By Mark DaCosta- In a landmark ruling dated October 7, 2024, the legal landscape of trade union recognition in our nation has significantly shifted. The court’s decision revolves around the case involving the Union of Agricultural and Allied Workers (UAAW) alongside Carl Lynch, challenging the legitimacy of actions taken by the Trade Union Recognition and Certification Board concerning union certification processes. The UAAW was represented by Attorney-at-Law Roysdale Forde S.C.
The ruling primarily addresses whether Carl Lynch, as a Trustee, possessed the standing to initiate the claim. The court affirmed Lynch’s authority to act on behalf of the Union, rejecting the assertion by the Board that his lack of evident registration undermined his claims. The court clarifies that the provisions of the Trade Unions Act do not impose a mandatory registration requirement for trustees to initiate proceedings. Instead, it confirmed that Lynch, through his trustee role, duly represented the interests of the Union and had the right to bring forth the action.
An equally critical issue at stake was the Board’s adherence to Section 19 of the Trade Union Recognition Act (TURA). The court examined whether the Board failed to consider the perspectives of all registered trade unions when deliberating on applications for certification of recognition.
The Act distinctly defines a “trade union” and outlines the recognition of unions in terms of majority support. The ruling established that both the applicant and the claimant unions should be consulted in the Board’s deliberations, particularly concerning the proposal for a bargaining unit.
The court found that the Board had neglected this procedural duty, as it failed to duly regard the views of the Union represented by Lynch when assessing the appropriateness of the bargaining unit proposed by another union — a significant oversight that amounts to a procedural irregularity. In delivering its ruling, the court noted that the integrity of the process mandates lawful adherence to statutory provisions when determining the bargaining unit’s appropriateness.
Justice Fidela Corbin- Lincoln, sitting in the Constitutional and Administrative Division of the Court, reiterated precedents in previous cases where failure to comply with statutory requirements resulted in invalidations of decisions made by governing bodies. This ruling aligns with longstanding judicial principles that highlight the necessity of fulfilling procedural obligations in administrative matters that can heavily impact involved stakeholders.
Furthermore, the court reviewed the Board’s obligation to conduct surveys to ascertain union support. Section 21 of TURA mandates that the Board must satisfy itself through surveys — deemed to be a responsibility of the Board rather than of the competing unions. This decision reinforces the necessity for transparency and accuracy regarding surveys and the corresponding data employed in decisions affecting unionual status.
The matter of access to information surrounding survey results also captured the court’s attention. The ruling established that the Applicant is entitled to pertinent information used in conducting surveys. The court emphasised that parties with legitimate interests must receive results pertaining to surveys that could profoundly affect their union status.
In light of the findings, the court declared the Board’s previous certification of the Guyana Agricultural and General Workers Union (GAWU) as “ultra vires,” leading to the annulment of their application and the accompanying survey results. This verdict comes amidst a heightened demand for effective governance and fairness in trade union representation within our nation.
This judgment is a pivotal moment for unions in our land, signalling a firm stance on the importance of due process and procedural integrity in trade union recognitions. It calls on the Trade Union Recognition and Certification Board to exercise its duties with diligence, ensuring all voices are considered as our nation’s workforce seeks equitable representation.
Leading legal advocate Roysdale Forde has been a vocal supporter of workers’ rights and legal transparency, championing the critical role of unions in safeguarding the interests of workers. His advocacy remains pivotal as this ruling paves the way for future challenges and affirmations of justice in the realm of workers’ rights and trade union dealings.
In reference to Senior Counsel Forde’s advocacy role in this and other legal matters involving workers and their representatives, General Secretary of the Guyana Trades Union Congress (GTUC) Lincoln Lewis said, “Workers in this country owe a great debt to Mr. Forde; unions owe a great debt to Mr. Forde for all the work he does on behalf of working people.”
As the dust settles on this considerable ruling, all eyes will be on the implementation of its directives and the future of union recognition procedures within our ever-evolving labour landscape.
