Court issue did not quash GB&GWU’s certificate from 2008 – Union President

Bauxite workers impasse
…says union still authorised to lobby for bauxite workers’ rights

The Guyana Bauxite and General Workers Union (GB&GWU) is the only union that is certified by the Trade Union Recognition and Certification Board and any bauxite company operating in Guyana needs to recognize same.

This is according to President of the GB&GWU, Lincoln Lewis, who in an interview with Guyana Times said this is the authority that the union has when lobbying and fighting for the rights of bauxite workers. He stated that for those who are arguing that the Union he represents should not be recognised in this capacity due to polls or a court issue that occurred due to an administrative glitch; no ruling was made to quash the certificate that the GB&GWU received since 2008.
“That court order didn’t say that the decisions that were made by the Board were upturned when as much that was asked for in the pleadings. It was not granted. So those decisions ….they are legal and binding. And as a trade unionist, I expect any trade unionist, not to argue on technicality but argue on the will of the people,” he told this publication during an interview on Tuesday.
According to Lewis, since his Union received its recognition certificate in 2008 there have been a few challenges by other unions, however, those challenging the GB&GWU never succeeded in their goals.
“There is a challenge by a union that was established by the company that happened in 2010 they did it and then that union failed to acquire the support of the workers.
Then came another Union, the National Mine Workers Union, and with that union, the Trade Union Recognition Board authorised a poll between the GB&GWU and the National Mine Workers Union. This is a Union that proved that it had in excess of 50 per cent support – National Mine Workers Union when it goes to survey it proved that but when it went to the poll… the Union was not able to muster 10 per cent of the votes,” the veteran trade unionist explained.
The GB&GWU President stated that the National Mine Workers Union lost the poll. He said that to argue that, because of a court action involving the Federation of Independent Trade Unions of Guyana (FITUGY) and the Trade Union Recognition and Certification Board, the GB&GWU is or should not be recognised is far from understanding the process and the happenings that occurred in the court.
“The certificate, the Trade Union Recognition Board did not cancel the certificate that was acquired in 2008 so the union continues to be the recognised union,” he added.
The issue with the legal status of the union arose again when some 60 stiking workers were dismissed by Bauxite Company of Guyana Inc (BCGI). The union attempted to intervene in the matter but were informed that they are not recognised by the Russian-owned bauxite company.
“We have no relation with this union,” the Russian company’s representative had said. “It happened before I came to Guyana to work … it was an alternative poll. This poll took place on October 3, 2017. It was won by Guyana Bauxite and General Workers Union.
“Only a few weeks after, we got information that the Judge in (a case decided) this board was constituted with some breaches and could be considered illegal. It meant former worker was considered by decision of Judge illegal. I think many people knew the board was illegal. But nobody said to us such a (poll) could be considered nil and void,” the company’s representative said.
This is a reference to the judgement issued in the case of the Trade Union Recognition and Certification Board (TURCB) versus the Federation of Independent Trade Unions of Guyana (FITUG).
FITUG General Secretary Carvil Duncan had claimed that TURCB unilaterally appointed a Chairman in 2015 without consulting them, and only recognised the Guyana Trades Union Congress (GTUC).
In the written judgement issued by the High Court on November 8, 2017, it said FITUG was not consulted prior to the appointment of a chair in 2015. This was found to be in violation of the Trade Union Recognition Act, especially as it relates to the selection of a Chairman of the organisation.
When asked, however, Chief Labour Officer Charles Ogle maintained that the GB&GWU by virtue of winning that poll should be the duly-recognised representative of the bauxite workers. This is, after all, the approach the Ministry has adopted.
“The Union is the recognised union; there’s no doubt about that. The GB&GWU is the recognised union. They did a poll and the Union won that poll.”
Meanwhile, up to late Wednesday evening in solidarity with the dismissed employees, residents of Ituni, Hururu and Kwakwani continued to block sections of the Berbice River preventing the company’s barges to pass with bauxite for export.