Union writes Parliament for changes to the union recognition law

Oct 12, 2016 Letters

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Dear Editor;
The People United and General Workers Union (PUGWU) on September 30, 2016 via email made submissions to the Two (2) Parliamentary Political Parties (APNU+AFC and PPP/C) and His Excellency David Granger President of the Cooperative Republic of Guyana, urgently requesting that the parties(MP) of the National Assembly on the next sitting of the National Assembly (tentatively set for October 13) table and pass a Motion that will pave the way for the Parliament to amend/modify the Guyana Trade Union Recognition Act CHAPTER 98:07.
Present Union dues deduction and remittance procedures used in Guyana;
(1) The present union dues deduction and remittance that is conducted in Guyana through Collective Labour Agreement (CLA) made between Companies and Trade Unions is being done based on the principle of the Union being issued with a Certificate of Recognition by the Guyana Trade Union Recognition and Certification Board but this principle is not law, in some instances companies ask trade unions to give up items from the CLA before they grant the Union’s request for deduction and remittance of union dues.
Whenever a Union gives up an item(s) from its  CLA, every item(s) given up by the union is a loss for the workers.
(2) Trade Unions are mandated in keeping with their registered constitutions/rules to issue Union dues form that will provide for membership and monthly/weekly/fortnightly dues.
(3) It is at the discretion of an employer whether to allow the Union executives or its representatives (who are not employed by the employer) to visit, and if allowed to visit the worksite the employer decides the number and which Union executive officers or its representatives (to visit), the time period and place for any meeting(s). Also the frequencies of the meeting(s).
Proposed Amendments
(a)  Check-off of union dues-An employer to deduct dues of a registered trade union from an employee’s wages if that employee has authorized the employer to do so and remit dues to the Union.
(b) Union dues form- a registered trade Union to print and furnish membership dues forms after it is approved by the Union in accordance with the provision of the Union’s registered constitution.
(c) Agency Shop Agreements- A recognised trade union and employer to conclude a collective agreement that provides for an Agency Shop deduction and remittance.
(d) Trade Union access to the workplace – Any office-bearer or official of a representative trade union is entitled to enter the employer’s premises in order to communicate with an employee who comprises the trade union bargaining unit and generally to provide service to members.
Some of the Benefits that the proposed amendments will bring to workers and their unions.
Check-off of union dues
With the employer legally mandated to deduct authorised workers’ union dues and remit same to the Union, this will ensure a timely and orderly delivery of deducted dues to the Union and will ensure the smooth operation and delivery of services to members and workers who fall within the Union bargaining unit. Similarly as employers are legally mandated to deducted workers (P.A.Y.E) and to remit same to Guyana Revenue Authority (GRA)/Government.
Dues Deductions form
Prior to signing the Union dues deductions forms, the workers are given a detailed explanation on the rules, the Union’s purpose, and representation policies, to such worker(s) and the general services and benefits the union will provide within the context of the agreed to be paid union dues.
Agency Shop Agreements
(a) It is extremely unfair for some workers (Union members) to pay Union dues, while others are not paying but are enjoying and benefiting from the dues paid by members to the Union to conduct said functions etc. therefore it is important for non-members to equally share the expenses arising from the before mentioned functions and services to be provided by the Union.
(b) With the maximum income to be acquired from union dues plus agency shop dues, the union would be able to provide a greater service and provided more benefits e.g. training and capacity building etc.
Trade Union Access to workplace
To have a very healthy industrial relations environment, it is an imperative that the Union executive/representatives be given access to visit the worksite(s) this will provide the following benefit;
(a)  The Union executives/representatives will get a first-hand insight of the general working conditions and where there are deficiencies will make recommendations to the Company site managements for corrections and improvement.
(b)  Being on regular site visits the Union executives/representatives will be able to deal with issues, grievances, industrial accidents or death that can lead to serious industrial unrest for which the Union executives/representatives would meet with the workers/branch officers and site management in an effort to defuse the impending industrial unrest.
(c)  A trade union cannot make effective and productive representation and negotiate proper draft CLA (including improved working conditions for its members/workers who falls within the Union bargaining unit) if the Union just meet with the employer and conduct the meeting without first visiting the worksite in which its members work so as to get a firsthand look and assess the conditions that the said workers are working under.
Micah Williams

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