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May 21, 2013 Letters
Dear Editor,
The Guyana Bauxite & General Workers Union (GB&GWU) applauds the workers of the Guyana Power & Light (GPL) and their union, the National Association of Agricultural, Commercial and Industrial Employees (NAACIE), for the just concluded Arbitration Award.
This is a moment to pause and acknowledge the rights of persons to freedom of association and collective bargaining. These rights are guaranteed to all under the Guyana Constitution. The GB&GWU also takes note of the role the Government played, through Labour Minister Nanda Gopaul, under the Labour Law to bring a speedy resolution to the dispute. The due diligence to this matter is good, but it would be better for Guyanese workers if all were so treated.
While our colleagues in NAACIE today rejoice over the fight for justice, which the GB&GWU wholeheartedly supports, it cannot be lost sight of that on the other hand the GB&GWU has been waging a battle since 1st January 2009 to get the Bauxite Company of Guyana Incorporated (BGCI) to respect the workers’ right to freedom of association and collective bargaining, which the Government has made a conscious decision to ignore.
Given the similarity of NAACIE and GB&GWU, it shows a clear case that while the Laws of Guyana are made to protect the rights of every Guyanese, under the PPP government a section of this society will never be so respected. To get any respect, those targeted for marginalisation will have to fight longer and harder.
The workers at BCGI are citizens of this country, who are bound to abide by and be protected by the same laws. The BCGI is owned by the Government of Guyana (i.e. the People of Guyana) and Russia Alumina, registered under the Guyana Laws, and must therefore comply with the laws.
That the country continues to see different treatment for different workers, and a government partnering with foreigners to trample on the citizens, can only be corrected through bold action.
As a trade unionist and regional councillor, having noticed, and in support of the opposition’s action to demand some legitimate compliance from the government on other matters before supporting the Anti-Money Laundering Bill, the workers of BCGI are also demanding that the opposition places their matter on the table as a condition for their support.
It is a violation of justice that the Minister of Labour’s letters to the parties (GB&GWU and BCGI) on 29th February 2012 imposed arbitration to resolve the dispute, but this has not begun. It is also opportune to note that the government’s commitment to the court to re-issue letters to the parties in respect for the company’s registered name is still not issued. This undertaking was given in response to the case made by BCGI, before Justice Ian Chang, that the letter sent to the company was not consistent with the name by which the company operates and therefore the company is not legally binding to respect the Minister’s directive.
Under the Laws of Guyana the workers of NAACIE are equal to the workers of GB&GWU and if NAACIE and GPL’s grievances were resolved in less than a year, it is criminal to have the GB&GWU and BCGI’s grievances outstanding for more than four years! This is injustice and inequity of the highest order and the membership of GB&GWU demand an end to it, now!
Background
Via letter of 29th February 2012, the Minister of Labour, Dr. Nanda Gopaul, using the discretion granted by virtue of Section 4 (1) (c) of the Labour Act Cap. 98:01, invoked arbitration, with the following terms of reference:-
“To enquire into the difference between the Guyana Bauxite and General Workers Union and the Bauxite Company of Guyana Incorporated (BCGI-RUSAL) specifically to determine whether the company and or the union has indulged in prudent industrial/labour relations practices and whether or not they have complied with all known labour and industrial relations laws and conventions as they relate to:
1. The wages dispute between the Company and the Union with respect to the period January 1. 2009 to December 31, 2010 which resulted from the application of Term # 7 of the terms of Resumption signed between the Company and the Union on August 25, 2009
2. The dispute which led to the suspension of sixty seven 67 workers who protested unsafe working condition at the Company’s operation during the period May 2009.
3. The dispute between the Company and the Union with respect to the dismissal of fifty seven (57) employees from the Company during the period December 1-10, 2009.
4. The dispute between the Company and the Union with respect to the dismissal of five (5) employees namely; (1) Winsworth Blair, (2) Elmiton Mc Almont, (3) Laurel George, (4) Marcel Odonoghu and (5) Lennox Daw, who were in protest over conditions of storage of food material in areas allegedly infested with rodents and roaches, and the use of the said food materials in the kitchen to prepare meals for staff at the Aroaima Location.
5. The alleged threatening of workers by the General Manager of BCGI, Mr. Ruslan Volokhov on May 8, 2011 who were protesting the non-availability of potable water at the camp site in Aroaima.”
Leslie Gonslaves
President- GB&GWU
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