Bauxite union presents case to TURB

Jan 14, 2010 News

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…but warns only justice will be accepted

As a two-month old standoff continues between the Guyana Bauxite and General Workers Union (GB&GWU) and RUSAL’s Bauxite Company of Guyana Inc. (BCGI), the union yesterday charged that the company and the Ministry of Labour are involved in acts inimical to the best interests of bauxite workers.
The union made the assertions during a meeting with the Trade Union Recognition and Certification Board (TURB) at the Ministry of Labour.
In a released copy of the presentation made to the Board, the union urged that the decisions made by the body be legally binding and honoured by all involved.
“The matter before the Trade Union Recognition Board is about the Laws of Guyana and the respect for workers and individual’s rights consistent with these laws. The prism of race and political affiliation which appear to be underpinning events that took place in this industrial dispute are unfortunate, and we hope that such undertones will have no part in influencing the application of laws and rights within the ambit of the TURB.”
In making the case against the Ministry and BCGI, the bauxite union said that it was evidenced by the refusal of the company to meet with them to discuss matters pertaining to workers’ welfare in as much as there exists a legal Certificate of Recognition between the parties. Additionally, there is the company’s “actions of coercing members of the Union to sign a company prepared petition to request a poll” with a view to de-recognising the Union.
Further, there are the public statements reported in the press where the Minister of Labour said the Ministry has not conducted an investigation to determine whether the signatures were taken fairly and not under duress yet opined that it “may indicate that those signatures were not given of free will.”
Quoting the Trade Union Recognition Act, the union said that consistent with the laws the Trade Union Recognition and Certification Board under its seal has issued a Certification of Recognition for a specific group of workers employed by the Bauxite Company Guyana Inc.
“The Minister’s public statement as reported in Stabroek News, January 2, 2010 that “I can’t say as gospel, that it may indicate that those signatures were gotten of free will” even as he admitted that his Ministry did not conduct an investigation to determine if the signatures were taken fairly and not under duress, raises serious questions as to the intent of the ministry.”
According to the union, workers have indicated that they were approached by supervisors and management representatives to the sign the petition because the company will be getting a new union to represent them.
“A number of employees have indicated to the Union by way of a signed document that they were approached by representatives of the management to sign the company’s prepared petition. To protect these employees from being victimized this document will not form an appendix to this memorandum but a copy will be given to the Chairman of the Board in whom we have implicit (confidence) and would use this information to advise his colleagues while protecting Bauxite workers from further workplace victimization.”
The union also complained that an agreement between the company and its employees who are members of the Union for a weekly deduction of Union dues from their wages and to have same remitted to the GB&GWU has been arbitrarily ceased even while the agreement says that the deduction will be ceased based on an authorized revocation form submitted by the worker/member to the company.
The union further argued in its statement to the Board that consistent with the law, BCGI has no authority to terminate a Collective Labour Agreement between itself and the GB&GWU. “Signalling its intent to move to have the Recognition Agreement terminated should also be noted. The Union has taken the opportunity to bring these grave transgressions to the Board’s attention and wishes to make it abundantly clear that until such time that the TURB has taken a decision consistent with the Laws that the Union no longer represents the workers as prescribed under the Certificate issued by this Board dated 4 April 2008, the GB&GWU is the recognised Bargaining Agent and as such we call on you to use your authority vested in the Act Part II (11) to have all concomitant agreements respected and upheld.”
According to the union, the case is a clear attack on workers’ rights and the rule of law. “The GB&GWU therefore sees no reason why this matter should not be treated with the urgency it deserves to ensure that BCGI and all other parties involved/concerned respect the rule of law and workers’ rights.”
GB&GWU said that it anticipates TURB’s impartial intervention but warned that nothing short of justice and fair play will be accepted for the cause of the Bauxite workers…”
In November, RUSAL’s workers went on strike for increased pay shutting down the Aroaima and Kwakwani sites. RUSAL subsequently announced that it was seeking to “derecognize” the union since it has breached the CLA several times in 2009.
More than 50 workers, including the union’s shop stewards, were dismissed as workers returned back for the Christmas and sites restarted operations.

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