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Minister fails to enforce labour laws
…GTUC wants compulsory arbitration for bauxite workers impasse
President of the Guyana Trades Union Congress’ (GTUC), Norris Witter, yesterday wrote to Minister of Labour, Manzoor Nadir on the Guyana Bauxite and General Workers Union and Bauxite Company of Guyana Inc. impasse, calling for him to enforce the provisions of the Labour laws.
According to Witter, having observed the protracted industrial dispute between the GB&GWU and the Bauxite Company of Guyana Inc. (BCGI), and given the apparent reluctance of the Ministry of Labour to seek a resolution, the Congress is calling for compulsory arbitration to resolve the matter. It noted that the dispute dates back to May 2009.
GTUC President Norris Witter
Labour Minister Manzoor Nadir
The GB&GWU is the sole representative for workers employed at BCGI, a fact the Ministry consistently acknowledges, and has been pursuing the issue of negotiating increased wages and salaries and improved working conditions for its members.
To date the union has found it difficult to arrive at a resolution. This same issue has been engaging the attention of the Ministry since November 2009, according to Witter
He said that the failure of the Ministry to use its powers under the law to bring the Company to the bargaining table is of continuous and serious concern to the Congress.
According to Witter, the Congress is conscious that the law makes provision for the imposition of Arbitration similar to what occurred in 1983 when the then Minister of Labour, Kenneth Denny, on April 6, 1983 appointed former Chief Labour Officer, Fred Eytle as Arbitrator under the Labour Act.
On that occasion it was to investigate the trade dispute between Lysons Group of Companies and the Guyana Agricultural and General Workers Union (GAWU).
The terms of reference on that occasion was “To examine generally and specifically the reasons for the deterioration of industrial relations at the Lysons Group of Companies, and having regard to the submissions made to it consider and determine; the suspension of a number of employees in February, 1983 by the Management of the Company; the dismissal of a number of employees by the said Company following a strike called by the Union in February, 1983 and the issue of warning notices to a number of employees for “shortages” occurring during 1982.
The then arbitrator was also to investigate the refusal of the said Company to re-employ 52 employees, who went on strike called by their trade union in February, 1983, on the allegation that they were security risks.”
He said that the Congress sees the impasse at BCGI as similar in content to that of the Lysons Group of Companies, and a precedent of which the Ministry is aware, “yet there is reluctance on the Minister’s part to apply similar measure to bring about a resolution between the GB&GWU and BCGI.”
Witter recalled that in the November 2009 wage dispute between GuySuCo and GAWU the Minister enforced his power under the Labour Act Section and imposed arbitration to resolve the matter.
Some of the affected workers during one of their protest actions
“His promptness to bring about a resolution of the GuySuCo/ GAWU dispute compared with his corresponding reluctance to act on the BCGI/GB&GWU dispute breeds a high level of distrust and gives justification to the workers and union’s claims of discrimination….Similarly, the Minister would find it hard put to dispute the universal held principle that justice delayed is justice denied.”
In his letter to Nadir, Witter said that the GTUC having examined all the factors, is calling on the Minister to enforce his power under the Labour Laws and to apply Compulsory Arbitration by putting in place a panel comprising of three persons which will allow the affected parties “an opportunity to appoint a representative to articulate their position with a view to bringing closure to the extant wages dispute, returning normalcy to the workplace and moreso securing the rights of the workers consistent with the Constitution, Laws of Guyana, international conventions and charters, and time-honoured principles.”
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