The matter of the Guyana Teachers Union (GTU) versus the Ministry of Education has to be a lesson learnt by the trade union community and all Guyanese. The lessons here are: if we are to protect and defend our rights and the rule of law, to ensure good governance in our institutions, be they state or otherwise, we must be prepared to challenge the authorities, grounded in our integrity with unity of purpose.
We must be prepared to allow the laws at our disposal and the quality of representation to be our weapons against those who set out to wrong us and undermine laws to which they too are held accountable. In this case of GTU vs Ministry of Education which represents the government of our country, such challenges and defence of our rights and the rule of law if replicated across the board on several issues facing us as a nation.
We the people of Guyana will definitely see success and a rise in the influence, not only of the trade union movement but every organisation seeking protection under the law; and a judiciary that must be compelled to grant same.
The GTU which is the largest trade union in Guyana must be commended for challenging the government decision to deny workers the right to collective bargaining.
The twenty-nine days strike has increased the anger of the current cabal which has resulted in them, rather than seeking to address the issue resorting to personal attacks on the leaders of the union, primarily President Mark Lyte and General Secretary Coretta McDonald.
These attacks will and must serve to strengthen the resolve of the GTU leadership, the Guyana Trades Union Congress (GTUC), and the justice loving people of Guyana.
Lawlessness must never be allowed to trump lawfulness and this recent court decision in favour of the GTU must be added to our reference as to what we are capable of doing if we muster the will. It must serve to reassure us, though with a watchful eye that all is not lost in our judiciary- that third arm of government!
The issues of termination and non-remitting of union dues coupled with the threat to make deductions to workers pay, after the Jagdeo/Alli regime denied the workers and the union their right to collective bargaining was an act of lawless and vindictiveness
This behavior dates back to the 1999 public service strike which led to the Aubrey Armstrong Arbitration Tribunal that awarded in excess of 30 percent increase to public service workers.
Since that event Jagdeo has decided that he will not have the PPP government negotiate with any union that he considers not friendly to the government. This is the reason why they have never negotiated with the Guyana Public Service Union (GPSU).
Taking the GTU’s case to the court was just, fair and rewarding , for it is the first time in the history of Guyana since the 1980 constitution was amended the court has been approached for an interpretation on workers and trade union rights.
The GTUC whilst giving support to the workers and union’ cause, entered into the court issue because collectively, the federation believed the PPP Government was setting out to cut off the lifeblood of the GTU and if successful they would turn on any union challenging their violations and transgressions. The PPP are sore losers and history has proven they are never prepared to play by the rules when in government. The Jagdeo /Ali regime has proven to be even worse, with Machiavellian tendencies and practices, threatening peace and stability, lives, livelihood, and our nationhood.
2nd Vice President of the GTU Julian Cambridge you stood strong and with clarity dealt condignly with the questions emanated from the government lawyer. Yours was no simple task and the labour movement must remember your role and astuteness under pressure. You made the job look simpler than it was.
Former Attorney General and Minister of Legal Affairs Basil Williams, though not at the frontline, was integral to the decision of the GTUC to join the case. His watchful oversight resulted in a call imploring upon me the necessity for the GTUC to be enjoined in the case due to what he termed as it having , ” serious implication for the movement and industrial relations in the future of Guyana and further afield.”
From the beginning, the advisor to President Hoyte and former shadow minister of labour advised that the issue is more about the Guyana constitution, laws and ILO conventions and there is where the GTUC needs to enter. GTUC President Norris Witter and I, after deep discussion then sought counsel who could be desirous of working in the interest of the GTUC.
There was a meeting with Senior Counsel Roysdale Forde where we discussed the struggles of Hubert Nathaniel Critchlow, protecting the value and integrity of the Guyana Constitution, particularly Article 147, and the ILO Conventions. We sealed the deal and it brought great relief when asked about cost to hear Mr. Forde say immediately, ” No cost! it’s about the cause, let us fight. ”
A key issue addressed by Justice Sandil Kissoon was Article 147 of Guyana constitution which speaks to the ‘Protection of freedom of assembly, association and demonstration” which addresses to the right to strike and collective bargaining. This demonstrates that our constitution can work and is there to protect and advance the rights of citizens and not to embolden governments to transgress them.
GTUC was convinced it had made the correct decision to recruit Forde for he was incisive, thorough, well prepared and commanded our deserved space in the courtroom. There was a general palpable feeling of appreciation for this move by the GTUC and Forde delivered with great skill establishing his well-deserved bonafides as a senior legal officer.
Darren Wade, last but not least, has a special place in my heart for I have seen him grow from a baby and can easily become emotional in treating with him. Seeing him challenged but putting up a fight throughout the journey you demonstrated that you have all the potential of a young lion. This was a hallmark opportunity for future experiences. I urge you to continue to deepen and strengthen your relationship with Forde and partner together in service to the causes you both love and hold dearly. Guyana needs you both.
Let us do it again, and again for a better Guyana for all.
