Latest update November 23rd, 2024 1:00 AM
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Bauxite Union has not ruled out legal action against RUSAL
Basil Williams
…never discussed option with PNCR –
General Secretary of the Guyana Bauxite and General Workers (GBGWU), Leslie Gonsalves, says that while the Union has not ruled out possible court action against RUSAL-owned Bauxite Company of Guyana Inc. (BCGI) over the dismissal of several workers, the option has never been discussed with the People’s National Congress Reform (PNCR).
According to Gonsalves, the court system is tediously slow. This is coupled with the fact that the government “controls certain aspects of the Court System.”
Gonsalves added that the Union was hesitant about court action, given the fact that it could take a life time.
He further explained that the Union was still waiting to see if the Minister of Labour would reject the reality facing the workers before embracing court action.
“We need to take action one step at a time,” Gonsalves explained.
On Thursday last, Shadow Labour Minister Basil Williams said that while the party is in support of the struggles of the Union, it is they who would have to instigate any court proceedings and they will readily support them.
Williams explained that the bauxite Union was a legal entity and as such the party “can’t just get into the internal affairs of the Union…They would have to approach us for any assistance that they would need in that regard.”
Williams was responding to questions as it relates to why the party did not take up the issue in the courts rather than through a Parliamentary Motion given the history of what happens to opposition motions in House.
He explained that the motion is seeking to have the National Assembly call on the government of Guyana to honour the many conventions of the International Labour Organisation to which it is a signatory and also ensure that the Labour Laws of the country are honoured by all employers more particularly, the RUSAL owned, Bauxite Company of Guyana Inc.
The PNCR is also seeking to have the National Assembly condemn BCGI’s unlawful, arbitrary and unilateral de-recognition of the GBGWU in violation of the Trade Union Recognition Act and calls on the Government of Guyana to present to the National Assembly the Terms of Agreement between the Government of Guyana and RUSAL whereby RUSAL was allowed to carry on bauxite and other business in Guyana.
Additionally, the motion is seeking to have the National Assembly support the demands of the GBGWU for the reinstatement of the dismissed workers. “and the impartial and professional intervention in the dispute by the Chief Labour Officer.”
Williams explained that the Motion is also seeking to have the National Assembly initiate an international appeal for support from all Parliaments in those countries in which RUSAL is presently carrying out any type of business operations as well as seek solidarity and support from all relevant international Organisations.
He explained that the actions of the bauxite company are not isolated. “They have employed similar tactics against workers in other countries in which they have been operating, including the Republic of Guinea.”
Williams told media operatives that in Guinea, their Industrial Relations Manager was recently expelled by the Government following revelations of the, “company’s horrid and offensive labour practices in that country.”
According to Williams, it does not require any expertise in the Law to recognise that the conduct and actions of RUSAL, the owners of BCGI, are in violation of the Laws of Guyana.
Williams posited also that all Guyana is aware that, in the exercise of their constitutional and legal rights, the bauxite workers of BCGI proceeded on strike in November last and, in retaliation, BCGI issued suspension and dismissal letters to most of the workers, 57 of whom are union leaders.
“Some workers were, upon resumption of work and upon condition of being in continued employment, forced to sign a company prepared petition requesting the de-legitimisation of the Union….On 1 December 2009, the company notified the Ministry of Labour, that it had arbitrarily terminated the Collective Labour Agreement and commenced the process of derecognising the legitimate union.”
He explained that the issue has been ventilated in the media both locally and internationally and the Minister of Labour, who should be an impartial mediator, publicly and openly sided with the foreign company by criticising GBGWU for allegedly agreeing to the termination of 75 workers, as claimed by BCGI, but denied by the Union.
He added also that the Labour Minister has failed and/or refused to use the powers vested in him by Law to resolve the trade dispute between the GBGWU and BCGI, despite letters from the Leader of the Opposition requesting his intervention.
“After five months the workers’ dispute remains unresolved and the Minister appears determined to initiate proceedings to derecognise the legitimate Union rather than resolve the trade dispute.”
Gonsalves
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