Minister of Labour Manzoor Nadir today wrote the RUSAL-owned bauxite company accusing it of gross disregard for the laws of Guyana following its refusal to attend a meeting with the union, GBGWU, and warned that compulsory arbitration could be invoked.
Nadir’s letter to Ruslan Volokhov, General Manager of the Bauxite Company of Guyana Inc (BCGI) followed the company’s refusal to attend a meeting with the Guyana Bauxite and General Workers Union on Wednesday. The two sides have been loggerheads for more than a year after BCGI fired 57 workers.
The no-show by the company was condemned by the union and in a press release it disclosed that BCGI had written the Ministry stating that the Collective Labour Agreement (CLA) between itself and the union had come to an end and consequently, it did not consider the ministry’s invitation to attend the meeting with the union as valid.
Nadir’s letter addressed this issue. It said that “First, I view your refusal as a gross disregard and disrespect for the country, the government and the Laws of Guyana”. He also declared that the GB&GWU is the certified bargaining agent for a large section of the BCGI workforce and “you are legally bound to treat with them”.
The Minister said that BCGI could not declare that there exists no collective bargaining agreement between the two sides.
He adverted to Clause 4 (1) of the Laws of Guyana Cap:98:01 which permits the minister to exercise whatever powers he deems appropriate where a difference exists between an employer and an employee.
He also cited the Trade Union Recognition Act which requires every employer to treat with a certified trade union for the purpose of a collective labour agreement.
Nadir disclosed that BCGI had “supplied incomplete and possibly inaccurate or misleading information” to the Trade Union Recognition and Certification Board and he pointed out that this was an offence under Clause 4(1) of the Act.
The Labour Minister also said that the company seemed to be advised “very limitedly” as to the minister’s powers to intervene as he could refer the dispute to an advisory body or go as far as applying compulsory arbitration as has “been done in the past few years”.
“The Government has been very patient, principled and objective, I am however unprepared to tolerate from RUSAL any further disrespect to our laws, workers and people. I strongly urge you to attend the next meeting called by the ministry”, Nadir warned.
Over the last year, the government has been bitterly criticized by GBGWU, other parts of the labour movement and civil society groups for not taking sterner action against BCGI and for letting the industrial dispute drag on.
