While saying that the government would not negotiate under duress, Attorney General Anil Nandlall yesterday warned the Guyana Public Service Union (GPSU) that frontline health workers could face sanctions, including criminal charges and the termination of their work contracts, if they continue to engage in what he maintained were illegal ongoing protests.
“Unless these protest actions cease immediately and the procedures outlined by the law are invoked, the government will have no alternative but to consider certain options, including but not limited to, the institution of criminal charges, dismissal, termination of contracts of employment, suspension of the collective labour agreement with the GPSU and the suspension of the deduction of the Union dues for and on behalf of the Union,” Nandlall wrote in a letter to GPSU President Patrick Yarde, in wake of threatened strike.
The letter, dated October 3rd and released to media last evening, stressed that while Article 147 of the Constitution grants citizens the right to protest and the freedom to strike, it also includes an exception.
Specifically Article 147(4) (a) provides that nothing contained in any law shall be held to be a violation of these rights if the law makes provision that is reasonably required in the interest of defence, public safety, public order, public morality or public health.
According to Nandlall, Yarde is well aware that the Essential Services Arbitration Act is the law to which the exception refers.
“The Act provides a procedure for settlement of disputes in public utility undertakings and in certain services and prohibits strikes and lockouts in such undertakings or services,” he noted, before adding that constitutional provisions and the Act together prohibit strike actions and lockouts without a resort to the procedure laid out.
He further said that the “greater good” restricts the workers “right” to take industrial action since their service is essential to the proper functioning of the majority of the population.
“To violate this internationally recognized norm in industrial practice at a time when our nation is facing the worst pandemic in living history amounts to a most cruel, inhumane and unusual abdication of responsibility and may be viewed as conduct amounting to criminal negligence… Citizen’s may die as a result of the GPSU’s actions,” Nandlall wrote.
According to the Attor-ney General, there is no evidence that the procedure outlined in the Essen-tial Services Arbitration Act was activated by the union and consequently protest actions which they have embarked upon are unlawful and illegal.
“Every person engaged in strike action contrary to the Act commits a criminal offence and is liable on summary conviction to a fine or imprisonment,” he stressed.
Workers from hospitals around the country have been protesting to press the demands, including better pay, for those on the frontline managing the national response to the COVID-19 pandemic. Many of the striking workers have signalled that they are prepared to continue protesting and, if necessary, strike, until their concerns are addressed.
‘Neglected’
Section 12 of the Essen-tial Services Arbitration Act states that an essential worker shall not take part in a strike in connection with any trade dispute unless the dispute has been reported to the minister by an organisation representing the workers and if one month has elapsed since the date of the report, and the dispute has not during that time been referred by the Minister for settlement in accordance with that section.
Section 19 of the law further explains that every person who contravenes or fails to comply with Section 12 commits an offence and is liable on summary conviction to a fine not exceeding $30,000 and imprisonment for two months.
“If the offence is a continuing one, a further fine not exceeding $1,000 for every day or part of a day during which the offence continues,” the section concludes.
Against this background, Nandlall maintained that the GPSU “has failed, neglected and or refused to disclose to the workers the true, legal and acceptable industrial course of action on this matter” and has chosen to mislead the workers into committing violations of law and recognized practice in industrial relations.
Nandlall’s missive appears to be a response to a letter, dated September 30th, from the union to Minister of Health
Dr. Frank Anthony, in which Yarde threatened full strike action within 72 hours unless there was a positive response to the union’s demands.
“We will mobilize for full strike actions, if within 72 hours we do not get what we consider as a positive response, to mature and professional decisions focused on an outcome in resolving this matter,” the letter said.
Despite repeated requests at a press conference on Thursday, Yarde refused to state what “a positive response” would entail.
Yarde was adamant during the press conference that the workers’ protests were legitimate as his union had “served notice on government in excess of one month” as required by the regulation.
“These protest actions are expressions of displeasure at the behaviour of the Administration, with the consistent flouting of agreement and the failure to resolve grievances that were not only repeatedly brought to the management’s attention by the GPSU on behalf of the aggrieved frontline workers, but were accepted as being critical by said management,” he stressed.
In the letter, the union reminded that it had approached both the Ministry and the Management of the Georgetown Public Hospital Corporation (GPHC) about sub-standard working conditions over a period of years.
The letter noted that on January 24th, 2019, an ultimatum was issued and that another letter dated August 28, 2019 had reminded that the “ultimatum was still in force”.
The ultimatum in question, as reported by Stabroek News, was a mandate from the GPSU’s Executive Council in 2019 that “industrial action [in the Health Sector] be taken from February 28th or anytime thereafter.”
The industrial action had been expected to protest the working conditions and other ill-treatment of health care workers and technicians in the public service, public sector and at the GPHC.
‘Amicable agreements’
Like the government the GPHC has remained adamant that the protest is illegal.
In a statement released last evening, the GPHC cited the union’s letter and said it remained concerned that amidst the ongoing COVID-19 pandemic some health care workers have resorted to industrial action, which will have a negative impact on health care.
According to the GPHC, over the last few months it has been working directly with the Doctors and Nurses Branch of the GPSU to improve benefits for all workers, particularly those directly involved in the treatment and care of COVID-19 patients. “Towards that end on April 3, 2020 the Administration met with the Doctors and Nurses Branch, GPSU to discuss and resolve issues which they claimed were affecting health care workers emanating from the COVID 19 pandemic. At the conclusion of that meeting amicable agreements were reached,” it said. It cited: providing appropriate training to all staff members to combat the COVID-19 virus; Providing transportation to take employees to and from work; paying risk allowances to all staff members who are directly involved in the treatment and care of COVID-19 patients in accordance with Circular Memorandum PS: 20/19 dated December 12, 2019; providing adequate and appropriate Personal Protective Equipment (PPE); providing psychological support to employees who are affected by the COVID-19 virus; providing meals and beverages to employees directly involved in the treatment and care of COVID-19 patients and at COVID-19 screening/triage sites; continued payment of salary to employees who are on extended sick leave due to COVID-19; providing care packages to employees who are affected by COVID-19; and providing free housing to staff members who perform duties in the COVID-19 Isolation Intensive Care Unit (IICU).
The hospital took particular umbrage to claims that workers do not have adequate PPE, are being asked to take their PPEs home for cleaning, and are recycling PPE, saying they are without merit. “The GPHC cannot comprehend the GPSU’s posture in threatening industrial action when the matters raised in their letter have been and continues to be addressed,” it said, while adding that it remains committed to timely and constructive engagements to consider the requests of healthcare workers and strongly advise them to refrain from accepting inappropriate advice and abandoning their duties to support further illegal protest action until every avenue provided for in the relevant legislation is exhausted.
The management of the GPHC assured all healthcare workers that every effort will be made to ensure that they are supported, protected and appreciated for their hard work and dedication.
