INDUSTRIAL relations is a discipline which is guided by a body of rules, laws, conventions and time-honoured principles, not by gut feelings and egos.This sentiment was expressed in a press release by General-Secretary of the Guyana Trades Union Congress (GTUC), Lincoln Lewis, who was responding to comments made by Minister of Social Protection with responsibility for Labour, Keith Scott, who met with management of the Bauxite Company of Guyana Incorporated (BCGI) Tuesday at his Brickdam office.

Making reference to a news item broadcast on NCN television on Tuesday, 12th April, 2016, Lewis said the comments made by a party representing the management of the BCGI and Minister Scott were a flagrant violation of universal tenets.

“Minister Scott is not empowered under ILO conventions, laws of Guyana, time-honoured principles, or industrial relations practices to sit with any employer and make decisions for workers in the absence of the workers and their representatives,” the GTUC official noted.

As minister assigned the task of Labour, under ILO conventions, Guyana’s constitution and labour laws, Lewis said where there exists a recognised trade union, his is the responsibility to ensure the employer treats with the workers’ representative in good faith.

The failure to do this on the minister’s part speaks to a collusion of conduct in continuing the violation of laws and transgressing the rights of workers, the GTUC general-secretary said. And by the minister’s conduct the Government of Guyana is once again colluding with the BCGI management to transgress the rights of Guyanese workers and trample the laws of Guyana.

“Had the minister acquainted himself with ILO Conventions Nos. 87 and 98, Article 147 of Guyana Constitution, Labour Law Chapter 98:01 and Trade Union Recognition Act 98:07 Section 23 (1), he would have acted differently. Under these tenets, the minister would have recognised, and hopefully appreciated, that he has no authority to make decisions on workers’ behalf. His is the authority to make decisions for the enforcing of the laws,” Lewis explained.

Further highlighting his case, Lewis said there is a Certificate of Recognition for the Guyana Bauxite and General Workers Union (GB&GWU) as the recognised union representing workers at BCGI. This certificate is dated 26th July 2007. The minister should have deferred to this legal instrument and accordingly insist that the parties meet across the table and resolve their grievances.

He reflected that failing to have a resolution, under the Labour Law 98:01 the minister is empowered to institute compulsory arbitration. This was done in 2012 by then Minister of Labour, Dr. Nanda Gopaul. BCGI challenged the matter in the High Court and a ruling was issued in favour of the law. Six years hence the government continues to show contempt for the court’s decision.
“Were there respect for the Rule of Law by now the minister would have appointed an arbitrator and issued the letters to both union and company. Notably, the decision of the arbitrator will be final and binding on both sides.”

He noted that the bauxite workers’ cries for freedom have been a heavy overcast on this nation for more than six years.