Dear Editor,
One of the basic tenets of collective bargaining is that the parties bargain in good faith. The duty to bargain in good faith places the onus on the parties to engage in a process of give and take, of making acceptable compromises, and of seeking solutions to the issues before them. In the case of Rusal and the Guyana Bauxite & General Workers Union (GB&GWU), there seems to be a total absence of good faith bargaining as evidenced by the progressive decline in their relationship.
But, in all that is happening, one needs to ask what the role of the Ministry of Labour is in trying to resolve this impasse. The core function of the Ministry of Labour is to maintain a stable industrial relations climate through the early apprehension and resolution of labour disputes. This necessitates a pro-active approach by initially involving the parties in consultation, especially as it relates to strikes where discussions focus on terms of resumption that provide for a return to normalcy. Normally, such terms imply a reversion to the status quo; no victimization by either party; no acrimony; and a date for conciliatory talks where the ministry utilizes its expertise to resolve the issues at conciliation or arbitration as provided for in the Collective Labour Agreement.
In other words, where a strike is involved the parties do not necessarily have to request assistance, since the function of the ministry to maintain industrial stability requires its intervention.
It is unfortunate therefore that this strike, which initially started as a wages dispute, had to end up with selective termination according to the union, and attempts to derecognize a bona fide certified trade union. In both cases, the company is required to comply with certain provisions under the Termination of Employment and Severance Pay Act and the Trade Union Recognition Act.
The Ministry of Labour would have fulfilled its mandate if the company was so advised and complied with those provisions. If not, then there are provisions under both acts for prosecution.
It is hoped that the New Year will bring some acceptable closure to this issue and the spirit of good faith bargaining re-established.
Yours faithfully,
D. Sookdeo
(Retired Assistant Chief
Labour Officer)
