Latest update November 23rd, 2024 1:00 AM
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Teachers’ Union was within its right to strike – GTUC tells Court
Kaieteur News – The Guyana Trade Union Congress (GTUC) has expressed its support for the Guyana Teachers’ Union (GTU)’s decision to engage in industrial action.
Attorney-at-Law, Roysdale Forde
In a document submitted to the High Court by Attorney-at-law, Roysdale Forde, the GTUC contended that given the circumstances of the case, the teachers’ union was within its right to strike. Earlier this month, the GTUC was granted permission to join the High Court case of the GTU versus the Government of Guyana. The GTU has challenged Government’s decision to deduct pay from the salaries of striking teachers and also blocking the administration from moving ahead with a decision to discontinue the deduction of union dues from the salaries of teachers on behalf of the Union.
The application filed by the GTUC to intervene in the case was granted by Justice Sandil Kissoon in the High Court. According to its submissions filed on Thursday, the GTUC is contending inter alia that the GTU’s right to strike is an essential component of an effective collective bargaining process. “Further, it is submitted that when good faith negotiations fail, the capacity to collectively withdraw services is critical to the pursuit of collective work place goals.”
The GTUC submitted that in examining whether the GTU was entitled to strike for collective bargaining, the following circumstances should be taken into consideration. The circumstances include, the expiration of time for which the issues remained unresolved, unsatisfied and or unattended; the conduct of the employers; the conduct of the Union; the role and effectiveness of the dispute resolution process.
The Trade Union Congress submitted further that it cannot be denied that from 2020 to the 5th day of February, 2024, the date the Applicant proceeded on a nationwide strike, is an inordinately long period of time, in the context of unresolved, unsatisfied and unattended industrial issues.
The GTUC submitted that the conduct of the Ministry of Education/ Government of Guyana as a whole exposes a glaring disregard of its statutory duty to treat and negotiate with the applicant union “with a view to the conclusion of a collective agreement or the revision or renewal thereof or the resolution of disputes.”
It is the GTUC’s contention that the conduct of the Ministry of Education/ Government of Guyana amounts to a failure on the part of the Ministry of Education/ Government of Guyana to act in good faith and to enter into negotiations with the Applicant Union [GTU] , as where there is a recognised trade union, the employer does not possess the right to make an offer to the employees or to act in a unilateral manner where the employees acceptance would result in one or more terms of employment no longer determined by collective agreement negotiated by the Trade Union.
The GTUC said in a statement showing support to the Union indicated, that as the federated body, under the rules, it is the duty of the GTUC to represent its affiliates on matters of national importance.
The GTUC says it is the largest umbrella Labour Organisation with 14 trade unions that represent teachers, and other workers at universities, and in clerical, technical and skilled trade positions in a variety of areas including mining, education, transport, maritime and local government, electricity, manufacturing, public service, works and sea defence and minibus transportation across Guyana.
“The GTUC wants this nation….to understand that we all stand with our teachers, from nursery throughout our education pursuits. Today the nation’s public-school teachers, from nursery to secondary are demonstrating for better conditions of work. We all have the right and the GTUC as the federated body for teachers stands proud with every single teacher in the struggle.”
Further, the GTUC underscored that the teachers’ right to collective bargaining is protected in the International Labour Convention, the Constitution and Laws of Guyana.
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