Latest update April 24th, 2024 12:59 AM
Oct 20, 2017 Letters
Dear Editor,
This letter is addressed To: Mr. Charles Ogle, Secretary Guyana Trade Union Recognition And Certification Board. We kindly ask that you publish it in your newspaper. . The letter follows. Due to the procedural errors or irregularities that took place during the October 11, 2017 poll between The People United and General Workers Union (TPU&GWU)and National Association of Agricultural Commercial and Industrial Employees (NAACIE) at Bosai Minerals Group (Guyana) Inc, TPU&GWU hereby respectfully request that the Guyana Trade Union Recognition and Certification Board issue to TPU&GWU a Certificate of Recognition to become the bargaining agent for the non-management workers of Bosai or order a second poll to be carried out.
Section 21-3 of the Guyana Trade Union Recognition Act states as follows;’ “Where the results of the poll show a tie or are inconclusive, a second poll shall be carried out within seven days, and in the event of a second tie or the results inconclusive, a further poll shall be conducted within fourteen days’’
Result of poll conducted on October 11, 2017 are as follows:
(a) Total eligible voters 378(Names stated on the first/ original list).
(b) Total workers voted for TPU&GWU-132.
(c) Total workers voted for NAACIE-89.
(d) Total votes spoiled-3
(e) Grand total of workers who voted 224
The procedural error and/or irregularities that took place during the proceedings of October 11, 2017 poll are as follows:
(1) Breach of signed Modality Agreement dated September 4, 2017-consistent with the Modality Agreement that the Ministry Labour/TUR&CB, TPU&GWU and Bosai signed and agreed to, stated that there will be three(3) polling station, but on the day of the poll(October 11, 2017) Mr. Dexter Semple (who head the Ministry/TUR&CB team) told the PU&GWU that he changed/reduced the polling station from three (3) to two(2).
(2) Second, Breach of signed Modality Agreement-The Modality Agreement provides that after the voters’ list is approved it will be posted on the Company’s three (3) notice boards at the polling stations on September 30, 2017 which was done, but on the day of the poll, Mr. Semple presented to TPU&GWU and NAACIE two (2) new voters’ lists that were used at plant polling stations and one list that was used at the mines polling station
(3) Inconsistency and inequality with the 2 voters lists -The first original voters’ list comprised a list of eligible voters of 378 but the second voters list comprised 369 of which of 9 person were short from the original list.
(4) illegality of second list- the second list did not past through the objection period as agreed to in the Modality Agreement dated September 4, 2017 and in keeping with elections laws which guided the process since the list was presented on the day of the poll.
(5) The Third breach of Modality Agreement dated September 4, 2017-when mines workers showed up at the plant polling station to cast their votes they were told that things have changed and as such, they have to go to the mines polling station to vote, which is a long way from the plant polling station. The workers argued that this was not in keeping with the first/original voters list that was posted on all three of the polling stations on September 30, 2017 and how come the change was made on the very day of the poll? And why they were not notified earlier? They furthered stated that they do not have any transportation to go to the mines to vote and as such it leaves them with no other choice but to go back home since some of them was on off duty for days/weeks.
(6) Transgressing on PU&GWU rights to elected scrutineers of its choice- a few days before the poll via telephone conversation Mr. Semple informed the TPU&GWU that it have to summit not more than three (3) Scrutineers /persons who will work at the three(3) polling station on behalf of the TPU&GWU but the Union cannot and must not submit Mr. Winswarth Blair/Union member name since Bosai do not want him present at any of the polling stations but NAACIE was given the full privilege to elect any three persons/members as scrutineers.
(7) Breach of normal election protocol-on the day of the poll at the plant polling station, NAACIE had two (2) scrutineers who were interchanging and going around the work site(campaigning and soliciting support) telling workers to vote for NAACIE and accompany most/all of the same workers to the polling station.
(8) Second Breach of normal election protocol-a worker moved around the worksite and walked into the plant polling station with a jersey that had NAACIE name stated on it and he was allowed to vote and was not put out of the polling station etc.
(9) Intimidation by management to solicit votes in favor of NAACIE-a number of workers complained to the TPU&GWU that they felt intimidated/fearful of losing their job after they were instructed by management, supervisor and General Manager of Bosai Minerals Group (Guyana) Inc. that they must vote for NAACIE Union.
(10) Second intimidation by management to solicit votes in favor of NAACIE-a number of workers complained to TPU&GWU that they were instructed by Management,supervisors, etc. of Bosai that they must vote for NAACIE and if they do not do same they will not receive a 6.5% wage increase in year 2017 that was already agreed to between NAACIE and Bosai.
(11) Third intimidation by management to solicit votes in favor of NAACIE-a number of workers complained to TPU&GWU that they were told by Management, supervisors, etc. of Bosai that if they vote for TPU&GWU and TPU&GWU win the poll they will not receive the 6.5% wage increase for 2017 that the Company and NAACIE already agreed to since if the TPU&GWU wins the poll TPU&GWU and the Bosai will have to start fresh wages negotiations for year 2017 and said negotiations will prolong until year 2018.
(12) Bosai did not issue cards for vote to all workers-During the Modality Agreement on September 4, 2017 Bosai stated that all the workers employed with Bosai have a Company Identification Card and if any of the worker cards are misplaced or damaged they should make a request to Bosai and Bosai will immediately replace their cards but before the polling date workers approached and made request to Bosai for the cards to be replaced or issued but all of them did not receive cards. Some of the workers on the polling day asked Bosai for company ID cards so they can vote but they was told they cannot get any of the card since the photographer is not available.
The result of the poll dated October 11, 2017 show clearly that a majority of the workers in the bargaining unit that was given the opportunity to vote give their full support to elect TPU&GWU as the bargaining agent but if the election was or is conducted in a free and fair manner the workers’ rights of electing a Union of their choice in keeping with the laws of Guyana would be honoured
Micah Williams
General Secretary
The People United and General Workers Union
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