Facing a three-week-old strike by teachers, the government was yesterday served with an industrial action ultimatum by the Guyana Public Service Union (GPSU).
The Executive Council of the GPSU yesterday said it had unanimously decided at its Statutory Executive Council Meeting held on February 21, 2024, that an ultimatum be issued to the Government to meet at the bargaining table, the failure of which will result in industrial action to immediately end the government’s breach of the following guiding instruments of legal weight and force:
1. Agreement for the Avoidance and Settlement of Disputes, between the Government of Guyana and the Guyana Public Service Union of (1987),
2. Article 147 (3) of the Constitution of the Cooperative Republic of Guyana, and
3. Section 23 (1) of the Trade Union Recognition Act Cap 97:07.
In addition, a release from the union said that the GPSU places reliance on the Conventions of the International Labour Organization (ILO) ratified by the Parliament of Guyana, including Convention No. 87 concerning Freedom of Association and Protection of the Right to Organize, Convention No. 98 on the Right to Organize and Collective Bargaining, and Convention No. 151 on Labour Relations (Public Service) which espouses minimum standards of the conduct for ollective Bargaining and the protection of the rights of workers to be unionized and be to represented by their duly certified and recognized Union with respect to any decision on the part of their employer that affects their salaries, wages, benefits, and other conditions of service.
“This decision is also guided by the protections offered to workers in Guyana pursuant to the ILO’s ‘Declaration of the Fundamental Rights and Principles at Work’ of 1998 (as amended in 2022) which is of weight and in force under the Laws of Guyana as an unincorporated ratified treaty”, the release said.
The GPSU said that the issues affecting workers in the Public Service, and government’s reluctance to meet at the bargaining table, or to conciliate to break the deadlock that has arisen, were discussed extensively at the Union’s meeting on February 21, 2024, which resulted from meetings with its members throughout the country.
“The Union will continue to engage its members on this matter over the coming days through a committee which was established to ensure that the GPSU is mobilized, and all grievance procedures under the existing agreement (are) followed as we issue, and thereafter execute the ultimatum will now be directed to the government”, the union said.
After the GPSU issued the ultimatum, Chief Labour Officer, Dhaneshwar Deonarine sought to excuse the Ministry of Labour’s inaction by producing advice from the Solicitor General Nigel Hawke dated February 21, 2024 stating that since the court had been approached by the union on the same matter, the court’s jurisdiction should prevail. Hawke had been written to about this matter on October 6th, 2023. There was no explanation from Hawke or Deonarine why the advice was only issued on February 21, 2024.
Based on documents released by the Ministry of Labour, the GPSU has been pressing for years on collective bargaining without a fruitful response by the Public Service Ministry.
GPSU President Patrick Yarde wrote to Deonarine on September 26th, 2023 declaring that there was a breakdown of industrial relations with the Ministry of Public Service.
Yarde wrote: “Unfortunately, despite several communications to Ms Soyinka Grogan, Permanent Secretary of the Public Service Ministry, there was no reply to our letter of May 9th 2023. The last meeting was on December 19, 2022. Since then, the issues raised in our letter of November 28, 2022 which includes revision of wages, salaries and allowances are yet to be ventilated in accordance with the provisions” of the Trade Union Recognition Act, ILO conventions and the agreement for the avoidance and settlement of disputes.
As a result, Yarde said that he was seeking the conciliation services of the ministry.
Deonarine never responded formally to Yarde but wrote to Hawke on October 6, 2023 adverting to the GPSU correspondence and stating that he had noticed that the GPSU had gone to court against the Public Service Ministry and Grogan seeking an order that the defendants enter meaningful negotiations with the GPSU. Deonarine then asked whether the matter would be sub judice and prevent the Chief Labour Officer from providing conciliation services. It was this letter that Hawke apparently only responded to on February 21, 2024 stating that Deonarine should yield to the court’s jurisdiction.
Prior to the GPSU’s issuing of its ultimatum yesterday, its General Secretary Kempton Alexander wrote to Deonarine on February 19, 2024 declaring that Deonarine had not even responded to the union’s letter of September 26, 2023 seeking conciliation.
“To date you, Chief Labour Officer, have not formally even acknowledged receipt of our letter.
“On two occasions in the presence of the Union’s 1st Vice President and other Executive Members you gave verbal acknowledgment and that you were awaiting legal advice on how to proceed with the Union’s request for conciliation before replying formally. According to the Memorandum of Agreement for the Avoidance and Settlement of Disputes between the Government of Guyana and the Guyana Public Service Union, the Ministry of Labour is now also in (breach) of the Agreement since more than fourteen (14) days have elapsed without action in the particular matter”, the union wrote.
It then went on to declare a loss of confidence in the Office of the Chief Labour Officer. The Ministry was them advised that this would be a substantive topic for discussion at the union’s executive council meeting on February 21 which eventually led to the decision for the issuance of an ultimatum against the government.
Alexander’s letter prompted a February 21 letter by Deonarine to Yarde formally acknowledging receipt of the September 26, 2023 letter “since it appears, from the tone of your General Secretary’s letter that the verbal acknowledgement might not have been appreciated”.
Deonarine then went on to cite Hawke’s advice about the jurisdiction of the court and rejected the union’s declared loss of confidence in him as unreasonable. He then asked for his correspondence to be shared with the union’s Executive Council since Alexander had advised that the matter would be discussed at the February 21st meeting.
