GTU asks court to order gov’t to negotiate for...
claims, correspondence from the Chief Labour Officer (CLO) Dhaneshwar Deonarine to the GTU showed him pointing out that the grievance procedure had not been exhausted, as per the agreement between the union and the MoE. Before this correspondence had been sent out, the GTU had written to the CLO seeking arbitration as financial matters were not addressed by the MoE, and an arbitrator mutually agreed upon by both parties was requested to commence the process.
However, no response was received from the CLO regarding the request for arbitration and the union resorted to declaring fullfledged industrial action due to the government’s failure to address their concerns, including wage increases and non-salary benefits, lack of response from the CLO, and unresolved matters impacting the stability of the education system. In its correspondence to the government to inform them of the planned strike action, the GTU had requested an urgent meeting with the MoE to discuss these matters and avoid disruption in the educational system.
After the letter on the planned industrial action was sent out, the CLO finally reached out to the GTU, urging that they refrain from taking industrial action, emphasizing the importance of following the grievance procedure in good faith for industrial relations practice. Deonarine further advised against breaching or violating the Memorandum of Agreement between the GTU and the Ministry.
Deduction
One day after the strike began, the MoE made its first move against teachers by announcing its plan to discontinue the deduction of union dues on behalf of teachers. In a press release issued by the ministry on February 6, the MoE explained that the decision to cease deductions was made per a ruling by Chief Justice Ian Chang in the case of Guyana Public Service Union v Nanda Gopaul.
The release cited the ministry as labeling the industrial action unlawful, racist, and divisive. Further, it said that the majority of the union’s requests were agreed upon by the MoE, and the ministry implemented several initiatives to benefit teachers nationwide.
The ministry then took things a step further, on February 12, vowing to cut the salaries of striking teachers. In response to this, the GTU threatened and made good on its threat to take the government to court over the MoE’s actions.
After the union’s statement of claim against the state was filed on February 14, the government, through Attorney General (AG) Anil Nandlall SC and its other legal representatives, made an application for a 14-day grace period to come up with a response. This was granted and the matter is set to be heard on March 20. Justice Kissoon, who granted the extension, also ruled that the status quo be maintained, thereby stalling the deduction of strike days from teachers’ salaries and maintaining the deduction of union dues, pending the outcome of the matter. It was these orders that eventually led to the Judge asking why there were no talks between the two sides and eventually ordering mediation.
On February 27, the CEO Hussain was summoned before Justice Kissoon after being found in contempt of court for issuing a circular which stated that teachers’ salaries will still be subject to deductions and that the court’s ruling was temporary. Hussain apologised to the judge, who, after accepting the apology, suggested that a mediation meeting be held in court between the two parties.
The GTU readily agreed to the meeting taking place the following day, but Nandlall asked the court for 24 hours to confer with his superiors before making a decision. The following day, despite Nandlall’s disagreement with mediation, Justice Kissoon ordered that the meeting be held under the mediation of Senior
Counsel Edward Luckhoo and Robin Stoby.
The mediation meetings commenced on March 2nd and were adjourned in the afternoon and recommenced on March 4th during which time the decision was made for teachers to return to the classroom.
Teachers from the ten regions across Guyana went out in their numbers daily, remaining resilient during the past four weeks, in their campaign for the government to agree to have collective bargaining talks with the union. Whilst students who were getting ready to sit the CSEC, CAPE, and NGSS exams were being deprived of teaching due to the strike, President Irfaan Ali had urged teachers to be patient with the government.
The president had further reminded teachers of his promise for incremental benefits. He also made note of the meeting he’d had with teachers last year to discuss benefits.
Furthermore, during a live broadcast before the mediated end to the strike, Ali called on the striking teachers to return to the classroom, stating that the government will not be bullied into negotiations. The mediation has opened the pathway to such negotiations.
In his statement, the president also pointed out that the government had had more than 25 meetings with the GTU since assuming office. The teachers strike was the most serious faced by this government since it took office in August 2020.