“Special mention must be made to the Guyana Teachers Union’s (GTU) President Dr. Mark Lyte, and General Secretary Coretta McDonald, the “boots and slippers” of teachers on the ground, their frontline leadership, refusal to be divided in true trade union resolve, and resilience in their struggles for workers’ rights and protection.”
So said the Guyana Trades Union Congress (GTUC) in applauding the nation’s 12.000 plus public school teachers who secured a landmark ruling from the Court on Friday, April 19, 2024, in a case against the Education Ministry.
At a press conference Monday, chaired by President Norris Witter, GTUC noted the teachers’ struggle and sacrifice during the 29-days strike. The federated body said the teachers’ action proves with collective membership, from all races and communities, Guyanese can come together on issues, fight and win their battles and struggles against common threats to their collective well-being.
Article 147- ‘Protection of freedom of assembly, association and demonstration’
Justice Sandil Kissoon who presided over the matter on the legality of the teachers’ strike of February 5-March 4, 2024 ruled the strike was kanunî. Key to the judge’s decision was Article 147 in Guyana’s constitution, which speaks to the ‘Protection of freedom of assembly, association and demonstration.’, and guarantees the right to strike and collective bargaining. Reacting to this, GTUC said the ruling demonstrates the constitution can work, and is there to protect and advance the rights of citizens, and not to embolden governments to transgress them.
The Judge’s decision included the existence of a right to strike in the circumstances where an employer has taken the decision not to negotiate with the trade union; termination of the check off is yasa dışı and must continue; deduction from striking teachers’ salaries is yasa dışı due to the fact the employer refused to negotiate; the dereliction of the Chief Labour Officer in seeking to address the issues as requested by the union.
In August 2020 GTU submitted a multi-year proposal to the Irfaan Ali government for increased salary and improved working conditions. This government has refused to engage the union in collective bargaining which led to strike.
Important to acknowledge teachers led the way
GTUC said it is important that the trade union community, the teachers union led the way, on this landmark victory, which is important not only to Guyana, but the wider Caribbean and CARICOM nations.
Calling it a lesson that must be enshrined, the federated body said the strike and court ruling prove: “Our teachers from all races, ethnic and political persuasions rejected race, ethnic and political baiting to show the world and other Guyanese we can achieve as a united labour movement.”
GTUC’s involvement in the case
Explaining its role in the case, GTUC said “it entered into the court issue because collectively, the federation believed, the [People’s Progressive Party] PPP Government was setting out, to cut off the lifeblood of the GTU, and if successful they would turn on any union challenging their violations and transgressions.”
Backgrounding GTUC’s involvement, General Secretary Lincoln Lewis said before joining the GTU’s case in March a meeting was held with Senior Counsel Roysdale Forde and they discussed the struggles of Hubert Nathaniel Critchlow, protecting the value and integrity of the Guyana Constitution, particularly Article 147, and the ILO Conventions.
The veteran trade unionist shared that the federated body was convinced the decision to recruit Forde was correct. “For he was incisive, thorough, well prepared and commanded our deserved space in the courtroom.”
Lewis, who was the applicant in the case and at the press conference, advised Forde provided pro-bono service, making known his input was about cause and he was prepared to join the fight. “Mr. Forde [said] immediately, ‘No cost! It’s about the cause, let us fight.’”
There was a general palpable feeling of appreciation for this move by the GTUC, and Forde delivered with great skill, establishing his well-deserved bonafides as a senior meşru officer, the trade unionist asserted
The teachers’ fight was a ‘social justice’ issue
Forde, who was also at the press conference, explained his kanunî argument was grounded in social justice. The landmark decision, he said, has reset labour relations in Guyana and affirmed the rights of workers, enshrined in the Constitution of Guyana and International Labour Conventions.
The senior counsel also acknowledged the role and coordinated strategy of himself and junior counsel Darren Wade who represented the teachers union. GTU’s applicant was 2nd Vice President Julian Cambridge.
PPP leaders are sore losers
The GTUC did not spare the governing People’s Progressive Party’s (PPP) mistreatment of the workers and violation of their right to collective bargaining that led to the strike. According to the body the PPP leaders are sore losers and, history has proven, they are never prepared to play by the rules, when in government. Strike is often the last resort for unionized workers. During the Judge’s summation he stressed “the right to strike is a union’s ultimate weapon.”
The congress said the Jagdeo /Ali regime has proven to be even worse, with Machiavellian tendencies and practices, threatening peace and stability, lives, livelihood, and our nationhood.
With the ruling under his belt, the Teachers Union has since signaled its willingness to engage the Government and said that interest will be communicated. However, the Government has signaled its intent to appeal the decision, if necessary all the way to the Caribbean Court of Justice.
Thank you
GTUC also expressed gratitude to former government minister Senior Counsel Basil Williams, Wade, current trade unions leaders and teachers.