Dear Editor,
The foundation of a trade union to represent workers in any undertaking is recognition by the employer. Employers and workers were at liberty to agree on terms of employment, which were included in individual contracts of employment. Where the workers of an employer organized themselves into a trade union, such trade union could made a claim for recognition from that employer.
In the Trade Union Recognition Act No 33 of 1997 section (20), it is stated:
“(1) where only one union has applied under section 18, the Board shall carry out a membership survey to determine the extent of support which the union enjoys on the date of the application among the workers comprised in the appropriate bargaining unit;
“(2) where it appears to the Board from the results of the survey that the union is supported on the date of application by at least forty per cent of the workers comprised in the appropriate bargaining unit, the Board shall certify the union as the recognized majority union for that unit;
“(3) In carrying out any membership survey under this Act the Board shall satisfy itself, by whatever means it deems appropriate, as to the authenticity of any documents submitted.”
The new system sought to redress the problem of recognition. There is now a Trade Union Recognition Board whose duty it is to ensure that a trade union with more than forty per cent of the workers comprise an appropriate bargaining unit as members in good standing, and is certified as a recognized majority union for that bargaining unit. Where a trade union is duly certified as the recognized majority union for workers in a bargaining unit, the employer must recognize that trade union as the recognized majority union and the employer shall, subject to the Trade Union Recognition Act, treat and enter into negotiations in good faith with it for the purposes of collective bargaining.
A recognized majority union or an employer who fails to comply with the provisions of subsection (1) shall be guilty of an offence and liable on summary conviction to a fine of twenty-eight thousand dollars and, in addition, to a fine of five hundred dollars for every day the breach continues until the employer has complied with the provisions.
Some of the most contentious areas of industrial relations relate to matters such as the recognition procedure for gaining bargaining unit rights, which has been criticised by trade unionists like me.
In Guyana where there are legal requirements for recognition there have been serious complaints by trade unions about long delays in the recognition process. These have caused a great number of claims for recognition, which has weakened the trade union movement.
Yours faithfully,
Sherwood Clarke
