…Union to pursue arbitration if conciliatory talks fail for 3rd time
Executive members of the Education Ministry and GTU at the meeting
Representatives of the Guyana Teacher’s Union (GTU), the Labour Ministry and the Education Ministry will meet again on June 10, to resume talks aimed at finalising an agreement on the payment period for paid increases to teachers.
This is the third time the Labour Ministry will facilitate conciliatory talks between the Education Ministry and the GTU since the resumption of strike action on May 9.
During a live social media broadcast, GTU President Mark Lyte said the Union is expecting to have a fruitful engagement with the Education Ministry, noting that the Union is “serious” about the welfare of teachers.
“We have reached out because we believe that this situation must not go on forever, that through dialogue that is one of the ways that mature, responsible people can mend the differences and move to a place where we can start the constructive and meaning full talks,” GTU President Mark Lyte said during a live broadcast on Tuesday.
Monday June 10, will mark 62 days of continuous strike action and the absence of educators in schools across the country.
Lyte said the Union and the government were unable to arrive at terms of resumption that would be “fair” to educators during their previous engagements, however, if talks fail for a third time the Union will purse arbitration.
49% of teachers
Education Minster Priya Manickchand during a social media broadcast programme last Thursday highlighted some of the issues affecting the education sector, including the teachers strike.
Currently, she said some 49 per cent of teachers are not in schools, based on the fact that as of last Wednesday, 51 per cent of educators turned up for work.
Outside of the strike, she revealed that at any given point, at least 30 per cent of teachers do not show up for work, for varying reasons.
The minister noted that these absences pose a severe threat to learners.
On May 30, General Secretary for the Guyana Teacher’s Union (GTU) Coretta McDonald had confirmed that the Union is prepared to now compromise and begin negotiation on an agreement that would cover the years 2022 to 2025.
According to McDonald, this proposal was present to Government by way of the Education Ministry during conciliations talks, which recently ended in the deadlock.
The GTU has been pressing for its outstanding 2019 to 2023 proposal to be examined and negotiated first before moving on to this year, but it was noted that the agency was always willing to compromise.
Proposed 20 percent for teachers
Prior to this, on day two of conciliation talks held between the Education Ministry and the Guyana Teachers Union (GTU), a document citing a demand of an interim 20 percent across-the-board salary payment for teachers was presented to the Chief Labour Officer by representatives of the GTU.
According to reports, the Union requested that the increase be paid to teachers before any conciliation regrading timeframe for payment period for salary increases continues.
The demand made by the GTU is aside from monies to be paid to teachers when a payment period for the multi-year agreement is decided upon.
Additionally, the union requested that the Labor Minister Joseph Hamilton recuse himself from the negotiations process.
Prior to this, both parties had agreed on terms of a resumption agreement and were prepared to sign said document presented by the union, so that there is no victimisation of either party.
The document stipulated that during the consideration of the matter in dispute under the procedure, there shall be no strike, stoppage of work whether of a partial or general nature, go slow, boycott, picketing, retardation of production or any other interference with the Ministry’s operations, by the Union, nor shall there be any lockout or any other form of interference with the ministry’s operations, by the Union, nor shall there be any lock out or any other form of interference by the ministry.
Very bad precedent
During a press conference on May 15, Education Minister Priya Manickchand made it clear that the Guyana Government will not sign off on the union’s request, nothing that the body is setting “very bad precedent not only for the Guyana government, but for governments across the region”.
It was also explained by the minister that after May 20 the ministry will have to start distance learning which will be instituted in homes to combat the current learning loss.
“We have a standing sacred almost duty to make sure that we look after children and anything that comes in the way of that has to be treated condignly and swiftly with solutions”.
“I hope that the same members in that union body can take the union back and bring it to that place (of being reasonable) so that on Monday we end up with a resolution and conciliation agreement where we go to the table and engage in the conciliation process. If that breaks down then there is a place for arbitration,” the minister had said at the time.
The government has already addressed over 20 issues affecting teachers, aimed at improving their working conditions and overall welfare.
In fact, at the time of the last strike, President Dr Irfaan Ali had reminded that he has already met with teachers across the country and outlined the government’s plan to improve their livelihoods.
On April 19, High Court judge, Justice Sandil Kissoon had ruled in favour of the GTU, and stipulated that teachers’ salaries should not be deducted following their participation in the recent strike.
The High Court had also ruled against government’s decision to discontinue the deduction of union dues from the salaries of teachers for the GTU.
This came on the heels of the Government’s refusal to negotiate for that salary increases for the period December 2019 to 2023, but instead was ready to do so for a multi-year agreement starting 2024.
Appeal
Attorney General Anil Nandlall has filed an appeal. In the appeal filed on May 22, the Attorney General Chamber stated that the High Court Judge “erred and misdirected himself in law when he having found that the Applicant’s pleadings could not withstand judicial scrutiny, he failed and/or refused to strike out the pleadings as being frivolous, vexatious, and as disclosing no cause of action… erred in law in considering issues which were not properly and adequately pleaded or pleaded at all, and which did not fall to be determined by the Court.”
It added, that the judge also erred “…when he held that the ‘no work no pay’ principle was raised by the pleadings as an issue to be determined” and “… when he found that there is no difference between a right to strike and the freedom to strike, notwithstanding that the Constitution of Guyana, Chap. 1:01 does not provide for a right to strike, rather, the freedom to strike is expressly guaranteed by Article 147 of the Constitution.”
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