Submitted by Guyana Bauxite General Workers Union

The GB&GWU met today with representative the Trade Union Recognition and Certification Board at  the Board’s invitation to work out the modalities to conduct a poll “for continued certification of the bargaining unit.” The Union communicated to the Representatives that in principle it is not objecting to the activation of ‘Poll for continued certification’ Section 31 of the Recognition Act which says, “On an application made by a minimum of forty per cent of workers in a bargaining unit for which a union is certified the Board shall cause a poll to be taken to determine whether the union shall continue to be so certified.” But in order for such a process to proceed the Board and the parties involved are bound by universal principles, procedures, practices, and laws to adhere to due process. As such the Union is seeking clarification on:

1. Has the Board investigated the Union’s complaint that was presented to it in writing on 12th January 2010?
2. Has the Board in considering the request for de-recognition addressed the 4th  April 2008 Collective Labour Agreement signed between the Union and BCGI which prescribes how an employee becomes a member and how s/he ceases to be?
3. Has the Board checked the rules of the Union and its records to verify whether the names that purportedly appeared on the list in its possession are dues paying members of the Union?
4. Has the Board verified the signatures appended to the document in its possession and are the signatures workers that fall within the bargaining unit? In fact has there been any verification process executed to justify the Board’s conclusion that the signatures before it are true and correct?  NB- The Union too has a list of workers attesting to being coerced to sign the company’s prepared petition. A copy of that list was presented to the Chairman, Justice Prem Persaud, in confidence.
5. Has the Board verified that the signatures were acquired without duress?

The Union is desirous of finding a solution to this issue but such solution cannot be addressed without due process and taking on Board all the charges presented. To this effect it has advised the Board’s representatives that legality must ultimately influence their action (s) and decisions and to this effect the Union shall participate in any poll at BCGI consistent with Section 31 of the Act, provided its questions are legitimately attended to since our position remains one that universal principles, conventions and laws must not be sacrificed to satisfy anyone for political expediency.

The GB&GWU remains committed to a resolution and now awaits the Board’s response.  This battle has been long and arduous. For the Union this matter it is not merely one of recognition or de-recognition but one of the deliverance of justice and fair play to all consistent with conventions and laws which we hold sacred. After this struggle no worker should have to fear that his/her rights to Freedom of Association and Collective Bargaining will be trampled on. Also attending the meeting was the Bauxite Company of Guyana Inc.
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Guyana Bauxite and General Workers Union
Response made to the Trade Union Recognition and Certification
meeting to set modalities for a poll at the Bauxite Company of Guyana Inc.
25th May, 2010
The Guyana Bauxite and General Workers Union is here today in response to a requested meeting to work out the modalities to conduct a poll “for continued certification of the bargaining unit.”  Under the Trade Union Recognition Act, Chapter 98:07, Section 31 “Poll for continued certification” a poll is conducted, “On an application made by a minimum of forty per cent of workers in a bargaining unit for which a union is certified the Board shall cause a poll to be taken to determine whether the union shall continue to be so certified.”  The Union is yet to be apprised of the number of persons who have signed the company prepared petition that was intended to seek decertification of the Union under the said section. Further, it is of import that you be reminded of the Union’s written presentation to the Board on 12th January, 2010, where it submitted a complaint about:

1. The refusal of the Bauxite Company Guyana Inc. (BCGI) to meet with the Union to discuss matters pertaining to workers’ welfare in as much as there exist a legal Certificate of Recognition between the parties;
2. The company’s actions of coercing members of the Union to sign a company prepared petition to request a poll with a view of de-recognising the Union under Section 31 of the Trade Union Recognition Act, Chapter 98:07, and;
3. In light of public statements reported in the Stabroek News, January 2, 2010 where the Minister of Labour said the Ministry has not conducted an investigation to determine whether the signatures were taken fairly and not under duress yet opined that it ‘may indicate that those signatures were gotten of free will.’”

To refresh the Board’s memory a copy of the Complaint is presented.

The failure of the Board to date to address our complaint and definitively pronounce on the company’s refusal to negotiate with the Union consistent with Section 23 (1) Compulsory recognition and duty to treat, which says, “Where a trade union obtains a certificate of recognition for workers comprised in a bargaining unit in accordance with this Part, the employer shall recognise the union, and the union and the employer shall bargain in good faith and enter into negotiations with each other for the purpose of collective bargaining” is of grave concern to us. In the absence of this Board being able to have the parties respect this fundamental Section you would agree it raises serious questions as to the capacity of the Board to have the laws respected and adjudicate in an impartial manner. Can the Union feel confident that justice will be served and the Lady of Justice remains blind?

The GB&GWU is not objecting to the activation of Section 31 of the Act but the following needs to be addressed consistent with universal labour principles and procedures:

1. Has the Board investigated the Union’s complaint that was presented to it in writing on 12th January 2010?
2. Has the Board in considering the request for de-recognition addressed the 4th  April 2008 Collective Labour Agreement signed between the Union and BCGI which prescribes how an employee becomes a member and how s/he ceases to be?
3. Has the Board checked the rules of the Union and its records to verify whether the names that purportedly appeared on the list in its possession are dues paying members of the Union?
4. Has the Board verified the signatures appended to the document in its possession and are the signatures workers that fall within the bargaining unit? In fact has there been any verification process executed to justify the Board’s conclusion that the signatures before it are true and correct?  NB- The Union too has a list of workers attesting to being coerced to sign the company’s prepared petition. A copy of that list was presented to the Chairman, Justice Prem Persaud, in confidence.
5. Has the Board verified that the signatures were acquired without duress?
6. Why wasn’t the Guyana Trades Union Congress’ nominee invited to the 18th May meeting which took the decision to hold a poll?

The Union is desirous of finding a solution to this issue but such solution cannot be addressed without due process and taking on Board all the charges presented. You would agree that the six questions above border not only on principles but also that of legality that must ultimately influence the action (s) and outcome of this issue and the Board’s decisions. Should the Board be able to provide answers to these critical questions, if needs be, the Union shall participate in any poll at BCGI consistent with Section 31 of the Act, but our position remains that universal principles, conventions and laws must not be sacrificed to satisfy anyone for political expediency.

The GB&GWU expects a response from the Board soonest in bringing about a resolution to this matter. May we state that inherent in this issue is not only one of recognition or de-recognition but one of the deliverance of justice and fair play to all consistent with the laws. The GB&GWU wishes to reiterate that this matter is one of workers’ rights and the rule of law, principles we hold sacred.  We also remain hopeful that the Board adheres to the laws since the matter is bigger than the GB&GWU, it is about  ensuring every worker has his/her rights to Freedom of Association and Collective Bargaining respected and that in future no union will have to ever suffer what we are going through. So it is very important that we get it right.