-GAWU awaits start of arbitration
Strike action by the sugar workers represented by the Guyana Agricultural and General Workers Union (GAWU) continued yesterday even as both the union and the sugar corporation await the start of the arbitration process.
However, while GAWU has vowed to continue its protest action, the Guyana Sugar Corporation (GuySuCo) has called for the termination of the strike saying that this would hinder the arbitration process. The sugar corporation has declined a request by the union for a meeting, saying that such a meeting cannot occur when the workers are still striking.
Following Thursday’s deadlock in the conciliation proceedings between GuySuCo and GAWU, the union workers went on strike after the sugar company withdrew its offer of a three per cent increase in wages and salaries for the year as it said that it was prepared to go to arbitration. GuySuCo has since said that the offer had to be withdrawn to facilitate the arbitration process.
When contacted last evening, President of GAWU Komal Chand said that the national strike continues and he added that yesterday’s industrial action saw the participation of workers from the Wales Sugar Estate. These workers had not participated in the strike last week. According to Chand, the workers at the Wales estate did not strike as the cutters did not want to engage in industrial action since they had already “exhausted all their free days.” He, however, said that once the factory workers strike they could not be blamed for any cane that was not cut. According to him, the entire Wales estate was shut down yesterday.
Chand further said that the union was yet to hear from GuySuCo and the Labour Ministry concerning the start of the arbitration process. Efforts to contact Labour Minister Manzoor Nadir yesterday proved futile.
Last Thursday, Nadir proceeded to impose compulsory arbitration in the wage dispute after Chief Labour Officer Yoganand Persaud declared the talks at a deadlock.
Chand, meanwhile, said that once the arbitration proceedings between GuySuCo and GAWU get underway, the ongoing strike action by the sugar workers will most likely be called off. He said that GAWU is fully committed to the arbitration process although he felt that the decision by Nadir to call compulsory arbitration was premature.
GAWU, in a press release issued on Saturday, said that it “is seeking to refer to refer its wage dispute with [GuySuCo] to arbitration in keeping with the Memorandum of Agree-ment with respect to the recognition and avoidance and settlement of disputes between the union and GuySuCo.” The union contended that since the dispute remained unsettled at the conciliatory level it “qualified to be referred to arbitration pursuant to Clause 5 (2) (i) of the Memorandum of Agreement.”
The release said that GuySuCo “proposed to proceed to this level by letter dated October 29, 2009 and the union promptly responded to the corporation’s request on October 30, 2009”. Having received the letter after working hours on October 29, GAWU responded the next day requesting a meeting with the corporation, the release said.
“The corporation seems to have a change of mind noting in a letter to the union dated October 30, 2009 its support for compulsory arbitration,” the release said.
According to GAWU in a subsequent letter on October 30, the union “reminded the corporation that the extant agreement must be necessarily followed and expressed the view that the imposition of compulsory arbitration was premature. Hence the union reiterated that the corporation meets the union to address the arbitration process as outlined in the recognition agreement.
The corporation said that the strike is illegal and contended that as a responsible stakeholder, GAWU is expected to use its influence to effect a resumption of work at the earliest possible time.
According to GuySuCo, “ in keeping with the provisions of clause 5 (2) (i) of the recognition agreement, the corporation had solicited [GAWU’s] consent to refer the 2009 wages and salaries dispute to an arbitration tribunal for determination.”
The release stated that GuySuCo’s solicitation was first orally communicated to GAWU at the end of the conciliation proceeding on October 29 and later endorsed by a letter on the same day.
According to the release, the labour minister has invoked his authority under the Labour Act and referred the dispute to a tribunal for determination. “Like GAWU, [GuySuCo] wishes to be guided by the tenets of the relevant collective labour agreement, which should not be observed selectively,” the release said. Even as it added that “the Minister of Labour’s decision is supported and governed by a law, which all are required to respect and uphold.”
“GAWU’s desire to now observe the tenets of the relevant CLA is noted, but the corporation wishes to remind the union that the current strike action was taken in breach of the agreement on the part of the union,” the statement said.
“The corporation has concluded that in the present circumstances, which encompass the continuation of an illegal strike action, the unions demand for a meeting with GuySuCo to discuss the issue, would be disrespectful and in contempt of the Minister of Labour’s decision,” the statement said.
Meanwhile, GuySuCo also noted that “the favourable weather conditions, which have been experienced thus far, seem to be changing. It is therefore absolutely necessary that workers return to work at the earliest opportunity to enable the crop to be taken off.”
