Collective Bargaining is a constitutionally protected right. Employers must treat with unions in good faith

Article 147 in the Constitution of Guyana provides for the ‘Protection of freedom of assembly, association and demonstration’ as a right.’ This article expressly states:-

(1) Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of assembly, association and freedom to demonstrate peacefully, that to say, his or her right to assemble freely, to demonstrate peacefully and to associate with other persons and in particular to form or belong to political parties, trade unions or other associations for the protection of his or her interests.

(2) Except with his or her own consent no person shall be hindered in the enjoyment of his or her freedom to strike.

(3) Neither an employer nor a trade union shall be deprived of the right to enter into collective arguments.

(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision –

(a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;

(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;

(c) that imposes restrictions upon public officers; or

(d) that imposes an obligation on workers to become contributors to any industrial scheme or workers’ organisation intended to operate or provide for the benefit or welfare of such workers or of their fellow workers or of any relative and of any of them.

Arising out of Article 147 the Trade Union Recognition Act, Cap 98:07 mandates the employer to treat with the union in good faith and engage in collective bargaining.Section 23 (1) Compulsory recognition and duty to treat’  of the Act 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 recognised 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.”