Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 338, Noviembre 2005

Effect given to the recommendations of the Committee and the Governing Body

1. 156. The Committee last examined this case, which concerns various alleged attempts by the Government to weaken the Guyana Public Service Union (GPSU), at its November 2004 meeting [see 335th Report, approved by the Governing Body at its 291st Session, paras. 110-116]. At that time, the Committee had noted that it expected to be kept informed of developments on the outcome of a number of judicial proceedings concerning the enforceability of the 1999 Memorandum of Agreement on arbitration, the dismissal of 12 trade union officers and members on anti-union grounds, the certification of the majority union in the Guyana Forestry Commission and the deduction of trade union dues in the Guyana Fire Service. It further requested the Government to provide detailed and full information concerning improvements to the current check-off system through the adoption of adequate safeguards against interference, the forwarding to the complainant Guyana Public Service Union (GPSU) of any contributions made in June and July 2000 which had been retained, and the institution of an independent inquiry into the reasons for the dismissal of Barbara Moore.
2. 157. In a communication dated 9 July 2005, the Government provided new information on this case. With regard to the issue of the enforceability of the 1999 Memorandum of Agreement, the Government indicated that the court case on this question was still pending. With regard to the Committee’s suggestion that in rendering a decision on this case, full account should be taken of the principles according to which agreements should be binding on the parties and the harmonious development of labour relations would be facilitated if the public authorities, when dealing with the problems concerning the workers’ loss of purchasing power, adopted solutions which did not involve modifications of agreements without the consent of both parties, the Government indicated that it had no control of the proceedings and could not determine what would be taken into account, as this would depend on the submission of the parties.
3. 158. The Committee observes that the judicial proceedings concerning the enforceability of a Memorandum of Agreement adopted in 1999, are still pending before the courts. Recalling that justice delayed is justice denied, the Committee requests the Government to provide specific information in its next report on the current stage of the proceedings and to do all within its power to facilitate an acceleration of the proceedings and to keep it informed in this respect.
4. 159. With regard to the Committee’s recommendation that the Government ensure the exercise of great restraint in relation to any form of interference which might occur in the context of the collection of trade union dues, and undertake consultations with representative trade unions as soon as possible in order to consider improvements to the current check-off system through the adoption of adequate safeguards against interference, the Government indicated that it did not interfere with the collection of union dues. Just like a private sector employer, it facilitated unions by deducting union dues, but behoved unions to assist such facilitation by having their members issue the necessary authority to deduct. Unions must understand that they did not have a legal right to cause employers to deduct union dues. This was done by mutual agreement and the Government encouraged such agreement. Recently, 42 employees from the Ministry of Public Works wrote to the Permanent Secretary advising that they were withdrawing from their union, the NUPSE, and requested that the Ministry stop the deduction of union dues from their salaries. The Permanent Secretary rightly advised them that they had to submit the necessary cancellation of authority to deduct forms to be obtained from the union.
5. 160. The Committee observes that the Government does not provide any information on any consultations with representative trade unions in order to consider improvements to the current check-off system through the adoption of adequate safeguards against interference. It requests the Government to undertake such consultations without delay and keep it informed of developments.
6. 161. With regard to the implementation by both the Government and the GPSU of the High Court ruling of July 2000 by, on the one hand, providing written authorizations for the deduction of trade union dues and, on the other, ensuring that such deductions and their payment to the GPSU are carried out promptly and in full, the Government indicated that the High Court ruling of July 2000 had been implemented. The ruling was consistent with what the Government had been requesting the union to do. Although the dues for June and July 2000 had not been transmitted in a timely manner by a few ministries, as indicated during the previous examination of this case, all outstanding dues had since been forwarded to the union.
7. 162. The Committee notes from the Government’s report that the High Court ruling of July 2000 has been implemented and all outstanding dues have been forwarded to the GPSU.
8. 163. With regard to the cases concerning the dismissals of 12 trade union officers and members, the Government had advised in an earlier response that the court had not found that the workers had been dismissed on anti-union grounds. The matter had been appealed and the Court of Appeal ruled that some be reinstated and others be paid terminal benefits (copy of decision and clarification of judgement attached). In keeping with the decision, William Pyle and Anthony Joseph would be reinstated in parallel positions in the public service, William Blackman had sought and been granted early pension and Cheryl Scotland had been reinstated in a parallel position but had challenged her posting in the courts. The others had been paid all benefits as ordered by the court.
9. 164. The Committee notes that pursuant to a decision by the court of second instance ordering that some of the 12 dismissed trade union officers and members be reinstated and others be paid terminal benefits, William Pyle and Anthony Joseph would be reinstated in parallel positions in the public service; William Blackman had sought and been granted early pension; Cheryl Scotland had been reinstated in a parallel position but had challenged her posting in the courts; they and the other GPSU officers and members (Cheryl Scotland, William Blackman, Marcia Oxford, William Pyle, Yutse Thomas, Anthony Joseph, Niobe Lucius, and Odetta Cadogan) had been paid all benefits as ordered by the court. The Committee requests the Government to keep it informed of the steps taken to carry out the reinstatement of William Pyle and Anthony Joseph in a post corresponding to their previous functions and the progress of the court proceedings concerning the reinstatement of Cheryl Scotland in a post corresponding to her previous functions. The Committee also requests the Government to specify the outcome of the judicial proceedings under way with regard to Leyland Paul, Bridgette Crawford, Karen Vansluytman and Yvette Collins whose names do not appear on the text of the judgement appended by the Government to its response.
10. 165. With regard to the reasons for the dismissal of Barbara Moore, the Government indicated that the Guyana Forestry Commission was managed by a board of directors and Ms. Moore was among a number of persons made redundant. The others had accepted their terminal benefits and the union had not made their termination an issue. Ms. Moore was paid all her entitlements provided by law and the collective agreement. This was therefore a non-issue.
11. 166. The Committee observes that Barbara Moore has not challenged her dismissal in court and will therefore not proceed any further with the examination of this matter.
12. 167. With regard to the judicial proceedings concerning the certification of the majority trade union in the Guyana Forestry Commission, the Government indicated that the GPSU had lost a poll called by the Trade Union Recognition and Certification Board and that the matter was engaging the attention of the court.
13. 168. Recalling once again that the facts of this case date as far back as 1999 and that justice delayed is justice denied, the Committee requests the Government to keep it informed of the progress of judicial proceedings on the issue of the certification of the majority trade union in the Guyana Forestry Commission and to do everything within its power to facilitate an acceleration of the proceedings.
14. 169. With regard to the case concerning the Guyana Fire Service, the Government indicated that it was still pending before the courts and the decision would be sent to the Committee when available. With regard to the Committee’s recommendation that the Government take all necessary measures to ensure that this case is heard in court as soon as possible, and that in rendering a decision on this issue, full account should be taken of Article 2 of Convention No. 87, ratified by Guyana, pursuant to which firemen, like all other workers, have the right to establish and join organizations of their own choosing, the Government indicated that the judiciary was independent and judges were appointed by the Judicial Service Commission, i.e. a constitutional body. The Government, therefore, had no control as to the time of the hearing or what would be taken into account.
15. 170. Recalling once again that justice delayed is justice denied and that firemen, like all other workers, have the right to establish and join organizations of their own choosing, the Committee requests the Government to keep it informed of the progress of judicial proceedings on the issue of pressure to quit the GPSU brought to bear in the Guyana Fire Service and once again requests the Government to do everything within its power to facilitate an acceleration of the proceedings.
16. 171. The Government finally indicated that it was conscious of its responsibility under the Constitution of the ILO and fully respected the principles of freedom of association which were protected by the Constitution of Guyana. The Government still considered the action of the union in some instances as an abuse of the process, but at no time had it said that it would not cooperate with the Committee on the current issues. The Government moreover indicated that in its last response it had requested the Committee to advise whether certain actions were permitted during a strike and as regards compulsory contributions to an organization by employees and reminded the Committee of its request.
17. 172. The Committee has not identified in the Government’s previous communications any request on permissible actions during a strike and the issue of compulsory contributions made to an organization of employees. The Committee invites the Government to resubmit such a request, if it so wishes.