Unable to operate for days, the majority Russian-owned Bauxite Company of Guyana Inc (BCGI) has said that the blocking of the Berbice River by workers who were recently dismissed is illegal and has denied breaching labour laws in laying off 288 workers.
The company on Friday related this position to the Department of Labour of the Ministry of Social Protection at a meeting. Company representatives also said that BCGI is willing to recall staff who were laid off on the condition that the barrier across the river is removed.
“Our main message to the ministry and to the authorities is that the blockade is an unlawful action according to the laws of Guyana…,” Russian Aluminum (RUSAL)’s country representative Vladimir Permyakov said after meeting with the Department of Labour’s Industrial Relations Consultant Francis Carryl. It was the first time the company had spoken to the press since laying off hundreds of employees.
In response, General Secretary of the Guyana Bauxite & General Workers Union (GB&GWU) Lincoln Lewis told Stabroek News that the union will only facilitate the resumption of RUSAL-run BCGI traffic in the Berbice River if the company moves to resolve outstanding labour issues or signs an arbitration agreement. BCGI however, insists, that the river barrier must be removed to allow the restart of operations and pave the way for further talks on the issues at hand.
Lewis, in a letter published in the Sunday Stabroek, said that the union’s position on the matter remains unchanged.
“The conflict with RUSAL/BCGI is not about the blocking of the Berbice River. Since the company now finds it convenient to speak about the Laws of Guyana regarding Guyana national waters, we take this opportunity to remind them that the Constitution of Guyana also speaks about the sovereignty of our nation and the Laws of Guyana which they have been in violation of for over a decade. What is evident from this message is that while RUSAL is not prepared to honour the Laws of Guyana, they are prepared to turn the Government of Guyana against the workers of Guyana,” Lewis said.
Speaking to Stabroek News via telephone, the General Secretary added that workers do not fully trust BGCI’s intentions to recall those who were laid off and then address other issues.
“The workers are of the view that RUSAL cannot be trusted. They believe that there is some other devious plan in the works because they have sent away all the trucks but are still willing to recall the staff. The workers are of the view that they [BCGI] would want to fire some of them after they return on the job,” Lewis related while stating that workers have asked the union to have all issues resolved before they return to work.
The veteran trade unionist, in his letter, also used the opportunity to call for the dispute between the parties to go to arbitration. He stated that the violations of country’s laws and sovereignty by BCGI should not be facilitated by those who are paid with taxpayers’ money, and who “conveniently know the law.”
“The union calls also on the Guyanese community, our trade unions comrades and the media to rally around bauxite workers in exposing and fighting the injustices meted out to them,” Lewis said.
Stabroek News was told that the Labour Department will convene a meeting during the course of this week with the union to relay the company’s position and discuss a way forward with the GB&GWU.
Lewis added that because of past actions from BCGI, the union is forced “to recognise the actions of the frustrated persons to block the river as an act of desperation to bring about social justice when all legal and procedural avenues have been stymied by inaction, foot-dragging and misrepresentation of advice on best practices. The impasse must end! The grievance procedures and the law of Guyana must be allowed to work in the interest of all concerned.”
Some 288 employees were laid off by BCGI last week. In the first instance, the company stated that they did not receive the necessary concession for duty-free importation of fuel. On Wednesday, on the eve of a scheduled meeting with the Department of Labour, the company informed a second set of workers that they were being laid off due to BCGI not being able to transport fuel to the mines as a result of the river being blocked.
That notice said, “We wish to advise that we are forced to further reduce operations and to lay off employees due to adverse operating circumstances including shipment interruption due to the blockage of the Berbice River. Unfortunately, the employees listed below are affected by the reduction and have to be [laid] off effective the 30th January 2020 and to be recalled as soon as the situation returns to normal.” Workers were also informed that individual letters would be sent via post to their homes.
Recall
Permyakov said that should the barrier be removed, they will be able to restart operations and recall employees hours later.
“We will be happy to recall all of them because we cannot work when there is no conditions for restarting…because the river is still blocked,” Permyakov said, while explaining that the transshipment of the bauxite from the mines is an important part of the production line. He insisted that his company did not violate the labour laws and contended that the Department of Labour are the ones who misapplied section 12 (3) of the Termination and Severance Pay Act.
“We have written assessments of professionals of labour laws and Guyana laws… they misapply section 12 part 3 as it relates to layoff. Layoff is not terminating. Our experts and our lawyers say everything was done correctly,” Permyakov said.
He claimed that the decision to lay off employees on the first occasion was triggered by the company receiving an artificial grade of fuel.
“It was [a] state where we were victims of an artificial grade of fuel crisis…We promised that once fuel arrives and the river isn’t blocked, we shall restart our operations. We told them this in the company notice. We said we shall recall all of the 142 employees. We were ready to recall from Wednesday morning but river was still blocked. Then we got fuel but river is still blocked and it makes no sense to restart operations…” Permyakov said as he explained the rationale behind the second round of layoffs.
Meantime, apart from having the issues surrounding the layoffs resolved, GB&GWU said they are also seeking compensation for two workers who suffered electrical shocks while on the job in December. The union is also asking the Labour Department to declare a deadlock in wages and salary negotiations and pave the way forward for arbitration.
Responding to the concerns of the workers not being compensated, Permyakov said that the company cannot make a judgement on the issue since it is still under investigation. He stated that the Occupational Health and Safety Inspector from the Department of Labour is still to present the final report with the findings.
On the dragged out negotiations on wages and salaries, Permyakov said that it has been impossible negotiating with the union and added that the demands have been unreasonable despite BCGI providing facts on their financial position.
“We have many rounds of talk, we work together with the union… but how you can negotiate something with someone who come to you and put the gun to your head? How you do consider unlawful methods to reach mutually acceptable terms?” the country representative questioned.
On Thursday, Lewis called on government to take a firm stand against the company, which, he said, has been allowed to trample and violate the laws of the country.
