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The GTU has flagrantly flouted all the labour laws of this country
Dear Editor,
Recently I was in a conversation with a friend in Guyana when I asked him how are conditions in the workplace, his answer was very bad – he is employed in the private sector – so I told him, why not get the workers to carry out a strike for better pay and better conditions, just like the teachers. His answer was no, because the boss will withhold his pay. And this is exactly the point, The Teachers Union by its continued strike action mistakenly believes that they can hold out in a strike ad infinitum, and force the government to pay them at the same time, this is unrealistic, unreasonable and against civil justice.
At the beginning of this strike, they were informed by the employer that the strike was illegal and there would be consequences, they were not satisfied that caution statement hence they took the matter to court. The court ruled that they have skirted around basic labour rules and need to return to the bargaining table in the true spirit of collective bargaining. They returned to the bargaining table but was obstinate in their resolve, not willing in any way to engage in clean negotiations, hence, that procedure floundered into a stalemate.
The GTU then in belligerent style, returned to court where an obviously confused judge, granted them a convoluted judgement; that judgement is the subject of an appeal right now. It is subject to an appeal based on the fact that the judgement did not come close to anything the union is harping on, that is, unlike the interpretation of the union’s lawyers, Justice Kissoon’s Ruling did not mean that it gave them the right to a never-ending strike.
Secondly, Kissoon’s Ruling never addressed benefits and salaries, which the union’s president is now belligerently making demands on. Matters of salaries and benefits, cannot be dealt with in a court of law, that has to be done between the two parties around a negotiating table. I must inform Dr. Lyte that he should have courted proper legal advice on the pertinent labour laws before calling the teachers out in a prolonged strike. Proper advice on industrial matters would have alerted him to the finer details of industrial action, but Lyte and his political advisor Coretta MacDonald were so consumed with an opposition’s political agenda, that they have misdirected themselves to these important labour rules.
Another labour law he has flouted, is that you cannot hold the employer under duress while making demands at the same time. It is the other way round; you first have to cease all hostilities then sit down to negotiate, there is no bargaining negotiation that can take place under duress. Further still, bargaining is not a winner take all on either side, it means that you meet each other on common ground, you will gain in some areas while in others you will see decreases in your demands, simply put, you must disagree to agree.
The GTU is also guilty as charged, because they have called the teachers out on a prolonged strike and showing no indication that you are willing to compromise, this puts them in a bad light. The Government cannot reward an employee for being off the job indefinitely, that’s the law, there must be resumption before negotiation. Arbitration which is a nice sounding word is also light years away because the legal steps leading up to that point have not been met.
Finally, to mitigate their circumstances, The GTU should quickly get back to the table to negotiate a settlement. The longer the strike goes on, dire would be the consequences and this is not good for the students who are caught in the middle, our children are our future and due consideration must be given to them. At this juncture of our development, we cannot afford the learning loss.
Respectfully Submitted,
Neil Adams
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