Union files court action to stop GTT from making 120 positions redundant

Apr 04, 2017 News

---

The Guyana Postal and Telecommunications Workers’ Union (GPTWU) has filed a court action seeking to restrain the Guyana Telephone and Telegraph Company (GTT) from moving ahead with a restructuring of its operations

that would make 120 positions become redundant in the company.
This was made known to the media yesterday during a press conference at the Union’s headquarters on East Street by its President, Harold Shepherd.
According to Shepherd the matter was filed on March 15, last, in the Supreme Court. He said that the matter was first heard on March 20, and the parties are to return to court on April 6.
He said that the GPTWU has bargaining rights for over 270 non-management employees within GT&T. Shepherd said that the Union was forced to take this course of action because of the company’s aversion and failure to follow the procedural imperatives as are outlined in the laws of Guyana.
Shepherd said that it must be noted that while the Union is not against the company wanting to restructure its operations, the move must be done in keeping with the extant Collective Labour Agreement (CLA) between the parties and within the bounds of the legislative imperatives of the Labour Laws of Guyana.
“The company’s action to proceed with its redundancy exercise without first or at all consulting with the Union is a clear violation of the CLA and Termination of Employment and Severance Pay Act No. 19 of 1997.”
The GPTWU President said that under Part 3, Section 12(3) of the Act states:
“Prior to terminating the employment of any employee pursuant to this section, the employer shall, (a) inform as early as possible but not later than one month from the date of the existence of any circumstances mentioned in subsection (2) the recognised trade union, or if none exists, the employee or the employee’s representative and the Chief Labour Officers of (i) the existence of any circumstances mentioned in subsection (2); (ii) the reasons for the contemplated termination of employment; (iii) the number and categories of the persons likely to be affected; (iv) the period over which such termination is likely to be carried out; and (v) such other matters as may be relevant.”
Further, the Act states that the employer must consult as early as possible with either of the parties mentioned above on the possible measures that could be taken to avert or mitigate the adverse effects of such circumstances in relation to employment generally, and the employees concerned.

WAGES INCREASE
Shepherd also said that the Union is seeking damages against GT&T for failing to comply with its statutory obligations. He said that the multi-national company is refusing to pay its long-serving employees a living wage.
“Instead they are only prepared to pay a two per cent for the negotiating period October 1, 2016 to September 30, 2018. The union was forced to request Arbitration in an effort to resolve the dispute after several meetings were held at the bilateral and conciliatory levels.”
However, Shepherd informed the media yesterday that GTT has apparently shown great disrespect to the Ministry of Social Protection, Department of Labour, by not attending meetings scheduled by that department.
“Most recently, a meeting scheduled by the Chief Labour Officer for Tuesday March 28, 2017 was met again by the no-show of the company. This meeting was scheduled to set the modalities for the Arbitration process.”
According to General Secretary of the union, Eslyn Harris, the union is prepared to execute the arbitration process. She said that GTT’s no show, signals the company’s blatant disregard for due process.
“One would know that in dealing with such issues, you start at the bilateral level, it escalates, and you go to the conciliatory level and you have no amicable settlement at that level, the next stage is arbitration. So we are waiting on the Labour Department to make an informed decision as to how we should proceed; failing which, we will not only agitate from our level, we will have the Trades Union Congress involved, and we are prepared to lobby the other labour unions in the region.”
Meanwhile, Shepherd said that the GPTWU will not be bullied into submission nor is it prepared to accept the measly increase of two per cent for two years. According to him, the arbitration route is the only one the Union is prepared to take so as to bring a resolution to that specific dispute.
“They deserve better. These employees continue to double up. They work beyond their contractual work time without being remunerated in order to satisfy customers’ needs, while their welfare continues to be eroded.”
Shepherd went further to say that the company is outfitted with a large number of contract workers who are continuously employed, executing work within the bargaining unit.
“This is not only against the Collective Labour Agreement; it also flies in the face of what the law prescribes.”
He said that based on observations, the telecommunications company appears to ‘hell-bent’ on placing contract employees in permanent positions.
Shepherd said that the Department of Labour is aware of all the illegalities and infractions being perpetuated by GTT, but continues to turn a blind eye to the plight of the workers. Shepherd assured that the Union will continue to expose the apparent arrogance being displayed by GTT and is prepared to rigorously pursue this matter at all levels.

---

---