The umbrella body, the Trades Union Congress (TUC) is alarmed over a new law proposed for the recognition of unions, calling it a part of a “clandestine” attempt by government to destabilise the labour movement.
TUC President Gillian Burton yesterday warned that the Trade Union Recognition (Amendment) Bill 2008, which was tabled in the National Assembly by Labour Minister Manzoor Nadir on Monday, marks the beginning of the end for industrial democracy and union rights.
“This is a serious bill with serious implications,” she told a news conference, where she accused the government of trying to sideline the TUC in favour of government sympathisers. Although she did not make specific references, she appeared to be alluding to the rival Federation of Independent Trade Unions of Guyana (FITUG). Burton said the TUC remains the only nationally recognised labour body by the International Labour Organisation (ILO).
The bill seeks to amend the Trade Union Recognition Act of 1997, providing for “the most representative” organisations of workers and employers to be consulted by the Minister of Labour for the appointments of members of the Trade Union Recognition and Certification Board.
The law currently stipulates that the Minister consult the most representative association of trade unions and employers. The most representative organisation of workers and employers will also have to be consulted in the Board’s making of its rules instead of the most representative association of trade unions and employers.
But according to Nadir, the bill will strengthen the hand of workers in terms of their rights and representation. He told Stabroek News yesterday that among other things, the legislation is intended to address a fundamental flaw in the existing legislation, which allows the organisation that has the largest amount of trade union affiliates to make nominations to the Board. He explained that ILO conventions and tripartite consultations refer to the most representative organisation of workers and the bill seeks to adopt the standard. “What we have is a significant amount of organisations of workers who say that the group doesn’t speak for them,” he also noted. “I can’t say that any one group is the overwhelming consensus voice for workers, so we do have a problem that bill intends to address.” In its years of rivalry with the TUC extending to 1989 FITUG has argued that it represents more workers than the TUC. It has said that the TUC roll is padded with paper unions.
The bill also proposes to increase the period for the Board to determine an application for certification by a trade union from two to four months and unions would only be allowed to strike if no decision has been made within that time. Nadir noted that some employers have moved to the courts to challenge certification processed outside the current two-month timeframe, hence the need for the amendment.
The bill will also repeal sections of the Act that require the intervention of the representative association of trade unions in relation to situations where two or more unions apply for certification for the same bargaining unit.
Government presented a similar bill two years ago but it was shelved as a result of an outcry by the TUC and government spokesmen had stated that the provisions would be re-examined to ensure the umbrella body had more say in representation on the board.
Burton explained that since that time there has been no consultation between the government and the TUC on the legislation.
She was also critical of the timing of its introduction in the National Assembly, saying that the government chose a time when workers are focused on the holiday season. “We will not spare any effort to maintain our leadership position,” she declared, while calling on the TUC’s constituents to remain vigilant.
