Minister Nadir continues to abandon his responsibility

Jan 25, 2010 Letters

Dear Editor,

Reference is made to Labour Minister, Mr. Manzoor Nadir’s comments in the article “Nadir dismisses charges of dereliction of duty in bauxite strike” (SN 20th January 2010). At the time of writing the Minister continues to abandon his responsibility under the laws and he must be held accountable.

The Labour Act Chapter 98:01 Section 4 (1) “Powers of the Minister in the case of a dispute” specially says: “Where a difference exists or is apprehended between an employer or any class of employers, and employees, or between different classes of employees, the Minister may, if he thinks fit, exercise all or any of the following powers, namely — (a) inquire into the causes and circumstances of the difference; (b) take such steps as to him may seem expedient for the purpose of promoting a settlement of the difference; (c) with the consent of both parties to the difference, or of either of them, or without their consent, refer the matter for settlement to the arbitration of an arbitration tribunal consisting of one or more persons appointed by the Minister except that the Minister shall not refer a difference for settlement to arbitration otherwise than with the consent of other parties to the difference, unless he notifies the parties that he is satisfied that the continuance of the difference is likely to be gravely injurious to the national interest.”

Since 2nd December, 2009 when talks broke down at the Ministry of Labour the parties have not met. The union and company await further meeting(s) with the Minister or his ministry consistent with his powers as outlined above.

On the 13th January 2010 the Guyana Bauxite and General Workers Union wrote the Minister requesting his involvement, copies of which were sent to local, regional and international trade union federations. The Minister needs to say what action(s) he has since taken to carry out his duty.

Under the Trade Union Recognition Act Chapter 98:07 the Minister is correct that “no company can unilaterally decide to derecognise a union since this falls under the purview of the Trade Union Recognition and Certification Board…[and] that once a union has been certified as the bargaining unit, the employers must deal with the union.”

On the other hand the Minister is playing politics and subscribing to the violations of workers’ rights and the law with the reference that “[o]ver 100 members of the union had applied to the Board, requesting that the union be derecognised.”

The information as we know it, including the Minister, is that the Bauxite Company Guyana Inc has prepared its petition and coercing workers to sign in the hope it can hide behind same and force a de-recognition of the union under Section 31 of the Act.

Most importantly, the fact that the company signaled via public statement and letter dated 1st December, 2009 its intent to move to derecognise the Union then subsequently put systems in place to influence a process further signals the “over 100” signatures were not gotten consistent with the law.

The Trade Union Recognition Act gives the workers sole authority to determine the union of their choice. No employer or any other party can make such determination.

The strike is not over. Workers are still off the job. The rights and benefits workers enjoyed prior to the strike have not been restored. There exists no Terms of Resumption between the union and company. The situation and environment are volatile and must be corrected.

This Minister is aware of these abnormalities and he needs to attend to this matter forthwith. Every day goes by is another day where the rule of law and workers’ rights are being violated by both the Minister of Labour and BCGI. It must stop now!

Lincoln Lewis

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