect as one can get. What is written here does not seem to even benefit anyone’s own views, as your weakness appears to be primarily aimed at scapegoating.The imaginary or non existant type.The contribution reads like a fantastic tale of superstition and disconnection from the real world.Where we in Guyana must focus on what can be added, and not what can be pulled down.In effect, a destructive intent.The unions have made Guyana a full fledged joke.Basically sellouts before 1992.After 1992,it was naturally a disruptive practice to strike with the full participation of the unproductive disenchanted lolling on the sidelines.Waiting for handouts as usual.However, this bill will address the need for a major blow to this kind of ingrained nonsense tolerated by certain people in this country.It eliminates the free pass that was considered auomatic before 1992.In effect, it resolves at a stroke the dependency problem created, kept alive, and backed by those opposed to any progress in Guyana.Get real.There was prancing about ‘change is coming.’ Well,it is here.In a way you would no expect.I am trying to find the right words to console you for your self imposed discomfort.It is,’ get with the programme.’
OVERKILL!!!
The Jagdeo Adminstration must be careful how they bully the Guyanese People.
The people would work if you make the services if establish a comfortable and secure working environment for them. When this bill was consider did the Jagdeo look at the fare that Guyanese go to work.
Let me start with Ms. van Beek, shot on her way to work in the city of Georgetown. Ex-Police Officer and now GPL Security boss kill in the line of duty. Female nurse rape while on duty in hospital. Airport staff on strik all due to poor working conditions and pay. Young woman with EPA shot in front of her home just to mention a few.
Is Guyana a safe for any work force or any one working in Guyana. Corruption breads crime, and crime brings distruction to a society. After seventeen years the PPP need to at the way they manage Guyana.
Remember this Jagedo the People of Guyana are first not some of the People of Guyana. I hope with opening of the Guyana Brazil border the Government can now hire Brazilairs to the do the jobs as Guyanese continue to leave Guyana
All the sectors should go on strike today against the assent of this bill.
DAMN GOOD IDEA!!!!!!!!!
This opposition is only there to take cheap shots at progress, and gaining political milage.
what progress u talkin of the P-eople P-lentiful P-rogressing C-urruption. oooh the COKE AND CRIME PROGRESS I KNOW HOW U FEEL
REDDY IN BARBADOS your reference about being “school boyish” is correct in everyway as it fits you perfectly – for blaming the Opposition who represents the people of Guyana and SN for “poor journalism”. The truth is, you’re the one that has poor judgment and impartial decision regarding this matter; as we all know that you’re a PPP advocate. I do hope, however that you have your papers ready for the Government of Barbados.
Was this called for – cussing each other out over their political affilition and suggesting that the individual in Barbados is there illegally. Well I guess it’s the Guyanese way of doing things – Rum shop cuss outs .I think people should bring more civility to this forum and should try to educated each other based on facts and not raw emotionalism.
I ask is the “moderator” doing his job as it is my opinion that some comments that have been posted on this site should not have been allowed as it flying in the face of the “rules” governing the use of this facility.
Fazman i would like to agree with u,but i like it when Reddy talk trash and some people cuss him out. LOL.
Fazman please understand the freedom that you enjoy isthe the same freedom SN gives to the others out their.
You have no authority over the paper to dictate to them what is right and what is wrong. Leave the paper to do its work.
LOL
Yarrow all I’m saying is that they are rules set down by SN for using this forum and people should follow them. As for rights and freedoms they are have responsibilities that go with them and in this case it means following the rules .We talk about lawlessness in Guyana and here you are encouraging people to break the rules.
fazman if it was an attack on another person, trust me sn would’ve edited it or delete it, so that shows it wasn’t offensive.
^^^You two have no shame. I’m sure I’m not the only one who’s noticed you spouting your sycophantic drivel on here, always in support of Guyana’s discredited “government” (and the opposition leaves a lot to be desired as well, by the way.)
Long live the Labour movement (not the neo-fascist british government… I mean the labour movement, “the folks who brought you the weekend”).
Betrayal of workers by the PPP government.The PPP was founded as a workers party.This is a dictatorship. Burnhamism all over again.
Democracy does not mean free for all, and attend work for work sake, do not want to produce , demand more pay and when not met you take to the streets as you like and destroy people’s property … A line must be drawn…