Dear Editor,
The dispute between GB@GWU and RUSAL was allowed to drag on for over a year and the Ministry of Labour should take some responsibility since the issues fall within the grievance procedure under the Collective Labour Agreement and should be treated as such.
From the inception of this dispute it would appear that there was a clear case of victimization and intimidation by the Company when one set of employees during a spontaneous strike were dismissed in preference to others while some were forced to withdraw their membership from the recognized union.
After allowing this issue to prolong over a year, the Ministry cannot escape the perception that it has abdicated its responsibility as the arbiter in industrial relations disputes by not observing the process of conciliation and ultimately arbitration in keeping with its mandate under the Labour Act.
In the meanwhile another set of employees were dismissed and the failure of the Company to attend a conciliation meeting set by the Ministry no doubt is a reflection of the contempt this Company has for the Ministry.
The Ministry cannot expect employees to resort to the courts which is time consuming and expensive, when the procedure for representation by their union is a sine qua non of the industrial relations system which the Ministry is compelled to uphold by statute. The employer cannot argue that the union is derecognized since it cannot unilaterally do so and for all intents and purposes the GB&GWU is still the bona fide organized union and should be afforded the courtesy of representation.
The Ministry also cannot escape allegations of discriminatory intent given its lethargic response in dealing with this issue, when issues of a similar nature raised by other unions are dispatched with haste.
At arbitration the onus of proof rests with the employer and any outcome in the form of re-instatement or monetary compensation or to the contrary rests with the Arbitrator and not the Minister, so the Ministry would be vindicated whatever the outcome.
So, Cde. Minister, rather than allowing this employer to undermine your respect and credibility why not test the issues at arbitration as you are empowered to do under the Labour Act, and prove the union wrong.
After all, it is normal in terms of reference that any award by the arbitrator is binding on both parties.
Yours faithfully,
D Sookdeo
