The trade union, NAACIE is disrespecting the laws of Guyana

Sep 18, 2017 Letters

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Dear Editor,
The non-management workers employed with Bosai Minerals Group (Guyana) Inc. (BMGGI) have lost confidence in the representation over a number of years by the National Association of Agricultural Commercial and Industrial Employees(NAACIE) which is the current bargaining agent for the said workers. The workers requested to be represented by the PU&GWU and as such the PU&GWU in keeping with the Guyana Trade Union Act./Laws of Guyana, made an application to the Guyana Trade Union Recognition and Certification Board(TUR&CB) seeking a Certificate of Recognition to become the bargaining agent for the said workers.
The TUR&CB via letter informed the PU&GWU that the PU&GWU have over 50% support of the non-management workers and as such the GTUR&CB ordered a poll to be conducted to determining which of the two (2) unions (NAACIE and TPU&GWU) will become the bargaining agent for the non-management workers of BOSIA. On September 4, 2017 a meeting was held in the boardroom of the Ministry of Social Protection (Labour Department). Present were representatives of the Ministry/GTR&CB(who chaired the meeting), General Secretary of TPU&GWU, and the Senior Personel Manager of BOSIA along with Mr. Norman McLean consultant to BOSIA. The parties reached and signed off an agreement on modalities of a poll which will be held on October 11, 2017 between the PU&GWU and NAACIE and the outcome of the poll will determine which of the two Unions will be certified to become the bargaining agent for the non-management workers of BOSIA.
A number of workers of BOSIA continues to meet and make contact with the PU&GWU bitterly complaining that they are being advised by officers of NAACIE that no poll will be held between PU&GWU and NAACIE since NAACIE officers claim they have over 50% of the non-management workers who are their members and the poll that was decided/order by the TUR&CB cannot be conducted and further the NAACIE has written to the TUR&CB stating that the TUR&CB decision for a poll to be conducted is in branch of sections of the Trade Union Act. (The section was stated in the letter and a copy of the letter was given to PU&GWU) And if the TUR&CB proceed with the poll NAACIE will take legal actions.
Sction 21 of the Guyana Trade Union Recognition Act clearly states as follows: “Provide that where a certified Union is being challenged and the challenging Union satisfies the Board, by means of a survey, that the support of the challenging Union among the workers in the unit is not less than forty per cent, the Board shall cause a poll to be taken, but the certificate of recognition of the challenged Union shall not be cancelled where the challenging Union fails to obtain a majority of not less than forty per cent amongst the workers in the unit.”
The People Union and General Worker Union fully support the move by the Guyana Trade Union Recognition and Certification Board to order the poll between the two Unions because if NAACIE have over 50% support of the non-management workers/bargaining unit and the PU&GWU also have over 50% of said bargaining unit/non-management workers it means that members out of NAACIE membership have joined the membership of the PU&GWU so the only way the TUR&CB can address this matter is send it to a poll and let the bargaining unit/non-management workers vote for which of the two Unions they want to represent them not forgetting that it is the constitutional rights of workers to choose/elect a Union of this choice and as such their rights must be respected
NAACIE also refused and did not attended any of the modalities meetings at the Ministry of Labour that relates to the poll although they were invited; the behavior of NAACIE leaves the PU&GWU wondering if they really respect the laws of Guyana which provides for workers to elect a Union of their choice and if they really have workers/their members choice or interest at heart? Better is expected from NAACIE since they are a Union that has been operating and representing workers over a number of years before the PU&GWU was established, further NAACIE was involved in similar or same kind of exercise whereby in the past they have challenged at a poll the Guyana Bauxite and General Workers Union at Omai Gold Company.
Why is NAACIE not cooperating to take part or be supportive to allow the poll to be conducted? Is it afraid that the PU&GWU will win? If it is confident it has over 50% support of the non-management workers then it should not have any problem heading to the poll not forgetting the Trade Union Recognition Act. Provides for the certify Union (NAACIE) certificate not be cancelled unless they lose at the poll to the challenging Union. In closing the PU&GWU will like to state that International Labour Organization (ILO) Conventions No. 87, Right to Freedom of Association that Guyana signed onto also provides for workers to be associated with any Union of their choice so if NAACIE don’t want to respect the rights of workers then at least they should respect the Laws of Guyana.
Micah Williams
General Secretary
The People United and General Workers’ Union

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