Dear Editor,
I have been observing the protracted dispute between the management of the Bauxite Company of Guyana, Inc (BCGI), its workers and their recognized union – the Guyana Bauxite and General Workers Union (GB&GWU).
Culpability for this vexing controversy rests squarely at the feet of President Bharrat Jagdeo, who has refused to reinstate the tax-free overtime pay for bauxite workers. The tax-free overtime pay is a benefit which was fought for by bauxite workers was also given to sugar workers in Guyana.
The impasse commenced when, in an effort to ameliorate the economic hardship that has plagued bauxite workers since the PPP government downsized the bauxite industry and its attendant Linden, Kwakwani, Aroaima and Ituni communities (Region 10), the GB&GWU requested President Jagdeo to reinstate tax-free overtime pay. The union subsequently entered negotiations with BCGI for increased wages for its workers, but the company refused and negotiations became futile and broke down. Consequently, on November 22, 2009 bauxite workers proceeded on strike to demand a better living wage.
In retaliation, on November 24, 2009 BCGI management issued around 80 suspension and dismissal letters to workers, which included officers of the union. On December 1, 2009, the company notified the Ministry of Labour that it had arbitrarily terminated the Collective Labour Agreement and commenced the process of derecognizing the legitimate union. Concomitantly, some workers were, upon resumption of work, asked to sign a company prepared petition requesting that another union represent them.
These acts are in direct contravention of the Trade Union Recognition Act (TUR), Chapter 98:07. Section 26 of the act states: “(1) No employee shall be dismissed, or have his employment adversely affected, or his position altered by his employer, by reason of the circumstances that the worker- (a) is an officer, delegate or member of a trade union (2) An employer shall not- (a) make the employment of a worker subject to the condition that he shall or shall not become a member (3) An employer who contravenes any of the provisions of subsection (1) or (2) shall be guilty of an offence and liable on summary conviction.”
Under law, BCGI and RUSAL have committed offences, and RUSAL is subject to the laws of Guyana and not any other law. The government must therefore explain why the laws have been ignored. The PPP government’s ambivalence and failure to enforce the law in the instant matter set a dangerous precedent and subject Guyana to modern exploitation.
On January 8, 2010 the GB&GWU met with the Trade Union Recognition and Certification Board and lodged a complaint against BCGI. As a result, the board made a determination that the law compels the company to recognize the union until and unless it ruled otherwise, and BCGI was so directed. Section 23 of the TUR act states: “(1) Compulsory recognition and duty to treat – When a trade union obtains a certificate of recognition for workers comprised in a bargaining unit in accordance with this Part, the employer shall recognize the union, and the union and the employer shall bargain in good faith and enter into negotiations with each other for the purpose of collective bargaining.”
Again, the government refuses to compel RUSAL to comply with the laws of Guyana, either through the statutory powers of the Ministry of Labour or by judicial fiat. By virtue of this, the government is in further violation of international labour conventions and protocols.
Determined to circumvent the law, the company selected a more favourable union and has allegedly been coercing its employees to accept its hand-picked union. This is an egregious violation of domestic and international labour laws. It must be strongly condemned by the Government of Guyana and the global labour fraternity. RUSAL must be told that this is unacceptable to the Guyanese people.
The union wrote to Minister of Labour Manzoor Nadir, since January 13, requesting his intervention in accordance with the law, but the Minister has failed to do so. Section 4 of the TUR act under ‘Powers of the Minister in the case of a dispute’ states: “Where a difference exists or is apprehended between an employer or any class of employers, and employees, or between different classes of employees, the Minister may, if he thinks fit, exercise all or any of the following powers, namely— (a) inquire into the causes and circumstances of the difference; (b) take such steps as to him may seem expedient for the purpose of promoting a settlement of the difference; (c) with the consent of both parties to the difference, or of either of them, or without their consent, refer the matter for settlement to the arbitration of an arbitration tribunal consisting of one or more persons appointed by the Minister.”
The above law vests broad powers in the Minister of Labour to intervene decisively to end this dispute. I presume Minister Nadir to be a principled individual. The fact that he has not acted is worrisome. Therefore, I hope that principle will prevail over politics and that he will demonstrate fidelity to the law and exercise his statutory mandates and fiduciary duties in the interest of Guyanese workers.
BCGI and RUSAL have run roughshod over Guyanese workers and the union. It must be made clear that while RUSAL’s supercilious and draconian tactics might be countenanced in Russia, in Guyana they give efficacy to the maxim, “mob rule is the antithesis of democracy.” Similarly, the government must understand that the labour laws of Guyana as well as international labour conventions are not mutable nor are their enforcement subject to political expediency. They are absolute and enforceable, and as a government and signatory to the regime of international labour conventions, it must therefore comply with applicable international law and the Constitution of Guyana.
BCGI has unquestionably abridged the rights of its workers and attempted to callously emasculate the union, with the tacit support of the government. The PPP government, by its inaction and divisive politics, has allowed this controversy to burgeon into an international melee. It is a national ignominy that President Jagdeo has allowed this matter to prolong. This instance is particularly reprehensible, as his conduct gives succour to and appeases an expatriate company.
This is repugnant and corrosive to labour relations, undermines fundamental justice and imperils the inalienable rights and ideals which have perennially been guaranteed by modern societies in which the rule of law is supreme. If the Government of Guyana has no respect for Guyanese workers, then the Russians won’t have either. I therefore call on President Jagdeo to cease this lawlessness and intransigency, and to respect the rights of Guyanese bauxite workers and to act with dispatch to enforce the law.
Yours faithfully,
Rickford Burke
President
Caribbean Guyana Institute
for Democracy
