THE MINISTER OF LABOUR SHOULD RESIGN

Apr 11, 2010 APNU Column, Features / Columnists

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In a Press Release, dated Wednesday 7 April 2010, the PNCR advised that it had submitted to the National Assembly a motion of no confidence in the Minister of Labour, Mr. Mansoor Nadir.

The motion calls, inter alia, on the National Assembly to express its lack of confidence in the Minister of Labour, Mr. Mansoor Nadir, over the manner in which he has failed to carry out his legal responsibilities for the settlement of trade disputes, particularly, the dispute between the GB&GWU and BCGI, which is owned by the Russian company, RUSAL; his failure to represent the interest of workers as evidenced by his failure to speak out on the withdrawal of the check-off system for union dues of public servants associated with the GPSU; his open support for the withdrawal of the subvention approved by the National Assembly to the Critchlow Labour College; and, his failure and /or reluctance to ensure that the Government of Guyana honours the many conventions of the ILO to which Guyana is a signatory.

Among the other resolve clauses of the motion are, that the National Assembly,

· calls on the Government of Guyana to honour the many conventions of the ILO 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.;

· condemns BCGI’s unlawful, arbitrary and unilateral de-recognition of the G.B.& G.W.U 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;

· supports the demands of the G.B&G.W.U for the reinstatement of the dismissed workers and the impartial and professional intervention in the dispute by the Chief Labour Officer; and,

· initiates 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.

RESPONSIBILITY OF MINISTER OF LABOUR

The Minister of Labour is charged with the responsibility of ensuring compliance with the provisions of the Labour Act Cap. 98:01 and the Trade Union Recognition Act, Chapter 98:07. These Laws confer substantial powers on the Minister of Labour to take prompt and decisive action to settle cases of trade disputes and protect the rights of Guyanese workers. Section 37 (1) of the Trade Union Recognition Act further empowers the Minister to make regulations generally for carrying out the provisions of that Act, including, regulations prescribing anything which is to be prescribed under this Act. In addition, the Government of Guyana is a signatory to ILO Conventions Nos. 87, 98, 135,154,158 and 163, which impose the obligation on the Government to protect and advance the rights and interests of Guyanese workers.

G.B. & G.W.U.: THE RECOGNISED UNION

The Guyana Bauxite and General Workers Union (G.B. & G.W.U) is the recognised Trade Union for workers employed with the RUSAL-owned Bauxite Company of Guyana Inc. (BCGI)’s at Kwakwani, Berbice. The Union, representing its members, entered into negotiations with the Company some years ago and there exists a Collective Labour Agreement (C.L.A), which is of three years duration – beginning from 1st January 2008 and ending on the 31st December 2010.

It should be noted that Section 28 (A) (1) of the Labour Amendment Act of 1984 makes every written Collective Labour Agreement legally enforceable, except where the Parties agree otherwise.

THE RUSAL & BAUXITE WORKERS DISPUTE

All Guyana is aware that, in the exercise of their constitutional and legal rights, the bauxite workers of BCGI proceeded on strike on 22 November 2009 and, in retaliation, BCGI issued suspension and dismissal letters to most of the workers, fifty-seven 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-legitimization 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.

This issue has been ventilated in the media both locally and internationally. The Minister of Labour, who should be an impartial Mediator, publicly and openly sided with the foreign company by criticising the Guyana Bauxite and General Workers Union (GB&GWU) for allegedly agreeing to the termination of 75 workers, as claimed by BCGI, but denied by the Union.

Meanwhile, he has failed and /or refused to use the powers vested in him by Law to resolve the trade dispute between the GB&GWU and BCGI, despite letters from the Leader of the Opposition requesting his intervention, letters from the Union, and appeals by local and international organisations.

After five months the workers dispute remain unresolved and the Minister appears determined to initiate proceedings to derecognise the legitimate Union rather than resolve the trade dispute.

LABOUR MINISTER’S POWERS UNDER GUYANA ’S LABOUR LAWS

It is, therefore, appropriate that Guyanese are made aware of the enormous powers of the Minister of Labour under our existing Labour Laws. Section 4 of the Labour Act Cap. 98:01 of the Laws of Guyana delegates powers to the Minister of Labour in cases of trade disputes including:

(a) inquiring into the causes and circumstances of the difference;

(b) taking such steps as to him may seem expedient for the purpose of promoting a settlement of the difference; and,

(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.

Section 6, of the said Labour Act gives the Minister of Labour the power to appoint an Advisory Committee in case of existing or apprehended trade disputes, which Committee shall inquire into the matters referred to it and shall report thereon and make such recommendations as it may deem expedient to the Minister.

The Trade Union Recognition Act, Chapter 98:07, provides for the improvement and promotion of industrial relations by the establishment of procedures for the certifying of trade unions as recognised majority unions and for the matters connected therewith. Section 23 (1) of this Act states that where a trade union obtains a certificate of recognition for workers comprised in a bargaining unit, the employer shall recognise the union, and the union and the employer shall bargain in good faith and enter into negotiations with each other for the purpose of collective bargaining.

Section 23 (3) of the said Act states that an employer who fails to comply with the provisions of subsection (1) shall be guilty of an offence and liable on summary conviction to a fine, and, in addition, to a fine for every day the breach continues until the employer has complied with such provisions.

Section 26 (1) of the said Act states that no worker shall be dismissed, or have his employment adversely affected, or his position altered by his employer, by reason of the circumstances that the worker,

(a) is an officer, delegate or member of a trade union; or,

(c) has for reasonable cause absented himself from work without leave after he has made an application for leave for the purpose of carrying out his duties under the Act as an officer or delegate of a trade union and such leave has been unreasonably refused or withheld.

If an employer contravenes any of the above provisions, that employer shall be guilty of an offence and liable on summary conviction to a fine, 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 does not require any expertise in the Law to recognize that the conduct and actions of RUSAL, the owners of BCGI, are in violation of the Laws of Guyana. Furthermore, the conduct and actions of this company are not new, as they have employed similar tactics against workers in other countries in which they have been operating, including the Republic of Guinea.

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.

The Minister of Labour of Guyana has an obligation to equally protect the rights of the workers and ensure that the Laws of Guyana are not wilfully and wantonly disregarded. He has, however, persistently refused to carry out his obligation to protect the interest of Guyana’s workers.

The behaviour of this Minister and his predecessors, PPP Ministers of Labour, have been consistent in this regard.

DISMAL RECORD OF MINISTER

The incumbent Minister has a record of not representing the interest of the workers, as evidenced by his silence and /or refusal to speak against the PPP/C Administration’s unilateral cessation of the check-off system for union dues from public servants for the Guyana Public Service Union (GPSU).

He has remained silent over the abandonment of collective bargaining by the PPP Government in violation of ILO Conventions (Nos.87,98, 135,154,158 and 163) to which Guyana is a signatory.

The Minister has also openly in the National Assembly of the Parliament spoken in support of the wilful and malicious withholding of subventions approved by the Parliament for the Critchlow Labour College, followed by the refusal of the PPP Administration to make any further allocations to facilitate workers education at that College.

Such a dismal anti-workers record cannot inspire confidence of the workers of Guyana that the incumbent Minister would ever impartially represent their interest and ensure that the labour laws of Guyana are honoured.

The motion, moved by PNCR Shadow Minister of Labour Basil Williams and seconded by PNCR Chief Whip, Lance Carberry, will provide an opportunity for the Minister to be exposed. In the interest of the workers and for the sake of Guyana, the Minister should avoid such an embarrassment and, unlike his predecessors, Ministers Gajraj and Ramsammy, do the right thing before any debate in the National Assembly:

RESIGN!

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