– trade union board
Despite indicating its intention to have the Guyana Bauxite and General Workers Union (GB&GWU) derecognized, the Bauxite Company of Guyana Inc (BCGI) is yet to make a formal application to the Trade Union Recognition and Certification Board.
Chief Labour Officer Yoganand Persaud, who serves as Secretary to that Board, made this disclosure to Stabroek News on Tuesday.
Last week, General Manager of the BCGI Sergey Kostyuk, in a letter to President of the GB&GWU Charles Sampson indicated the company’s termination of the Collective Labour Agreement and disclosed its intention to move to have the union “derecognised.” The company handed over the letter to the union representatives last Tuesday just as the two entities were about to meet Persaud to negotiate ending the industrial dispute.
The ongoing dispute between the BCGI and the union has resulted in workers engaging in industrial action. Some of these workers are still on strike, this newspaper understands.
Some of the striking workers have resumed work at BCGI and operations at the company’s plant have reportedly restarted. Reports are that before the workers could resume work they had to indicate by way of signing a document that they were dissatisfied with the union representing them.
While the law allows for the employer to apply for a variation of the bargaining unit and record of certification, or recognition, this can only be done with the support of the workers. Senior officials of the GB&GWU have, however, argued that the attempts to have them derecognized are illegal.
According to Section 30 (4) 3 (c) of the Trade Union Recognition Act, “The Board shall not entertain an application under this subsection unless it is satisfied that not less than fifty percent of the workers comprised in the bargaining unit have signified in writing their concurrence in the application.”
Section 31 of the Act states that “on an application made by a minimum of forty percent of workers in a bargaining unit for which a union is certified the Board shall cause a poll to be taken to determine whether the union shall continue to be certified.”
The two entities are scheduled to meet the Chief Labour Officer next Tuesday. Persaud told this newspaper that he hopes this meeting would bring an end to the ongoing impasse between the company and the workers.
A senior official at the Labour Ministry opined that the actions by the company suggest that it was being badly advised.
The official opined that the company was heading down the wrong path and that it would be best if it changed its approach or else both the company and the workers would suffer.
Meantime, the union issued a statement saying that it had attempted to meet Kostyuk and warning against any illegal attempts to derecognize it. It said it had hand delivered a letter to Kostyuk on December 8 setting out its positions but had not been favoured with a reply.
The union statement said: “GB&GWU wants to make it very clear that the Laws of Guyana are paramount and this union will not accept BCGI violating the laws to serve any discriminatory agenda.
Under the Laws of Guyana, the Trade Union Recognition and Certification Act (Cap 98:07) Section 23. (1) says, an employer cannot de-recognise a Trade Union who under the said Law is recognised and certified by the Trade Union Recognition and Certification Board (TURB). In accordance with Chapter 98:07 the GB&GWU received its’ Certification of Recognition for BCGI’s employees from the TURB and has a valid Collective Labour Agreement entered into between the Parties on 4th April, 2008. Further, in accordance with Chapter 98:07, Section 26. (1) “No employee shall be dismissed, or have his employment adversely affected” for being a member or officer of a union.”
The union said it is deliberating on the way forward and remains resolute as it continues the struggle for workers’ rights.
