TWO Sundays ago, I dealt with the issue of Labour Policies as a pillar in the green economy, with the promise of continuing this conversation. There are issues that currently permeate the society that have negative image on the country’s thrust in respecting issues of labour consistent with international policies.
One such issue is the imposition of wages and salaries by the Government of Guyana on public servants, teachers, and other categories of Government employees. The respect for collective bargaining is a sacred tenet in industrial relations, which is guided by International Labour (ILO) Conventions Nos. 87 and 98, which speak to freedom of association and the right to collective bargaining respectively.
In the specific case of the public servants, collective bargaining is guided by ILO Convention No. 151, which was ratified by the Government and is expected to be observed to the letter. The Government, as an employer and enforcer of the rules and laws, cannot be seen departing from the machinery that has been agreed upon between itself and the trade union for the avoidance and resolution of disputes.
In negotiations with the Guyana Public Service Union (GPSU) under the rules and international principles that guide the establishment of those rules, it is wrong for the Government to say to the union that its offer is “final”, and the workers will be paid based on that, and not as a result of an agreement between the parties. Such an act goes contrary to collective bargaining and is an imposition that flies in the face of internationally accepted industrial relations practices.
The Government’s action can be taken to the ILO by the GPSU, in collaboration with the Public Service International, where the administration can be condemned or censored. In either case, the Government’s credibility comes into question, since its conduct violates a principle in the labour policies that is fundamental to the green economy.
Guyanese workers have, for the last seven years, been subjected to the most egregious violation of their rights by the Bauxite Company of Guyana Incorporated (BCGI), a company owned by Russia Aluminium (RUSAL) and the Government of Guyana. This company, with support — tacit and implicit — of the Government, is being allowed to trample Section 23 (1) of the Trade Union Recognition Act by refusing to treat with the workers’ union, the Guyana Bauxite and General Workers Union (GB&GWU). Non-compliance with the law is a violation of ILO Conventions Nos. 87 and 98, and is a clear contempt for the Guyana Constitution and Laws, and the rights and freedom of workers.
That the Government is aware of BCGI’s lawless conduct, yet refuses to enforce the law, is an act we must question. On one hand, the Government treats the 2012 High Court ruling with contempt; on the other hand, it refuses to charge and place before the court the BCGI management — for being in breach of the trade union recognition law — as it does for other employers. If, for any reason, the bauxite that is mined under the exploitative arrangement that exists at BCGI is being sent to ports in Europe and North America, the trade union and other agencies can move to have this product rejected at these ports.
Then there is the problem in the sugar industry. The management and some policy makers of GuySuCo continue to believe that they can make decisions that impact the livelihood of the workers without engaging and arriving at agreement with the unions in the industry.
Last week, President David Granger opened the Guyana Trades Union Congress’s 4th Triennial Conference, held under the theme “Labour Policies – a prerequisite for the creation of a green economy.” It was instructive to hear Government’s thinking on this policy. The trade union community has an abiding interest in knowing what will be the role of Labour as a stakeholder as the Government moves to crystallise the philosophy and put in place programmes that would see respect for workers, the environment, and sustainable development.
The point being made here is that lip service will not see conformity to the green economy. Government has to walk the talk. It either embraces or rejects the policy; it cannot be half way in or out. In the national decision-making forum, Labour has a role to play. This role is, from an international perspective, consistent with the tripartite structure of the ILO, which requires that Government, Employer and Trade Unions work together for the achievement of national development.
Domestically, Labour’s role is assured in the Guyana Constitution, which outlines its responsibility for economic development (Article 38) and involvement in the management and decision-making processes of the State on matters that impact the wellbeing of workers – past, present and potential (Article 149C)
Next week, I shall conclude this discourse.