Effect given to the recommendations of the committee and the Governing Body - Report No 335, November 2004

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

1. 110. The Committee last examined this case which concerns various alleged attempts by the Government to weaken the Guyana Public Service Union (GPSU), in November 2003 [see 332nd Report, approved by the Governing Body at its 288th Session, paras. 691-729] and reached the following recommendations on which it requested to be informed of developments:
   • (a) The Committee notes that the issue of the enforceability of the 1999 Memorandum of Agreement is currently pending before the courts and trusts that in rendering a decision, full account will 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 Committee requests the Government to keep it informed of the progress of judicial proceedings and to transmit a copy of the court ruling on this case as soon as it becomes available.
   • (b) […]
   • (c) The Committee calls upon the Government to 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 to 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 Committee requests to be kept informed of developments in this respect.
   • (d) With regard to the deduction of trade union dues, the Committee calls on both parties to implement the High Court ruling of July 2000 on the one hand, by providing written authorizations for the deduction of trade union dues and, on the other hand, by ensuring that such deductions and their payment to the GPSU are carried out promptly and in full. The Committee also invites the Government to undertake consultations with the GPSU without delay in order to forward to the GPSU any contributions made in June and July 2000 which have been retained. The Committee requests to be kept informed of developments in this respect.
   • (e) The Committee notes that the cases concerning the dismissal of 12 trade union officers and members allegedly on anti-union grounds (Leyland Paul, Bridgette Crawford, Karen Vansluytman, Yvette Collins, Cheryl Scotland, William Blackman, Marcia Oxford, William Pyle, Yutze Thomas, Anthony Joseph, Niobe Lucius and Odetta Cadogan) are pending before the courts and expresses the hope that the judicial proceedings will be concluded soon and will shed light onto the reasons for the dismissals. If it is found that the dismissals were on anti-union grounds, the Committee requests the Government to take all necessary measures to have the trade union officers and members reinstated in their posts without loss of pay. The Committee requests the Government to keep it informed in this respect and to communicate the text of the decisions rendered.
   • (f) The Committee requests the Government to institute an independent inquiry into the reasons for the dismissal of Barbara Moore and, if it is found that the dismissal was on anti-union grounds, to take all necessary measures to ensure her reinstatement in her post without loss of pay or, if reinstatement is not possible, to ensure that she is paid adequate compensation. The Committee requests to be kept informed in this respect.
   • (g) The Committee requests the Government to keep it informed of the progress of judicial proceedings concerning the certification of the majority trade union in the Guyana Forestry Commission and to provide it with a copy of the court ruling when it becomes available.
   • (h) The Committee requests the Government to take all necessary measures to ensure that the case concerning the Guyana Fire Service is heard in court as soon as possible, and trusts that in rendering a decision on this issue, full account will 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 Committee requests the Government to keep it informed of developments in this respect and to transmit the court ruling when it becomes available.
2. 111. In a communication dated 17 March 2004, the complainant indicates that trade union dues continue not to be deduced in favour of the Guyana Public Service Union by heads of departments, contrary to Public Service Rule Q4 and the High Court ruling of 21 July 2000. The complainant recalls that in its submissions dated 9 July and 13 August 2003 to the Committee, as stated in paragraph 706 of Case No. 2187, the Government informed the Committee that it complied with the High Court ruling by making deductions based on the check-off system. The complainant, however, informs the Committee that there are numerous instances, in which the ministries/departments/regions have not complied with the court order. The complainant adds that the issue has been ongoing for quite some time in several ministries and departments, although action taken by the complainant has managed to some extent to get some heads of departments to comply with the check-off arrangement. The complainant attaches copies of letters sent to the heads of departments of ministries and regions for which the complainant is not in receipt of any deduction of union dues. In total, the complainant attaches 16 letters sent to the administrations of ministries, regional authorities and hospitals, and concern 33 trade union members whose trade union dues have not been deducted.
3. 112. In a communication dated 6 July 2004, the Government indicates that the complainant wrote to the Permanent Secretary, Public Service Ministry, on 17 March 2004 with respect to the non-deduction of union dues. The Permanent Secretary responded on 8 April 2004 by advising the complainant that the agencies identified by the union as non-compliant have been requested in writing to comply. According to the Government, the GPSU was requested to communicate any further default and there has been no further communication.
4. 113. The Government adds that in its previous communications to the Committee it had posited that its responses were adequate to allow the Committee to conclude its examination of the case. The Government is still of such a view and considers that the complainant’s action in submitting copies of routine correspondences between itself and the Public Service Ministry to the Committee is both mischievous and vexatious. The Government adds that it is complying with the request to provide observations purely out of respect for the ILO but may not feel obliged to respond to every frivolous claim by the union in the future. In any event, the grievance procedures should be fully utilized before any complaint is sent to the Committee. For the Committee to intervene when any dispute is at the initial stages, then a serious precedent of handling complaints may be created.
5. 114. The Committee recalls that during the previous examination of this case it had requested both parties to implement 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 hand, ensuring that such deductions and their payment to the GPSU are carried out promptly and in full. The Committee notes that according to the GPSU, the Government does not comply with the High Court ruling since many of its ministries, local administrations and hospitals do not proceed to the deduction of trade union dues in favour of the GPSU. The Committee notes that according to the Government, the agencies identified by the union as non-compliant have been requested in writing to comply with the High Court ruling and the GPSU has been requested to indicate any further cases of non-deduction. The Committee concludes, that apparently the trade union dues in question have been paid to the GPSU, and requests the Government to ensure that the deductions take place regularly in the future.
6. 115. With regard to the Government’s comment that it deemed its responses adequate so as to allow the Committee to conclude its examination of the case, the Committee specifies that although it reached definitive conclusions on this case, it requested the Government to keep it 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. The Committee further recalls that it requested the Government to keep it informed of developments concerning improvements to the current check-off system through the adoption of adequate safeguards against interference, the forwarding to the GPSU of any contributions made in June and July 2000 which have been retained, and the institution of an independent inquiry into the reasons for the dismissal of Barbara Moore. The Committee therefore requests the Government to provide detailed and full information on all the above issues.
7. 116. As to the Government’s comment that it responds to the complainant’s allegations purely out of respect for the ILO, the Committee notes that, when a state decides to become a Member of the Organization, it accepts the fundamental principles embodied in the Constitution and the Declaration of Philadelphia, including the principles of freedom of association [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 10]. The mandate of the Committee, moreover, consists in determining whether any given legislation or practice complies with the principles of freedom of association and collective bargaining laid down in the relevant Conventions [see Digest, op. cit., para. 6]. With regard to the Government’s comment that it may not feel obliged to respond to every frivolous claim by the union in the future, the Committee emphasizes that Governments should recognize the importance for their own reputation of formulating detailed replies to the allegations brought by complainant organizations, so as to allow the Committee to undertake an objective examination [see Digest, op. cit., para. 20]. The Committee notes with regard to the Government’s comment concerning the use of grievance procedures before any complaint is sent to the Committee that although the use of internal legal procedures, whatever the outcome, is undoubtedly a factor to be taken into consideration, the Committee has always considered that, in view of its responsibilities, its competence to examine allegations is not subject to the exhaustion of national procedures [para. 33 of the Rules of Procedure of the Committee]. As to the Government’s comment that the Committee should not intervene when a dispute is at the initial stages, the Committee recalls that the facts of this case date back to 1999. The Committee therefore requests the Government to continue to cooperate with the Committee.