-following court ruling
Now that the court has ruled that the strike launched by the GTU for collective bargaining was legal and justified, General Secretary Coretta McDonald said that the union will now re-engage the Ministry of Education to discuss the way forward.
“We will now approach the Ministry of Education again reminding them that we [the GTU] are still open to sitting at the table and having negotiations with them as it relates to the collective bargaining agreement and based on their response that will decide our next step”, the Guyana Teachers’ Union General Secretary told the Sunday Stabroek.
McDonald said that she is aware that the Ministry of Education did outline that they are not prepared to revert to the proposal for salaries discussions for 2019- 2023 which therefore means that the union has to consider several other options that would still turn out in the best interest of teachers.
“We will have to reconsider if we are going to incorporate the 2019-2023 proposals into 2024 or maybe do a fresh proposal for a new multi-year agreement”, she hinted.
When asked if the GTU has convened a meeting on the way forward, McDonald said her ideas have not been discussed as yet with the general membership or executives of the union, but the common goal for all members of the teachers’ union is to see the 2019-2023 proposals come to fruition.
The General Secretary said once the Government and the Union arrive at a consensus and can come up with viable solutions which will address the needs of teachers, there will be no need for further industrial action.
McDonald made it pellucid that the GTU initially did not intend to resort to industrial actions, as it was cognizant of the possible challenges it would pose to learners as education is a priority.
At the same time, teachers have needs which should be attended to she argued.
“Yes we were mindful about the challenges it would create for our learners because education is a priority for us, however, we must be reminded that teachers have children to take care of as well as families, they have to face the supermarkets and markets every day, so with that being said they deserve better financially, to survive because the cost of living continues to skyrocket, and that is all we have been asking for from this government, teachers deserve a livable wage”, the GTU representative articulated.
On Friday, Justice Sandil Kissoon declared that the government’s actions, which included deducting pay from striking teachers and ceasing deductions of dues for the union, were unconstitutional, unlawful, and interfered with the fundamental rights guaranteed to the union for collective bargaining.
McDonald told this newspaper that she is extremely grateful to the teachers nationwide who stood their ground for four weeks and remained to the end in the fight for better wages and salaries.
She said that the overwhelming solidarity showcased by teachers was a clear indication that they would not tolerate any form of disrespect from the government or any ruling party going forward.
The General Secretary also thanked the Guyana Trades Union and other unions for offering solidarity as well as attorneys Darren Wade and Roysdale Forde who represented and defended the rights of the nation’s educators.
She remarked that the “court ruling is yet another monumental victory for teachers”.
Justice Kissoon during his ruling emphasized that striking is a legitimate right and does not equate to “no work, no pay.”
He further criticized the government for failing to engage in meaningful discussions with the union for over three years, despite multiple attempts by the union to initiate dialogue.
The court also found that government officials rebuffed efforts for negotiation and mediation, leading to the prolongation of the strike.
“The evidence before this court reveals and I so find, that all efforts by the union to commence the process of meaningful engagement and collective bargaining to address the issues of wages and salaries and matters pertaining, relevant to the conditions of their employment were rebuffed or were not addressed,” Justice Kissoon noted.
Of particular note was President Irfaan Ali’s meeting with some teachers at State House, which Justice Kissoon criticized as not constituting collective bargaining with the recognized union.
On this note, he questioned how a nationwide consultation involving union members could take place without the union’s participation.
Furthermore, the judge condemned Chief Education Officer [CEO] Saddam Hussain, and Chief Labour Officer [CLO] Dhaneshwar Deonarine.
The CEO, Justice Kissoon, was not frank with the court during cross-examination and his testimony could not be relied upon.
Speaking about the CLO, the judge said that his failure to intervene contributed to the strike action. Justice Kissoon noted that there was no evidence that Deonarine conducted a single inquiry to ascertain what was in the correspondence sent to him by the union before deciding that the strike was illegal.
“It highlights a grave (omission) for which the children of this nation suffered,” the judge said.
Attorney General (AG) Anil Nandlall SC, who represented the state in the matter, revealed that the state will be appealing the judge’s decision. The AG expressed concerns that the ruling from Justice Kissoon could potentially set a precedent that would require employers to pay striking workers. He argued that this decision could lead to workers being compensated for work they did not perform, which he viewed as a violation of property rights.
The GTU’s industrial action commenced on February 5th and was initially slated to last for ten days but actions by the government led to its continuation for over a month. There was substantial support for it all across the country particularly in Region Two, a development which seemed to have surprised the government. Teachers also went on strike across Berbice.
