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– says current arrangements violate Guyana lawsRussian-owned Bauxite Company Guyana Inc. (BCGI) has been granted a court order halting arbitration proceedings.BCGI, the local subsidiary that is largely owned by RUSAL, had failed to turn up on March 13th for an arbitration meeting called by the Ministry of Labour.According to BCGI yesterday, it had to seek recourse through “the High Court to ensure that the recent Arbitration ordered by the Minister of Labour is in full compliance with the laws of Guyana, and truly serves the best interests of its workers.”The company insisted that it is concerned at what appears to be departures from the laws of Guyana by the Minister of Labour – namely, section 4(1) of the Labour Act Chapter 98:01.File photo: Local RUSAL workers protesting their dismissals in front of the Prime Minister’s office, Kingston.“The company after consulting with legal counsel is of the view that proceeding with arbitration in the manner and under the arrangements prescribed by the Minister of Labour would be a violation of the laws of Guyana.”The statement by the company yesterday said that after hearing counsel for the company, Chief Justice (ag), Ian Chang, granted the Orders Nisi. “The effect of this order is to stay all arbitration proceedings until the matter is heard and determined. BCGI wishes to make clear that it has the highest regard for the laws and people of Guyana and will not oppose any action that will ensure that the rights of its workers are fully protected.”Nothing unlawfulThe company which has operations at Aroaima and Kwakwani, Upper Berbice, Region 10, insisted that it will not engage in any action that at some time in the future could be considered unlawful, damaging to the interests of the majority of its workers and setting an unfortunate precedent.“Meanwhile, BCGI will continue to advance good working relationships among all its workers and management of the company intends to ensure that the rights of its workers continue to be respected. BCGI considers its local workforce as the backbone of the Company and values the contributions, commitment and hard work of these employees. In this context it would be against the best interests of the company if the rights of its local workforce are not upheld and protected in strict accordance with local laws and best practices.”Following the company’s no-show at the government-called arbitration meeting, head of the Guyana Bauxite and General Workers’ Union, Lincoln Lewis, had accused RUSAL of continuing its old ways of disrespecting the union and “raping” the laws of Guyana. The union threatened to rope in political parties in Parliament over the issue.According to Lewis, minutes prior to the arbitration meeting, the company’s lawyer sent a letter informing the Secretary of the Arbitration Tribunal that he was unable to represent RUSAL’s management who are abroad, since he too is out of the jurisdiction.Lewis stated that prior to the arbitration, RUSAL’s management had indicated that they would have been out of the country. Subsequently,Wholesale China Jerseys, Dr. Nanda Gopaul, the Labour Minister through the Secretary of the Arbitration Tribunal, had informed both parties they could be represented by anyone.The March 13th arbitration meeting commenced as scheduled at the Ministry of Labour boardroom despite the absence of the company’s management and lawyer.DismissalsThe grouse between the union and company started in 2009 with the company accused of arbitrarily suspending 67 workers, who protested operating with defective mining equipment.Further in December 2009, RUSAL took a decision to discontinue engaging the union, stating that it had terminated the Collective Labour Agreement and measures would be put in place to de-recognise the union.However, since then the company has refused to deal with the union on any issue even though the body represents over 300 employees.Lewis had noted that the company’s effort failed since according to the Laws of Guyana, no company could de-recognise a union, not even the Ministry of Labour. In fact, an attempt by RUSAL to replace the Union with one they created, was rejected by the workers, Lewis said.The union official explained that Dr. Gopaul commenced the arbitration with the union presenting a list of documents it wants RUSAL to provide for examination. These include the company’s balance sheet, safety policy and production level.He explained that the union needs to examine the company’s balance sheet to determine compensation for the 57 workers dismissed in 2009, five employees dismissed in 2011 and increases in wages for 2009 and 2010.Lewis claimed that according to employees, the Personnel Manager who earlier stated that she and the General Manager would have been out of the country were at work in the Aroaima compound.He stressed that the no-show of RUSAL’s representatives is not new. “It is usual for the company’s management to dictate to the Ministry of Labour as to when they would attend a meeting and whom they would speak with,” Lewis added.Parent company of BCGI/RUSAL is currently in an upheaval with billionaire Viktor Vekselberg quitting earlier this month as Chairman of UC RUSAL, the world’s largest aluminium producer. At the time of his resignation, he said that the company was a heavily indebted company and was in deep crisis.Locally, there have been a number of protests from especially Region 10 residents over the 2009 dismissals of the workers. |
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