Dispute Resolution and Settlement in Public Service

Oct 06, 2020 Letters

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Dear Editor,

Effective means of settlement of labour disputes, whether disputes of rights or disputes of interest are determined by the established machinery through consultation, negotiations, and with third party assistance in collective bargaining process, and statutory regulations. When the Trade Union Recognition and Certification Board certifies a trade union as the sole bargaining agent of the workers in any enterprise or industry, the parties usually sign and accede to a collective agreement for recognition and the avoidance and settlement of disputes. Embodied in that recognition agreement is the process for collective bargaining and a grievance or representation procedure, which sets out the various stages through which a grievance or dispute can be processed.

Generally, the procedures include the internal stages for dispute resolution at the enterprise or organization level with specified time frames (may be stages i-iii), failure at the last internal stage is followed by conciliation/mediation (stage iv), and then arbitration (stage v), if there is still an impasse. In other cases, statutory requirements under the Labour Act and the Essential Services Act provide for adjudication by means of arbitration by an industrial tribunal for final and binding resolution.

Procedures for dispute resolution in the Public Service (Civil Service) are outlined in a Memorandum of Agreement between the Guyana Public Service Union and the Public Service Ministry for the avoidance and settlement of disputes in the civil service, as follows:

“Clause 3: Representation Procedure:

Stage I A member, individually or accompanied by not more than one, or in the case of group representation not more than two members of the Branch Grievance Committee, may approach the Supervisor/Sectional Head in the first instance with a view to avoiding a dispute or settling a matter in dispute. The Supervisor/Sectional Head shall endeavour to do all he/she possibly can to effect a satisfactory settlement within two (2) days.

Stage II Failing a settlement at Stage I, the member and/or his Branch Grievance Committee may approach the Head of the Personnel Unit of the particular Ministry/Department for a settlement. The Head of the Personnel Unit shall endeavour to meet the member and/or his Branch Grievance Committee as early as possible, but within two (2) working days in an effort to effect a settlement.

Stage III Failing a settlement at Stage II, the Branch Secretary and/or the General Secretary of the Union may request in writing a meeting with the Permanent Secretary/Departmental Head who shall endeavour to hold such a meeting as soon as possible, but within five (5) working days in an effort to bring about a satisfactory settlement of the matter.
Stage IV Failing a settlement at Stage III, the Grievance Committee of the Union may then refer the matter to the Permanent Secretary of the Public Service Ministry in writing. The Permanent Secretary, Public Service Ministry shall endeavour to meet the Grievance Committee of the Union as soon as possible, but within two weeks, for the purpose of discussing the matter or matters in dispute, and shall endeavour to effect a satisfactory settlement with all dispatch.

Stage V Failing a settlement at Stage IV, the matter may be referred by either side within fourteen (14) working days to the Ministry of Labour for conciliation.

Stage VI Failing settlement at Stage V, the matter may be referred by either side within fourteen (14) days to Arbitration. The Arbitration Panel shall consist of one member nominated by the Public Service Ministry, one member nominated by the Union and a Chairman agreed upon by the Public Service Ministry and Union. In the event of the parties failing to reach agreement, the Chairman shall be nominated by the Minister of Labour. Any award by the Tribunal shall be final and binding.”

This agreement between the union and the government also provides for other existing statutory machinery for arbitration or other legal machinery which may be established by the National Assembly as set out in the words of the Agreement: “none of the above clause shall be interpreted to preclude the right of either the Ministry or the Union to make use of any existing or future national or other industrial machinery that may be legally established from time to time”. (Clause 7)

This Recognition Agreement further affirms the established principles and norms in the practice of industrial and Labour relations during the stages of negotiations set out above “that there shall be no lock-out by the Ministry concerned nor any strike, stoppage of work whether of a partial or a general character by the Union, refusal to work, slow down or retarding of production on the part of the Union, nor shall there be reduction of the normal level of output by any members of the Union”.

General collective matters of interest (interest disputes) i.e. over wages/salaries, and other remuneration matters are usually processed from stage IV as stated above.

Yours truly,
Samuel J. Goolsarran

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