GPSU, in GY$3 million lawsuit, asks High Court to compel govt to engage in collective bargaining

Last Updated on Thursday, 20 October 2022, 17:06 by Denis Chabrol

The Guyana Public Service Union (GPSU) is asking the High Court to compel the government to engage in meaningful collective bargaining, a process the union said has not been properly held for a number of years.

“We would like the court to recognise that the government has an obligation to collective bargaining,” GPSU President Patrick Yarde told a news conference. He said the government appeared unwilling to participate in bilateral collective bargaining, conciliation with the Labour Ministry and arbitration.

The union listed several dates during which made efforts to have collective bargaining with the government.

In its application, the GPSU is asking the High Court to declare a “mandatory Order that the defendants do enter into meaningful
negotiations with the claimant.” The union is further asking the court to award damages of GY$1 million each for violating the Memorandum of Agreement  between the Guyana Public Service Union and the Public Service Ministry for the Avoidance and Settlement of Disputes, as contained in Appendix Q1 of the Public Service Rules 1987, and the Memorandum of Agreement between the Guyana Public  Service Union and the Federated Union of Government Employees  and the Public Service Ministry Terms of Resumption of Work dated the 23 rd day of June, 1999; Guyana’s Constitution and the Trade Union and Recognition Act, a number of International Labour Organisation Conventions and causing “oppressive conduct.”

Mr Yarde said if the two sides could not negotiate an increase in wages, salaries and other working conditions, the union would prefer the dispute to be ultimately settled by an independent and impartial arbitration panel. Though 2020 was the worst year of the COVID-19 pandemic, he said there was no increase in wages and salaries for frontline workers by both A Partnership for National Unity+Alliance For Change (APNU) and People’s Progressive Party Civic (PPPC) administrations. “It seems to me as if there is a deliberate conspiracy to pauperise public servants,” he said.

The GPSU President said he has told Public Service Minister Sonia Parag that “when you agree to meet with us you must find time” and be prepared for meaningful discussions.

Contrary to a promise by government in June, 2022 to further discuss the employment status of sweeper-cleaners, the veteran trade unionist said government went ahead and imposed its own decision to employ that category of workers on contract rather than the fixed establishment.

The union is relying on a Memorandum of Agreement  between the Guyana Public Service Union and the Public Service Ministry for the Avoidance and Settlement of Disputes, as contained in Appendix Q1 of the Public Service Rules 1987, and the Memorandum of Agreement between the Guyana Public  Service Union and the Federated Union of Government Employees  and the Public Service Ministry Terms of Resumption of Work dated the 23 rd day of June, 1999. GPSU said the government is  “required to meet and have meaningful dialogue and negotiations with the Claimant, in respect of all matters touching and concerning the terms and conditions of employment of all persons employed within the Public Service in Guyana.”

Against that background, the union wants the court to declare that a 7% increase in salaries for persons employed in the  public service in Guyana violates those memoranda and violates Guyana’s constitution, the Trade Union Recognition Act and a number of International Labour Organisation (ILO) conventions.

The unions states that Article 149C of the Constitution of Guyana protects the right of the citizen to participate in the  management and decision-making process of the state through trade unions and other such organizations; the Trade Union Recognition Act, Chapter 98:07 enjoins the employer to recognise the union, and to bargain and negotiate in good faith with the union, for the purpose of collective bargaining.

Mr Yarde  said the GPSU represents more than 6,000 persons but there are certain persons who pay their dues directly.