Dear Editor,
The members of the Aroaima/Kwakwani Branch of the Guyana Bauxite and General Workers Union (GB&GWU) want an end to the violations and tensions at the sites. It has been several weeks since the Bauxite Company Guyana Inc (BCGI) issued notice to the GB&GWU in the presence of the Ministry of Labour that it had “terminated with immediate effect” the Collective Labour Agreement (CLA) and was moving to have the union “de-recognised.”
The Labour Act Chapter 98:01, “Collective agreement enforceable,” Section 30 (1) expressly states that a CLA is legal and binding between the two parties unless stated otherwise in the Agreement. The BCGI/GB&GWU CLA has no expression to the contrary. This means that neither of the parties can take a decision to terminate the agreement “with immediate effect,” regardless of what either may perceive to be breach(es) by the other.
The Aroaima/Kwakwani workers are understandably concerned about the credibility and intent of any application of “Poll for continued certification” as being applied by BCGI for the following reasons:
* The Trade Union Recognition Act, Chapter 98:07, “Poll for continued certification,” Section 31 speaks specifically of workers making an application to the Trade Union Recognition Board.
* It was BCGI via a letter dated December 1, 2009 which stated its intention to move to de-recognise the union. Subsequently the company had workers sign a petition it prepared which is being submitted to the Trade Union Recognition Board.
BCGI has now stopped the check-off of union dues which was agreed upon between BCGI and the workers under the CLA.
The company has been accusing workers of violating the CLA when they were on strike. It conveniently refers to Article 46 (1) of the CLA which says there will be no strike, lock-out or any form of work stoppage. But it doesn’t mention Article 46 (2) which says in the event of a strike, lockout or any form of work stoppage the parties shall meet urgently and expeditiously to bring the situation back to normalcy. Article 46 (2) in itself is an acceptance by the company and union that there will be strikes, lockouts and other work stoppages, and in the event they occur the company and union will move expeditiously to have the situation returned to normalcy.
Yours faithfully,
Carlton Sinclair
GB&GWU Branch President
Aroaima/Kwakwani Operations
keep up the good work gb&gw.
This is clearly abuse of workers right and evidence of a dictatorial environment
The constitution gives the right to strike. In my understanding that no contract or agreement can enforce terms that are in contravention to the law.
It would be void for illegality.
I am not sure of the facts but the Union needs to explain if indeed there was a clause that the workers were not allowed to strike.
Bisessar like the info on the Constitution bit. Read back Sinclair’s letter thE question is answered.
Can those who resides in the USA say if the USA has stronger protection of workers right.
Rajendra,
What worker rights? I can be canned today and kicked out to the curb to find my way home and ponder how I will pay my bills. Worker rights in the USA are for the powerful and privileged (public and union employees). The rest of us twist in the wind and depend on the charity of our employers.
Just simply do my job to the best of my ability and contribute 10 hours per day for a 7-hour work day. This way I stay in good standing with my boss and remain a valued bozo to the company. Forget to mention that I put in 130% of effort for approximately 70% of the pay for the position I currently hold. But I love it as long as the exchange rate is $200 Guyana to $1 US.
Mariane , you give the impression as though there is no workers rights in your response yet you speak of big unions etc. Is that not the answer. Yes there are unionized workers and there are workers who do not enjoy the safety net of a union. Same as in Guyana.
Bauxite workers are UNIONISED workers and they have rights enshrined in the CLA. They cannot be kicked to the curb like that.
In the usa you can put in 170 % and receive income to support you as the dollar has value and cost of living is affordable. In guyana put in the same 170% and you still do not have a living wage.
DMC4REAL,
Perhaps this would reset your understanding of what I wrote in my earlier blog: In the U.S., just 7.5% of private-sector workers are union members, and about 12% of all workers, including government workers. ** The other 88% of the US workforce are the wind twisters who live with the daily fear of being unemployed at any time.
Please let me know which Guiana/Guyana you are talking about where workers put in 170% of required effort. I know the Linden Bauxite workers very well and witnessed their productivity and dedication to their jobs after the nationalization of Demba. We “Guyanese” in the US and Canada buy the crap of abject poverty from our friends and relatives but yet when we visit them, we can see how well they live, dress, and eat. The game is simply our relatives and friends in Guyana keep crying about hardships and disasters in Guyana while they live on the dole that we send them. Did you ever ask yourself how those without relatives in foreign countries live and progress? You do not get it. They want to live like you but are not willing to pay the price and do the work to live like you.
I have many relatives in Guyana who are farmers and tradesmen who live very well, well enough to vacation in the USA annually. They do it on their own and legally. It is hard work but that is what they are qualified to do.
Marrianne,
Sourced from the US bureau of Labour stats 2009 report. “
Membership by Industry and Occupation
The union membership rate for public sector workers (36.8 percent) was substantially higher than
the rate for private industry workers (7.6 percent). Within the public sector, local government workers
had the highest union membership rate, 42.2 percent. This group includes many workers in several
heavily unionized occupations, such as teachers, police officers, and fire fighters. Private sector
industries with high unionization rates include transportation and utilities (22.2 percent), telecommunications
(19.3 percent), and construction (15.6 percent). In 2008, unionization rates were relatively
low in financial activities (1.8 percent) and professional and business services (2.1 percent).”
Further , “Among states, New York had the highest union membership rate (24.9 percent) and North
Carolina had the lowest rate (3.5 percent).”
Points to note
1) UNION membership is usually not compulsory but a matter of free choice so whereas a work place may be unionized an employee may not be a member. Hence these figures must be understood in that context. In a unionized work environment workers who are not members benefit from the gains of the unions and contribute by way of agency shop. Further it is the gains of unionised workers which impact the labour and industrial relations environment.
2) Unfortunately we may not have the Guyanese union figures so readily available but basically the same obtains in that there is a choice of whether or not to join a union . In Guyana like in the USA many private sector jobs are also not unionized. This is nothing strange in labour environments. However what is important is that within the environment of a union, LAWS AND AGREEMENTS ( CLAs ) MUST BE FOLLOWED AND HONOURED. ( caps for emphasis only) This is the issue with the GB&GWU and BCGI. It is simply a matter of respect for the Guyana labour laws and operating within said frame work which is legally binding. In the US there are strong labour laws and respect for the law of the land which offers protection to workers but yet give the employer leverage to dismiss etc even though this can be challenged if there is discrimination and be very costly to the employer. In Guyana it is not that easy to even get a fair trial. Why the Ministry of labour is ignoring BCGI violations to the Guyana laws. This is a mockery.
3) 170% reference is hypothetical both for the USA and by extention GUYANA. I thought that was very clear . You may have missed that . Hence the argument on this is not necessary .
4) Though I understand what you are getting at in reference to the behaviour of some Guyanese, I will not comment on this at this time as this is not germaine to the discourse on UNIONS, COLLECTIVE LABOUR AGREEMENTS AND RESPECT FOR THE LAWS OF GUYANA.
5) Neither will I comment on your farming family who travel to the states so easily based on honest income. I do not know them and have no difficulty with what you say. what I do know is that the US sees no one regardless of how innocent or hardworking they appear to be above suspicion of illegality/crimes etc. That naievity is perhaps more Guyanese in nature and without proper revenue accountability a lot of things happen in Guyana.
Unlike what Bissessar opines the issue at hand is not about accepting criticism about the USA it is about being honest in our discourse and applying reasoning to our arguments regarding the acceptance that there a re laws which protect unionsed workers whether in Guyana or the USA
DMC4REAL,
Just simply tell us what percentage of the US workforce is unionized as of 01/01/2010 and who protects the rights of those workers who are not members of a union. Many of us live in our 1st world paradises and extend our assumptions and expectations to 3rd world swamps. It is indeed about an honest conversation on our country of birth and the issues faced by its people. You and I do have a difference of opinion on what constitutes honesty in the context of Guyana.
Marianne,
I agree, “You and I do have a difference of opinion on what constitutes honesty in the context of Guyana.” mabe even generally.
I would love to forward figures as of 1/1/10 for you if they are made available on the internet 7 days after the Newyear. Maybe you can use your keyboard to access them when they are available . post in forum when you do.
NOW what’s really the point here of our argument…..That the Guyana swamp should remain a swamp for festering parasites and those who will keep the minds of the people swamped by dull and ignorant arguments as to what we can do as a people to improve our lot starting with simple things like recognition of rights?
People like you and me enjoy the “paradise” that many before us fought and give their lives for. Now unfortunately we want to deny our country men and women the right to advance their causes and some who are exposed to the “paradises” are selfish to think that aspirations and comparisons of human rights conditions in our beloved country are not only wrong but undeserving. Must we compare our selves to countries that are worse than we are to show how good we are , or should we look towards basic universal standards set as guidlines? Which would you do to improve the lot of your people marianne?
We attack those who desire advancement of human rights and basic decencies like respect for the laws of the land as though these are values associated only with USA or being a super power. Drink some coffee and wake up Marianne. Check out the smaller Caribbean countries and see what Guyana is missing. Maybe if you follow up on the Barbados /Guyanese immigrant issues you would appreciate the very basics of why we need to improve on the things that we do not need foreign exchange to buy …. good governance, respect for each ethnic group , rights , Justice , laws etc. EACH GUYANESE DESERVEs THIS AND NOTHING LESS. I would like TO SHARE A PART OF OUR PARADISE WITH THEM and I would be darned if I do not try to make a difference to our people in the 3rd world swamp. I invite you to join me so that we can do it together for everyone. It starts with honesty about where we are and what we can achieve with simple recognition that we are equal and can do better.
DMC4REAL
It is easy and painless for you to participate in Guyana’s affairs with your foreign-based blogs and malarkey. But when we talk about a strike in Guyana, the lives and futures of the Guyanese people are involved. We should support measure that are in the best interest of all the people involved and not just the feather-bedders and parasites.
It is indeed ironic that so many of us who ran away to foregn countries see ourselves as the one-eyed men in the country of blind men (Guyana). We girded up our loins and escaped and now delude ourselves that we know what is best of for the people of Guyana.
Good luck countryman.
Miranne the malarkey you write. Bauxite workers taking a stand for their rights and respect for the rule of law and you calling them parasites and feather-bedders. Bauxite workers aren’t living off of anyone go and check and who pay the largest PAYE-public servants. You know who are the parasites and feather-bedders in society and they are not bauxite workers…
The letter in in reference to Marianne
Workers have the right to strike how GAWU striking without informing GUYSUCO?
This relates to the collective labour agreement. The unions cannot call a strike in Gawu unless they follow the stages listed in the CLA. However because sugar have a large number of piece rate workers strikes takes place on a daily basis as the workers would refuse to work if the money offered for the particular job was insufficient in their opinion.
gawu could also get the workers to strike and come in after wards and so bypass the CLA legally.
Gawu’s organisation is very different. There is a lot of decentralisation and there are cadres that have gone through a lot of training as Gawu since booker times has its own training school.
Time this matter come to a close. The ministry needs to get off its laurel and act for heaven’s sake
sure they have the right to strike. but do they have the right to strike so often?
Get a life. We know.There wil be strikes wherever there are unions calling for strikes.
De Intellect
I have been advised that there is the right to associate with the implied right to strike. But more reserrch needs to be done.
Why would a Union agree to the clause even if they can argue today that there is a contradiction with regards to another clause that discussed this.
My question is why did the union not choose the option that gave them 10 percent with a reduced shift from 12 to eight rather than opting for the retrenchment of 75 persons and maintaining the 12 hours shift. They would have had 75 workers more paying union dues.
As christmas is approaching they could have also worked on the employers to possible pay the tax for them on the bonus or at least try to negotiate some tax break.
It seems that they did sign a letter to the effect. Now it seems the workers are pretty upset.
Marianne Kingston
I am fully aware of this but I stitched it in as some Guyanese overseas on this blog would not accept any criticism of the model capitalist country where there is so much democracy.
Rajendra Bisessar,
Are you likening those to people like you who cannot accept any criticism of the Guyana government/PPP? Who bury their heads in the sand and lack reasoning? Your ploy was seen a mile off as it is the usual time worn PPP supporter style . Why do you think you needed inform of what you were doing? Before we look at the Guyanese who fly the US flag let us look within at folks like you flying the Guyana flag who bury your heads in the ppp bossom and suckle the milk of dishonest reasoning and vicious propaganda ignoring the corruption, crime, negligence and incompetence that we see in our country today. Don’t lets talk about the USA to shift the focus lets talk about the land of our birth . Lets talk about GUYANA AND THE FAILURE OF THE LAWS TO REPRESENT THE POOR AND POWERLESS!
Mr. rajendra Bisessar,
By now you must have realized that the primary and express purpose of most of the foreign bloggers on this site is “Guyana Regime Change.” I am a pragmatist and have no problem being a non-union worker. “At Will” employment is fine with me. They have the right to fire me whenever they want and I have the right to quit whenever I want. I get a day’s pay for a day’s work.
Unionization has essentially been rejected by the American/Capitalist work force. Unions more often than not work in the self preservation and feather bedding mode. The classic case that comes to mind in the US is Eastern Airlines vs the Union. Everyone lost. Then there was the US Air Traffic Controllers union strike when Ronald Reagan fired everyone who went out during the strike. My feeling is that the GB&GWU have the right to strike and do as they see fit. They should also remember that the world is a much larger place these days and the bauxite company can simply shut down shop, move elsewhere, and put the Lindeners out of work. In my opinion, negotiation, negotiation, arbitration, arbitration, compromise, and compromise are better options in the current economic climate.
Marianne,
Here you are referencing the first world paradise treatment of isolated union cases to support the disregard for the LAWS OF GUYANA by BCGI yet it was you in previous blog stating “Many of us live in our 1st world paradises and extend our assumptions and expectations to 3rd world swamps. It is indeed about an honest conversation on our country of birth and the issues faced by its people.”
YOU SEE YOU ARE COMFORTABLE COMPARING THE IST WORLD PARADISE WHEN IT SUITS YOUR NEEDS.
You sound so desperately pathetic pouring your heart out to convince/educate Mr. rajendra Bisessar. Hope he finds your efforts rewarding and reflect on the times prior to 1992 as this way he would appreciate that your pathethic appeals are worthless since nothing has changed other than perhaps the faces of the overseas ones who now scream for change. I dare say that I know your face, or at least I know the face behind the proverbial cage Martin Carter speaks off.
Further what is wrong with a desire for regime change….the ist world paradise where you sit and speak from, on the back, blood and history of people who struggled to make life comfortable so that people like you can be treated equal look for regime change every election and yes they work for it from the end of the previous election. Would you deny people the simple right to desire change of an oppressive elected dictatorship? IS the desire for CHANGE NOT A PART OF DEMOCRATIC WILL???You need to get a grip! Stop living in a fools paradise and recognize that the opinion you share regarding “negotiation, negotiation, arbitration, arbitration, compromise, and compromise” are only achievable in an environment where there is respect for the LAWS and RIGHTS of every citizen. The government of Guyana is facilitating the breaching of the laws of Guyana. Did Regan do similar? Can the US president violate the constitution and laws of the USA and not be held accountable?
Tut! Tut!Marianne, you are missing and confusing your arguments ( hmmph, discussion with you is becoming a bit tedious) .
DMC,
DMC,
Talk is cheap. Hot air is useless in Guyana. Conserve your heat. You have very cold days ahead. All your platitudes, monologues, and soliloquies will not put food in the bellies of the Guyanese people. Let them strike and force the company to close down. Then you can send some US$ to feed them while you save the hot air to warm your soul during the winters.
i hope Marianne did not miss my blog on the other page. I am so sorry for the mistake and would be disspaoointed if she feels ignored. As silly as I consider her comments to be because of the inconsistencies. These are dangerous thoughts that have to be addressed . So hopefully Marianne read me.