The Trade Union Recognition and Certification Board (TURCB) has been found to be in violation of the Trade Union Recognition Act, especially as it relates to the selection of a chairman of the organisation.
In a written judgment issued by the High Court on Wednesday, it was said the Federation of Independent Trade Unions of Guyana (FITUG) was not consulted prior to the appointment of a chair in 2015.
FITUG Executive Carvil Duncan
FITUG General Secretary, Carvil Duncan, had claimed that TURCB unilaterally appointed a chairman in 2015 without consulting FITUG, and only recognised the Guyana Trade Union Congress (GTUC).
The court said, “There was non-compliance with the amendment to Section 5 of the Trade Union Recognition Act of 1997 as set out in the aforementioned Act 2009 in the 2015 appointment.”
The court also found that FITUG has the most “representative organisation of workers in Guyana.” It further declared that the TURCB set up in 2015 was not established in conformity with that Act.
“The plaintiff (FITUG) has not been duly recognised and treated in accordance with the existing law, and consequently the aforementioned board cannot be regarded, recognized, and treated as being in accordance with the law,” the judgment further added.
Some trade unionists believe that based on this new judgment, some of the polls conducted throughout various companies to select a union may need to be redone. However, they said this decision lies with the current board, and if they are fair, they may move towards redoing those polls.
The Guyana Bauxite and General Workers Union (GB&GWU) in early October won a recognition poll by an overwhelming majority of 93 per cent when it came up against the Bauxite Company of Guyana Incorporated’s (BCGI)-preferred for the National Mine Workers Union.
In October 2015, FITUG had taken objection to Government’s appointment of former Justice Claudette La Bennett as Chairperson of the TURCB, and had questioned the legal transparency of the process.
FITUG also questioned the appointment of the current board. Social Protection Minister Amna Ally had asked for nominations from GTUC, which signalled its support for Justice La Bennett to return as chairperson. FITUG was then asked to nominate a person, and its representatives made it clear that “we have no faith and confidence in the present chairman”.
Duncan had claimed that the decision might have already been arrived at, and the FITUG submission was just a matter of formality.
TURCB has responsibility for determination of all applications and matters concerning the certification of trade unions as recognised majority unions.
