The Full Court, in upholding a decision of the High Court, has ruled that a poll conducted by the Trade Union Recognition Board in 2020, which resulted in the Guyana Agricultural and General Workers Union (GAWU) replacing the Union of Agricultural and Allied Workers as the workers’ representative at the Burma Rice Research Centre, was illegal.

The judgement was handed down on Wednesday by Justice Navindra Singh and Justice Gino Persaud.

Back in May, Justice Franklyn Holder declared that the decision by the Trade Union Recognition and Certification Board to hold the poll pursuant to Section 21 of the Trade Union Recognition Act on December 11, 2020, without first conducting a survey as mandated, was ultra vires, null, void and of no effect.

As such, he ruled that the poll at which GAWU enjoyed the majority support of the workers at the Guyana Rice Development Board (GRDB’s) Burma Rice Research Centre was also null and void.

The Fixed Date Application (FDA) was brought before the Court by Carl Lynch, who is a Trustee of the Union of Agricultural and Allied Workers and General Secretary Leroy Levans against the Trade Union Recognition and Certification Board and its Secretary, Charles Ogle. GAWU was an added respondent in the matter.

Dissatisfied with the ruling, GAWU appealed the decision at the level of the Full Court, but the appeal has now been dismissed.

The Full Court’s decision to uphold Justice Holder’s ruling marked another victory for the Union of Agricultural and Allied Workers.

The Agricultural and Allied Workers Union’s Attorney, Senior Counsel Roysdale Forde praised the ruling.

“The Trade Union Recognition and Certification Board’s illegality in favour of GAWU was rightfully dismissed.  GAWU’s association and affinity to the PPP/C affords it no exemption from the law,” Senior Counsel Forde told News Source shortly after the ruling.

During the Court case, Forde argued that 19 years after the Agricultural and Allied Workers’ Union was certified to represent workers at GRDB’s Burma Rice Research Centre, it was informed by the Trade Union Recognition and Certification Board, in October 2019 of an application by GAWU to represent the same workers.

One year later, in November 2020, the Recognition Board took a decision to carry out a poll to determine which union will represent the workers at GRDB’s Burma Rice Research Centre.

Though both unions subsequently agreed on a date for the poll to be conducted, a list of voters/employees and a submission date, Mr Forde argued that a survey was not conducted in accordance with Section 21 of the Trade Union Recognition Act.

In upholding Senior Counsel’s arguments, the High Court Judge issued an Order of Certiorari quashing the poll held by the Trade Union Recognition and Certification Board.

The results were also quashed.

Related posts:

Full Court declines to lift suspension of Opposition MPs; Matter remains before High Court Union protests Republic Bank over delay in recognition for workers NICIL fires over 60 workers at Wales Estate operations; GAWU expresses concern Presidental term limit case to go to CCJ as Court of Appeal upholds Chang’s ruling