Bauxite Company A No-show At Labour Ministry Meeting – GTUC Writes CARICOM About Greenidge’s Right To Work

Submitted by Guyana Bauxite and General Workers Union (29 Dec 2010)

 

Lincoln Lewis, General Secretary Guyana Trades Union Congress

Today the Guyana Bauxite & General Workers Union (GB&GWU) turned up to a scheduled meeting at the Ministry of Labour. The ministry had initiated this meeting for the Union and the Bauxite Company of Guyana Inc (BCGI) to meet to address a number of issues, including the dismissal of the 57 workers in 2009 and the five in 2010.  The meeting which was to be chaired by Mr. Charles Ogle, Assistant Chief Labour Officer, who was present, saw non attendance of the company’s representatives. In a letter seen by the GB&GWU’s representatives the company said that the Collective Labour Agreement (CLA) between itself and union has come to an end so it does not consider the ministry’s invitation to a meeting as valid.

It should be clearly stated that even though a collective labour agreement may be expired, while there still exists a Recognition Agreement, a company/employer is legally bound to engage with the union. GB&GWU has so informed the Ministry and has dispatched a letter (see attached) to the company highlighting its legal obligation. The expiration of a CLA has nothing to do with engagement between the parties, it is merely an excuse to avoid the legal obligation to engage, following on a pattern since December 2009 even though there exists a Recognition Agreement that legally binds the party. The Trade Union Recognition Act (98:07) Section 23. (1) ‘Compulsory recognition and duty to treat’ expressly states “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.”

Bauxite Union To Mark One Year Anniversary Of Unresolved BCGI Dispute With Protest

Submitted by Guyana Bauxite and General Workers Union (GB&GWU)

Russian billionaire Oleg Deripaska, the majority shareholder in Russian aluminum giant

Monday November 22 mark one year of struggle for economic and social justice by bauxite workers employed by the Bauxite Company of Guyana Inc (BCGI), a company owned by Russia Aluminum (RUSAL) and the Government of Guyana. The Guyana Bauxite and General Workers Union (GB&GWU), the union that represents the workers, will mark this anniversary with a protest in front of the Ministry of Labour.

This struggle began when workers down tools after management refused to negotiate increased wages and improved working conditions for year 2009. On the third day of industrial action the company issued dismissal letters to 57 workers, who today still remain off the job, the consequent of the Ministry of Labour’s refusal to enforce the relevant labour laws to ensure justice is served. As of this day those 57 workers have been denied income of approximately 65.5 million dollars and counting for every day they are away from their jobs. This economic marginalization not only impacts the workers but also their families, children and the communities within which they live.

Working conditions for workers continue to deteriorate at BCGI yet a government, who is constitutionally bound to serve and protect all the citizens, continues to ignore and even support the injustices and inequalities inflicted on the workers by a foreign management, in a company the people of Guyana has part ownership, operating on our soil and is bound to respect the country’s laws and industrial relations practices. Recall is made of the industrial action in May 2009 after workers lodged complaints and failed to secure properly equipped mining vehicles, where some fell ill and one permanently disabled. The company’s reaction to the workers’ legitimate action to refuse to work under unsafe conditions as per the Occupational Safety and Health Law (1997) Section 56 (1) saw the suspension of workers and subsequent legal action against the union and union leaders in contravention of Section 58 (1). In June 2010 there was an industrial accident on the mining road where several were seriously injured and one, Remington “Tuts” Wade, died. This accident was the result of workers commuting to work in a company provided vehicle not suitable for the rugged terrain. Last week 5 workers were dismissed for exposing the unhealthy kitchen environment infested with cockroaches and other unsanitary conditions and having to suffer further indignity and exposure to illness being served expired foods.

London-based Guyanese Group Up Ante For Global Solidarity And Support To Stop Degeneracy In Guyana

Submitted by Guyana Bauxite General Workers Union

 

A group of London-based Guyanese up the ante yesterday by taking its protest in front of the London Guyana High Commission and Russian Embassy as it continues the global appeal for solidarity and support to stop the degeneracy in Guyana. This protest was organized by Norman Browne, the Guyana Bauxite and General Workers Union’s (GB&GWU) UK representative and Dr. Michelle Yaa, human rights activist.

The organizers said the date (October 5) was selected to coincide with the date the PPP boasts as the ‘returned of democracy,’ to expose the facts that over the last 18 years Guyanese at home have been suffering under deteriorating conditions that no democratic society will condone. The evidence of increased crime, extrajudicial killings, violations of workers’ right, torture, exclusion of groups from national decision making, racial division, compromised electoral system and the erosion of the rule of law confirm that Guyana is not a democratic society.

Calling on all Guyanese and citizens around the world to raise their voices in protest against the degeneracy in the society the protest was joined by representatives from the WPA party and various organisations namely, Luwezi Kinshasa, Secretary General of the African Socialist International (ASI); Tongogara Danni from the Pan African Voice London; Kwabena Gyakye from Uhuru Newspaper and the UK’s branch of the African People’s Socialist Party (APSP); and Frank Murray, Chair of the Black and Ethnic Advisory Committee of RMT (UK national transport union). Representation from these organisations lent support to the group’s commitment to stand in solidarity with the GB&GWU in their struggle to find justice for the 57 workers wrongfully dismissed by the Russian owned Bauxite Company of Guyana Inc. (BCGI) and to have the company respect the Collective Labour Agreement. For this reason the demonstration was extended to the Russian Embassy where we called for the immediate reinstatement of the 57 workers, for BCGI to meet with the union and respect the rights of the workers.

Bauxite Union Issues Ultimatum To Oldendorff, Continues Fight To Resolve 11-month Impasse At BCGI

Submitted by the Guyana Bauxite and General Workers Union (GB&GWU)

On Wednesday September 22, 2010 the Guyana Bauxite and General Workers Union (GB&GWU) issued a five-day ultimatum to Oldendorff Carrier to proceed on industrial action if the company refuses to come to the bargaining table with an appropriate proposal. The ultimatum expires on September 27 and the notice was duly issued consistent with Article 6:3 of the Collective Labour Agreement.

The Union and company have been locked in negotiation for increased wages and improve working conditions for year 2010, since June. After the parties failed to reach an agreement, the union wrote the Ministry of Labour requesting conciliation under its chairmanship. At the meeting on September 15 Oldendorff informed the union and ministry that its presence was one of courtesy since the union has no right to bring the matter before the ministry. This prompted the ministry to advice the company that base on the Collective Labour Agreement the union has every right to request conciliation.

Yesterday, September 23, the company informed the union that it will not negotiate. The position is contrary to the Collective Labour of Agreement which explicitly states that wages will be negotiated and a re-commitment to such negotiation given by the company on July 7.

GB&GWU Writes ERC About Failure To Investigate Eight-month Old Complaint As Per Its Constitutional Responsibility

Submitted by Guyana Bauxite & General Workers Union (GB&GWU)

Ethnic Relations Commission 66 Peter Rose & Anira Streets, Queenstown, Georgetown, Guyana

The Guyana Bauxite & General Workers Union (GB&GWU) today dispatched a letter to Chief Executive Officer, Ms. Yvonne Langevine, Ethnic Relations Commission, reminding the Commission that it still awaits a public inquiry into its eight-month old compliant about discrimination by the Government of Guyana against bauxite workers and their communities base on race and political geography.

The Union having expressed its concerns over the Commission’s inaction reminded it that the government discriminatory policy to bauxite workers and their communities are public knowledge which date back to 1992, with the November 2009 treatment of the impasse between the workers, represented by the GB&GWU and the Bauxite Company of Guyana Inc. (BCGI), being the straw that broke the camel’s back.

As per the Guyana Constitution Article 212D (a) the ERC has a responsibility to “provide for equality of opportunity between persons of different ethnic groups and to promote harmony and good relations between such persons” of which over the years bauxite workers and their communities have been denied “equality of opportunity” under this government of which such discriminatory treatment is public knowledge.

GB&GWU Takes Case To London To Fight To Restore The Rights Of BCGI Workers

Submitted by Guyana Bauxite General Workers Union

Dr. Rupert Roopnarine making presentation

On Wednesday August 18 the GB&GWU in its continued pursuit to ensure the Bauxite Company of Guyana Inc (BCGI) and the Government of Guyana respect bauxite workers’ rights to Freedom of Association and Collective Bargaining made its case before the Black and Ethnic Advisory Committee of the National Union of Rail, Maritime and Transport (RMT) in London, United Kingdom. In the symposium organized by RMT to address this issue, Norman Browne, the Union’s UK representative made a presentation that highlighted the plight of the bauxite workers and the government’s response to the transgressions.

In presenting the Union’s position of the 10 months old dispute Browne pointed out the evident transgression of Section 23 (1) of the Trade Union Recognition and Certification Act (1997) which expressly says “When 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.”

He highlighted the violation of the rights of the 57 workers who were placed on the breadline without due process. He also apprised the audience of the Minister of Labour’s responsibility under the Labour Laws of Guyana,  Chapter 98:01 Section 4 (1) (a) (b) and (c)  and the concerns of the Union at the tardiness of the Ministry of Labour in resolving the dispute, a dispute that has now become the longest running in the history of Guyana.

Bauxite Union Reiterates Calls For Ministry Of Labour To Intervene NOW To Stop Injuries, Loss Of Income And Life At Bauxite Company Of Guyana Inc

Submitted by Guyana Bauxite General Workers Union

Minister of Labour, Manzoor Nadir

GB&GWU grieves with the victims of Manaka accident, demands root cause analysis of accident, and reiterates calls for Ministry of Labour to intervene NOW to stop injuries, loss of income and life at BCGI.

The GB&GWU is deeply grieved and disturbed over the accident involving bauxite workers on June 30 at Manaka, where two died, 15 critically injured and others traumatized. This fatal accident occurred in a company assigned vehicle, on a company road, when workers were being transported to work.  This is an industrial accident resulting from negligence and gross occupational safety and health shortcomings which highlights the risk which bauxite workers face on a daily basis.  We are reminded that accidents do not just happen but are themselves a result of failure to observe measures appropriate to their prevention.

In the case of the Manaka accident this is an accident that happened on the mines property (road) of which the Bauxite Company of Guyana Inc. (BCGI) is responsible for its maintenance. This road is built from bauxite waste which over the years requires constant maintenance due to its construction materials and the heavy industrial and other traffic that traverses it. Formerly a grader was assigned to maintain the road, making it safe for traffic. This is no longer being done and as such the road has deteriorated to the point where workers’ transportation has to leave much earlier to meet to work on time on a journey that would normally be much shorter. There are times when traversing the road becomes so bad that it takes more than 2 1/2 times what it would normally take  from workplace to home and vice versa. The absence of safety signs to forewarn drivers of the dangerous bend in the road and its deteriorating conditions are also a factor of safety that is missing. The Union is reliably informed that the accident resulted from a collision of on-coming vehicles having to navigate an eroded road at a dangerous turn. Compounding the safety issue is the use of an unsuitable minibus for such conditions as opposed to a more rugged terrain vehicle. It is the responsibility of the employer to take into consideration the safety of every employee before and during the contract of service to transport them from one place to another. The magnitude of the injuries sustained by these employees would not have been so severed if in the first instance the appropriate vehicle was used in transporting the workers.

June 3, 2010 Signalled Another Low Point In Guyana’s History

Submitted by Guyana Bauxite and General Workers Union (GB&GWU)

Minister Manzoor Nadir

Last Thursday, June 3, 2010 the eyes of the world were focused on Guyana, and the parliamentarians had an opportunity to demonstrate that they could rise above partisan politics and prove that under the laws there can be equal rights and justice for all. This was not to be, as partisan politics trumped rights and law and saw the PPP voting en bloc against the No Confidence Motion brought by the PNC against Minister Manzoor Nadir.  This motion dealt with the Minister’s failure to uphold his legal and sacred responsibility to all workers under the Laws of Guyana. Had he done this it would have seen him making efforts to resolve the seven-month old impasse at the Bauxite Company of Guyana Inc (BCGI).

GB&GWU Invokes Section 31 Of The Act With The Trade Union Recognition & Certification Board

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.

Guyana Government’s Failure To Act In Bauxite Workers And Russian Company Dispute Spawns Lawlessness And “Massa” Rule

Submitted by Rickford Burke, President of the Caribbean Guyana Institute for Democracy (CGID)

I have been observing the protracted dispute between the management of the Bauxite Company of Guyana, INC (BCGI), its workers and their recognized union – the Guyana Bauxite and General Workers Union (GB&GWU). Culpability for this vexing controversy rests squarely at the feet of President Bharrat Jagdeo, who has refused to reinstate the tax-free overtime pay for bauxite workers. The tax-free overtime pay is a benefit which was fought for by bauxite workers and given to sugar workers in Guyana. However, the PPP government deliberately exempted bauxite workers and allowed this benefit only for sugar workers, its main political constituency.

The impasse commenced when, in an effort to ameliorate the economic hardship that has plagued bauxite workers since the PPP government downsized and deemphasized the bauxite industry and its attendant Linden, Kwakwani, Aroaima and Ituni communities (Region 10), the GB&GWU requested Jagdeo to reinstate tax-free overtime pay. However, Jagdeo’s political indignation for GB&GWU members disallowed even the decency of a response.

The union subsequently entered negotiations with BCGI for increase wages for its workers, but the company refused and negotiations became futile and broke down. Consequently, on November 22, 2009 bauxite workers proceeded on strike to demand a better living wage. In retaliation, on November 24, 2009 BCGI management issued suspension and dismissal letters to workers; fifty-seven (57) of whom were union leaders. On December 1, 2009, the company notified the Ministry of Labor, that it had arbitrarily terminated the Collective Labor Agreement and commenced the process of derecognizing the legitimate union. Concomitantly, some workers were, upon resumption of work, forced to sign a company prepared petition requesting the delegitimization of the union.

Urgent…Help Guyanese Workers FIGHT INJUSTICE

Submitted by Guyana Bauxite and General Workers Union (GB&GWU)

Dear friends of labor and supporters of justice for all in Guyana, Guyana Bauxite and General Workers Union (GB&GWU) is asking that you join us in helping to protect workers’ rights and upholding Lawful practices in Guyana.

YOU CAN HELP BY:

1) SIGNING onto the Petition (http://www.labourstart.org/cgi-bin/solidarityforever/show_campaign.cgi?c=649) started by Labour first on 03/12/10. Your petition goes direct to the Minister of Labor, Mr. Manzoor Nadir.

2) FORWARDING this petition to every person and organization in your email address book.

3) PLACING THE WEBLINK ON YOUR WEBSITE. To do this, just copy and paste the following line of code to a webpage and see what happens.

4) ADVERTISE the petition on your broadcast programs and run a strip advertisement on your television programs. (A contribution to the struggle that we say thanks for).

In addition you can start

President Bharrat Jagdeo Must Prove By Action, Not Words, That His Government Is Not Anti-union And Hostile To Bauxite Workers

Submitted Guyana Bauxite General Workers Union

The Guyana Bauxite & General Workers Union (GB&GWU) is concerned and disturbed by President Jagdeo’s statements made at the Police Officer’s Conference and carried in Stabroek News Feb. 13 2010 The President reaction to the current dispute between the Bauxite Company Guyana Inc/RUSAL and the Guyana Bauxite & General Workers Union is yet another conformation of the workers allegation that management has been saying to them that the workers have the union and the company has the government. It is hard evidence as to the hostile position taken by the government towards Bauxite workers, and supported, if not advocated by the President and by extension the People’s Progressive Party that we were all lead to believe were working class in orientation. In seeking to deny bauxite workers justice President Jagdeo made reference to prevailing economic realities facing RUSAL and the world but fails to relate this to the plight of bauxite workers eeking out a daily living under harsh, unsafe conditions. President Jagdeo supports his arguments by mentioning RUSAL closure of mines in other countries but from information accessed in the Financial Times (Dec. 31, 2009) RUSAL said its net profit in 2009 is “unlikely to be less than $434m.” Further President Jagdeo ignores the fact that the Bauxite Company Guyana Inc (BCGI) which the Government of Guyana is part-owner is yet to open its financial records to the Union and public and as such no determination can be made of BCGI’s economic reality.

In January 2009 when GB&GWU started negotiations for wage increase the company said at the time it was unable to meet the demand for pay increase given economic indicators on the world market. The Union and company, together, agreed that they would write the President and request his involvement in the re-instatement of tax-free overtime pay in lieu of a demand for a pay increase from the company. This was a benefit earned by Bauxite workers and enjoyed also by Sugar workers. The PPP government has however stopped the benefit to Bauxite workers even as Sugar workers continue to enjoy tax free overtime and periodic wage increases in a sector plagued by uncertainty and financial overburden. It is President Jagdeo’s refusal to respond to the requests (two) by the Union and BCGI (a act confirmed by Mohammed Akeel in his letter dated Jan. 28, 2010), that caused the Union to return to the employer and primary source of negotiations, with no alternative but to restate its demand for improved wages. The President should explain to bauxite workers and this nation why he has deliberately ignored joint efforts between BCGI and the union to reinstate a benefit that was previously enjoyed and that is still being enjoyed by sugar workers. President Jagdeo owes this nation an explanation why he has turned to offer support to sugar workers and is prepared to throw bauxite workers to the wolves? These actions are seen as counter- productive, economically aggressive and an attempt to destroy bauxite workers, their union and the communities surrounding them.

Presentation To The Trade Union Recognition & Certification Board By The Guyana Bauxite & General Workers Union

Submitted (press release) by GB&GWU

GB&GWU President Charles Sampson

Today the Guyana Bauxite & General Workers Union (GB&GWU) is engaging the Trade Union Recognition & Certification Board (TURB), a legally constituted body under the Laws of Guyana with full anticipation that the decisions made by the body are legally binding and will be honoured by all involved. The matter before the TURB is about the Laws of Guyana, and the respect for workers and individual’s rights consistent with these laws. The prism of race and political affiliation which appear to be underpinning events that took place in this industrial dispute are unfortunate, and we hope that such undertones will have no part in influencing the application of laws and rights within the ambit of the TURB. GB&GWU recognises that laws and rights are not social constructs that people beg for rather they are time honoured principles entrenched in modern society evolving  from ancient civilizations  and  peoples struggles, to become essential rudiments of social structures defining human interaction and protecting the powerless from those who would abuse their power or the dominion they have over others. The TURB has the constitutional mandate to adjudicate without fear and favour.

We state below the matter of the Guyana Bauxite & General Workers Union (GB&GWU) and the Bauxite Company Guyana Inc. (BCGI) where the Union charges that BCGI and the Minister of Labour are involved in acts inimical to the best interest of Bauxite workers, the communities of which they are a part and the peace and stability of the industrial sector. These are manifest in the following: