Taking a judicious approach to the teachers’ strike senior counsel Roysdale Forde said the industrial action is a genuine expression of the economic plight of teachers, and the failure of the government, as the employer, to respect their right and address wages/salary and conditions of employment. The teachers’ strike has entered in 10th day.
The Guyana Teachers Union (GTU) has since announced the strike is indefinite, pending government’s acceptance teachers have a right to collective bargaining and the employer an obligation to engage in good faith. These are outlined in Article 147 of the Constitution of Guyana and Section 23(1) of the Trade Union Recognition Act, respectively.
Appearing on Mark Benschop “Straight Up” programme Tuesday, Forde, with legal precision, dissected the causes that led to the strike. According to the Shadow Attorney General and Minister of Legal Affairs, the government failed in the last three years to engage in a process of good faith as required by law.
He recalled the teachers were seeking to have a three-year agreement (2020-2023) with the government on wages/salary and working conditions. The Union submitted its proposal to the Irfaan Ali government in August 2020. The Member of Parliament (MP) alluded to the Union, having submitted its proposal, only to see some items being implemented without its involvement. According to the attorney, it was a deliberate act on government’s part to frustrate the process, by calling meetings with the Union but making no effort to engage in discussions and arriving at decisions.
Voicing intolerance with government treatment of teachers, the senior counsel said, we are in 2024, and the failure of government to engage the Union led to the strike which is “legitimate.”
Touching on Collective Labour Agreements, one of which the Teachers Union has with the Government, Forde blasted the Ali government for violating the grievance procedures as outlined therein. He advised that one of the fundamental principles set out in the Constitution of Guyana is the right to engage in consultation.
According to the lawyer, the whole concept of collective bargaining is a manifestation of consultation and government’s refusal to engage in the process is a departure from the fundamental principles on which the constitution rests. This, he said, is the right of citizens to engage in consultation on matters that affect their well-being.
Delving deeper into the Constitution, the attorney referenced Article 149C that safeguards workers’ right to be involved in the management and decision-making processes of the state that impact their well-being, as another “fundamental underpinning.” Forde contended, rather than see compliance with the constitution the nation has seen complete rejection of the whole process of consultation.
Homing in on the Trade Union Recognition Act which requires employers acting in good faith with the union, the attorney skewered Chief Labour Officer Dhaneshwar Deonarine and Minister of Labour Joe Hamilton for abandoning the law. According to him the two officials failed to act in good faith, and this was evident in their decision not to engage the Union that sought settlement to its grievances through conciliation and arbitration process. The failure on the part of government, as employer and mediator in industrial disputes, has caused the strike, he asserted.
The MP also drew attention to other violations in the consultation process, citing President Irfaan Ali’s refusal to make substantive the appointments of Chancellor and Chief Justice of the judiciary, among others, as required by the Constitution.
Saluting the sacrifice teachers have been making over the years in moulding the minds of Guyana’s children, the senior counsel shared his disappointment with government treatment of these workers. At the same time, Forde made known he is heartened by the widespread solidarity shown by the teachers and the multiracial involvement. He advised the struggle is one close and dear to workers’ well-being because there is no way workers can get better pay but by standing up for their rights.
Meanwhile government issued statements it will no longer deduct union dues for the Union and will not pay teachers for the days they are on strike. In 2018 the A Partnership of National Unity and Alliance for Change (APNU+AFC) government paid teachers for the period they were on strike. Tuesday the Union filed a case against the Government for discontinuing the deduction of union dues from teachers’ salaries monthly and for a declaration the strike is legal.
