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Workplace polls in legal jeopardy

Apr 18, 2018 News

– after court rules Trade Union Recognition board illegal

A decision in 2015 to appoint a new board for the all-important Trade Union Recognition and Certification Board (TURB) without conforming to regulations is coming back to haunt those responsible.
Last year, the High Court ruled that the previous board was not only illegal but there were questions over the selections of the members of the board.
The fact that the board which is certified to represent workers at business places, and which regulates how unions bargain, is not legal, would raise questions about the legality also of a number of recognition polls that were held.
In fact, a few weeks before the November court ruling by Justice Sandil Kissoon, the TURB had held a recognition poll at the Bauxite Company of Guyana Inc. (BCGI)/Rusal, worksites, in Region 10, with the Guyana Bauxite and General Workers Union (GB&GWU) recording 93% of the votes, over the National Mines Workers Union.
The legality of that poll and others are now being questioned.
A new board has reportedly not been named.
The absence of a board would also affect or delay any union that wants recognition at a particular work place.
In April 2016, the Federation of Independent Trade Unions of Guyana (FITUG) filed action actions against TURB.
After several months of back and forth, the matter came up for hearing on September 11, 2017.
The judge after submissions and argument, both oral and written from both sides, ordered and declared that contrary to the Trade Union Recognition (Amendment) Act 2009, FITUG, the biggest union body, was not consulted prior to the appointment in 2015 of the Chairman of the Trade Union Recognition and Certification Board.
Judge Kissoon ordered and declared that there was non-compliance with the amendment to Section 5 of the Trade Union Recognition Act 1997 as set out in the aforesaid Amendment Act 2009 in the 2015 appointment of the Chairman and Trade Union representatives.
Justice Kissoon found also that FITUG was the most representative organization of workers in Guyana.
“And it is further ordered and declared that the Trade Union Recognition and Certification Board thereinafter referred to as the Board set up in 2015, was not established in conformity with Trade Union Recognition Act of 1997 as amended in 2009 and was therefore not established in accordance with the existing law, and it is further ordered and declared that the plaintiffs have not been duly recognized and treated in accordance with the law, and consequently the aforesaid board cannot be regarded, recognized and treated as being in accordance with the law and it is further ordered that costs be taxed for the plaintiffs.”
The TURB was reportedly chaired by Justice (Ret’d) Claudette La Bennett.
FITUG had argued that it was not consulted on the appointments and despite being the most representative workers organization, it was only given one seat on the seven-person TURB.

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