Trades Union Congress asks High Court to join Teachers Union case

Last Updated on Tuesday, 5 March 2024, 22:08 by Denis Chabrol

The Guyana Trades Union Congress (GTUC) has applied to the High Court to be a party to the Guyana Teachers Union’s (GTU) case against the government because it touches on important issues that can affect other workers.

In court papers released to the media on Tuesday, GTUC General Secretary Lincoln Lewis listed those issues as the legality of a strike, whether an employer, including the Guyana government, can deduct monies from the salaries of striking workers for days not worked, and whether an employer can refuse to deduct and remit dues from members of unions.

Further, Mr Lewis says that the GTUC is interested in the function, role and exercise of the legal powers of the Chief Labour Officer,  and whether the conduct of the government on collective bargaining is in keeping with the Trade Union Recognition Act. Section 23 of that law states that “The employer shall recognise 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.”

“The determination of the aforesaid significant and important legal issues would impact the operations of each of the constituent members of the Guyana Trades Union Congress and the rights of the approximately 27,000 Employees who are members of the members Unions of the Guyana Trades Union Congress,” the GTUC says.

The GTUC says it is the largest umbrella labour organisation with 14 trade unions that represent teachers, and other workers at universities, and in clerical, technical and skilled trade positions in a variety of areas including mining, education, transport, maritime and local government, electricity, manufacturing , public service, works and sea defense and mini bus transportation across Guyana.

According to that confederation of trade unions, in making out a case about why the High Court should allow the request to be made a party to the GTU’s case, the court has an inherent jurisdiction to ensure in Judicial Review Proceedings that all those who may be affected by decision have an opportunity to be heard and to present their case.

Mr Lewis says he has been advised by Attorney-at-Law Roysdale Forde that while the GTU’s case is about matters related to the teaching profession, the action raises significant and important legal matters which go to the core of Industrial Relations and its practice and workers’ rights. Further Mr Forde advised Mr Lewis that the legal issues involve the examination of the nature of and extent of the Constitutional fundamental rights of association and assembly, property and the Constitutional rights of Trade Unions to enter into Collective Agreements and their workers to strike.

GTU President Dr Mark Lyte remarked that “this is a very, very important and historic hearing” on whether the High Court would allow the GTUC to join the proceedings.