Anyone with common sense, not to mention the teachers, must be saying to themselves, ‘Thank goodness for Justice Sandil Kissoon.’ Finally, after four weeks of teachers’ absence from the classroom reason has prevailed, and a mediation process between the government and the Guyana Teachers Union ordered by the Judge has begun. After Chief Labour Officer Dhaneshwar Deonarine declined to intervene in the dispute and the government hardened its position, it was difficult to see exactly how it could be resolved. As it was, therefore, it was somewhat fortuitous that Justice Kissoon was able to provide an avenue for resolution which under normal circumstances would not have been available.
It came about because the GTU had gone to court about deductions from their salaries during the period they were on strike, and Justice Kissoon had issued conservatory orders debarring the government from deducting pay until the substantive matter could be heard. Despite this, Chief Education Officer Saddam Hussein had issued a memo instructing education officers that absences by striking teachers must continue to be logged as the government would not pay them for the days when they did not work. The Judge’s orders were temporary, he wrote, indicating that the final order would find for the government.
Justice Kissoon deemed this contempt of court, and on Wednesday duly summoned the CEdO, who apologised and withdrew his memo. It was then that the Judge spoke of his concern for the country’s children and enquired as to why there had been no move on the part of the government or the GTU to try and resolve the matter. He then proposed a court-appointed mediation process with Senior Counsel Edward Luckhoo as a mediator.
The GTU agreed to this with alacrity, but Attorney General Anil Nandlall understandably asked for twenty-four hours grace so he could consult with his principals. On returning the following day he expressed a preference for direct talks between the government and the union, but this did not find favour with the Judge who subsequently ordered mediation to take place in Court Three of the High Court, with Senior Counsel Edward Luckhoo and Robin Stoby as mediators.
The government’s lack of enthusiasm about complying with the court-ordered mediation was reflected in a statement in which it was said: “While the Government does not think that judicial intervention was necessary, having regard to the established industrial practices … the Government will participate in the process with the firm expectation that it will put teachers back into the classrooms …”
For all of that our report yesterday reflected a spirit of optimism about the talks from all sides, although for obvious reasons Attorney-at Law Darren Wade representing the union said that they had been asked by the mediators not to discuss the issues with the media or the public as they trusted the process would arrive at a resolution soon. The process is to resume tomorrow. As far as the public is concerned, what they want to see is some kind of formula which would allow teachers to return to the classrooms.
Yesterday we also reported the identities of those representing the two sides: the CEdO along with Region Four Regional Education Officer Tiffany Harvey for the government; and President Mark Lyte, Second Vice President Julian Cambridge, Regional Vice President (Demerara) Collis Nicholson and Treasurer Sumanta Alleyne for the GTU. General Secretary Coretta McDonald has not been included in the union’s team, probably a wise decision in view of the fact that she has proved something of a lightning rod for government resentment.
As with many controversies in this country, there has been a lack of agreement on the facts of the situation, and routinely a fudging of critical details, something which continued even after Justice Kissoon had ordered mediation. The waters were even muddied by Vice President Jagdeo whose remarks as reported by DPI were made on the same day mediation was ordered. These were hardly conducive to compromise and repeated some of the suspect allegations made repeatedly during the course of the impasse. This is a matter which does not fall within Mr Jagdeo’s portfolio, however, and the untimely nature of his views notwithstanding they can be put to one side and disregarded given that he has nothing directly to do with the issue.
Not so in the case of AG Nandlall, however, who as the government’s chief legal officer is expected to evince a certain precision in relation to accounts of events. Outside the court last week, for example, he told reporters that he had been informed by the CEdO that the GTU had been invited to meet with the Ministry of Education last Wednesday. The union’s President denied this, and exhorted reporters to seek documentary evidence from Mr Nandlall. He went on to say that the two sides had not been meeting on any matter, although the union remained open to talks as it always had been in respect of collective bargaining.
A challenge to produce written evidence is strongly suggestive of the fact that there isn’t any, and that the AG has got things muddled up, or has been careless about the date when this invitation took place. He did go on to say, however, that the government was committed to fair and respectful engagement with workers while upholding the laws which protect both unions and employers. Most significantly, we reported that he recognised the importance of communication and collaboration between the government and the GTU to address concerns and avoid disputes. He also was said to have emphasized the importance of ongoing dialogue and mutual understanding.
And this is what is important but has been missing from all the exchanges leading up to the present strike action. There has been a lack of communication and collaboration between the two sides, let alone meaningful dialogue and mutual understanding. The government particularly is not good at listening, and has so far shown itself incapable of understanding that the reason the teachers say they are striking is indeed the reason they are striking. Why the administration refuses to accept that what they want is better salaries and a return to collective bargaining is one of the nation’s great mysteries; what else would they be striking for?
While Mr Nandlall has waxed lyrical on upholding the relevant laws, in his position he cannot be unaware that that the government he serves has been in dereliction where that is concerned. For some reason which is not immediately apparent it has believed that the teachers will find wage impositions acceptable.
In a situation where there is no conceptual convergence between the government and the union as it relates to the nature of the problem, then mediation is the best possible approach for seeking a route to a solution. What the government, teachers, parents and the public all want is a return to the classroom. Thus far there is unanimity. If the current mediation process achieves that this week, then there will be a national sigh of relief. If in addition some mechanism is agreed to allow for collective bargaining, then that would be another positive move of no mean order.
