THE Guyana Bauxite and General Workers Union (GBGWU) has labelled as “blatant nonsense” the claim by representatives of the Bauxite Company of Guyana Inc (BCGI) that they had a right to dismiss striking workers because of contractual obligations and is calling on both the government and political opposition to stand against what the company is doing.

The BCGI met with the Department of Labour, Ministry of Social Protection, on Tuesday. The company, which is a subsidiary of Russian company RUSAL, defended its right to fire some 61 workers last Monday; the company claimed that the workers had signed contracts that do not provide for them to be absent from work, and the strike was no excuse.

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One employee has since been reinstated; however, the fate of the others remains to be determined. General-Secretary of the GBGWU, LincolnLewis, said the DoL needs to take a clear position that the dismissal of the workers is “null and void and ultra vires.” He also called on the government and opposition not to put economics above the rights of the workers and if it comes to that, they need to not be afraid to let BCGI withdraw its services

In a statement issued on Tuesday, Lewis reiterated the union’s position that Guyanese workers’ right to strike is protected in the constitution and no contract can supplant that. “The management’s claimed position that workers can be terminated because they signed a contract that they will be dismissed if they refuse to work is blatant nonsense. Article 147 (2) of the Guyana Constitution protects the right to strike. Anything outside of the constitution that infringes the rights of the employee is a violation. The fact that BCGI management can go to the ministerial body with such utter nonsense demonstrates the height of RUSAL’s eye-pass,” Lewis argued.

“The effrontery of RUSAL/BCGI knows no limit and lacks consideration for those whom they employ.”

Article 147(2) of the constitution states in part that “no person shall be hindered in the enjoyment of his or her freedom to strike.”

It was last Friday that BCGI employees downed tools and began strike action, protesting the company’s imposition of a one per cent wage increase, among other grievances with the company. BCGI representative Vladimir Permyakov has since said that the strike by the employees has held up work at the mining company and in some cases has put the lives of other employees at risk because of the Occupational and Health and Safety infringements caused. The BCGI and GBGWU have also been at loggerheads for some time now given the company’s continued refusal to recognize the GBGWU as the workers’ union. Lewis contends that even if the company is of the belief that employees have erred in striking, or that the company was suffering, the union needed to be engaged before the company could have come to any decision on dismissal of the staff.

““The Collective Labour Agreement will require that management engage the bona fide representative of the employees on any action that seeks to interrupt their contract for service, whether through termination or re-deployment following consultation, negotiations and agreement between the employer and workers’ representative, in this case GBGWU,” he said.

Lewis also stressed that the company needs the employee just as much or even more than how much the employees need their jobs. “RUSAL needs us, our bauxite has a distinctive value as sweetener for them. There is a symbiotic relationship, but it must be treated with mutual respect. Bauxite does not spoil. The Russian management must shape up or ship out. Guyana existed and its bauxite was exploited before RUSAL/BCGI and it will continue without them,” Lewis opined.

Meanwhile, the Federation of Independent Trade Unions of Guyana (FITUG) said it cannot, at this time, fail to express its deep concern and utter dismay regarding the unfolding developments pertaining to the workers of the Bauxite Company of Guyana Inc (BCGI). “They, like all workers, are seeking better pay and working conditions, especially taking account of the circumstances of life nowadays. The workers are rightly demanding that their rights to collective bargaining be respected and have seen their principled position met with a most distasteful, and arguably illegal, response by the foreign-owned company. “

The FITUG says it sees the high-handed approach by the BCGI as grossly disrespectful “to our workers, our laws, and all Guyanese. The actions by BCGI are reminiscent of a similar act by another foreign-owned enterprise –- Demerara Timbers Limited. That Company in 2016 chose a similar route apparently to punish workers for taking part in a protest to demand improvements. The matter which reached the High Court came to an end when that company opted to settle the matter, obviously recognising that it was in the breach. The right to collective bargaining and union representation, the FITUG reiterates, was won by the struggles of past generations of Guyanese and have now become a proud feature of life in Guyana. The naked and clear disrespect for these hard-fought-for rights cannot be condoned in any way, shape or form.”

FITUG added: “ We recognise that the workers are not daunted but are committed to their struggle, this is indeed laudable and they can be assured of our full support. The federation also calls on the Department of Labour, and more so the Government of Guyana, to apprehend the situation and ensure that the workers’ rights are, unconditionally, respected. At this time, the FITUG extends its full and unstinted solidarity with the workers, their families and their union.”