The longer the Ministry of Labour abandon its role discriminatory treatment to bauxite workers will escalate

Dec 30, 2009 Letters

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Dear Editor,
The Bauxite Company Guyana Inc (BCGI) denial in its “Information Memorandum to the Public” that it did not dismiss workers because they are members of the Guyana Bauxite &General Workers Union (GB&GWU) is far from the truth.
The workers were on strike, protesting outside the plant and were not on the job. They were not under the supervision of the management and as such the company had no authority over them. It is important to note among those affected are all the union branch leaders.
The company claims 40% of the workers want to leave the union. The mere publication of this information exposes its stated intent to manipulate the laws and confirms its efforts at union busting, which is illegal. Membership of the union is between the worker and the union, where s/he signs a membership form. If a member wants to cease membership, this can only be done between him/her and the union via a prescribed form. The company has no authority or jurisdiction in this area.
The company has prepared a letter (a copy I have in my possession) that reads:
The Secretary
Trade Union Recognition & Certification Board
c/o Ministry of Labour
82 Brickdam
Georgetown.
Dear Sir,
We the undersigned employees of Bauxite Company of Guyana Inc, for whom The Guyana Bauxite & General Workers Union is certified as the recognised majority union, hereby wish to advise the Trade Union Recognition and Certification Board that we are no longer desirous of being represented by the said union and request the necessary action be taken to have the Certificate of Recognition cancelled.
Kindly forward all correspondences to…………………………………………………
Regards
The structure of this letter exposes the company’s intent is not to make an application to Board to de-recognise the union but rather to chose a circuitous route by forcing the workers to sign a petition which will be submitted to the Board in the hope that the Board activates Section 31, Poll for continued certification of the Recognition Act.
BCGI is hoping it will find justification/acceptance for its illegal action by using the workers as its shield.  It also confirms that from the outset BCGI never intended to operate consistent with the laws, principles and time-honoured practices.
I have been in industrial relations long enough, dealing with the past and present leadership of the Ministry of Labour and I am fully aware of the origin and writing style/authorship of the letter above. When I meet this individual I shall look him in the eyes and tell him of his betrayal to the workers of this country and his support for the raping of the laws.
The company’s act of soliciting workers to sign a document re union and unionization is illegal. Under the Recognition Act these illegal acts are called Offences by the employer, which clearly states at:
Section 26 (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 of a trade union or shall relinquish his membership of a trade union;
(b) dismiss a worker, or adversely affect his employment, or alter his position to his prejudice by reason of his participation in the activities of a trade union outside his working hours;
(c)  with intent to dissuade or prevent a worker from becoming such officer, delegate or member, or from so appearing or giving evidence, threaten to dismiss him, or to affect his employment adversely or to alter his position to his prejudice by reason of the circumstances that the worker is or proposes to become, an officer, delegate or member of a trade union, or that worker proposes to appear as a witness or to give evidence in any proceeding under this Act.
26. (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 to a fine of $28,000; and the magistrate making the order for conviction shall also order that the worker be reimbursed any wage lost by him and direct that, notwithstanding any rule of law to the contrary, the worker be reinstated in his former position or in a similar position with terms and conditions of employment no less favourable.
It is clear that the longer the Ministry of Labour abandon its lead role and legal responsibility the hazardous and discriminatory treatment to bauxite workers will escalate. The non-compliance by the company to deal with the union based on the Recognition Act is a serious breach and the company must be censored for its conduct. The media, public officials and every law-abiding citizen must not and cannot condone these illegal acts and attacks on fundamental rights by tacit/expressed support to BCGI’s actions, or regurgitation without checking the laws!
Lincoln Lewis

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