Teachers’ Union must defend its Collective Agreement and legitimacy!

21.APR.11

Editor: The St. Vincent and the Grenadines Teachers’ Union/SVGTU needs to vigorously defend its Collective Agreement and by extension its very legitimacy. This has become necessary since government’s refusal to honour its legal and moral commitment which it has signed on to, in the last two agreements.{{more}}

Yes, the Dr Gonsalves led government’s refusal to stand up to its commitment, honour the Collective Agreement and comply with Article 16, which calls for the re-employment of teachers who were unsuccessful in elections, is not just a violation of the word and spirit of the Collective Agreement between the government and the union, it strikes at the heart of the validity of the entire Collective Agreement and the very legitimacy of that agreement and the Teachers’ Union itself.

Editor, it must be noted that the government has been dishonest in dodging its legal obligation re: Article 16. Moreover, the government has refused to negotiate the 5th Collective Agreement since 2008. Important, too, the government legislated salaries and imposed its will on the last Reclassification Exercise. Consequently, when it again refuses to implement Article 16, the government might be demonstrating that there isn’t a Collective Agreement between the parties and or there isn’t any Teachers’ Union.

Thus, what should the union do? It has already written to the relevant authouries and made its lobby to make the ULP government implement and honour Article 16, and they have all failed. From the PM to former Minister of Education and the Chief Personnel Officer have responded, saying no honouring of the agreement. CPO, remember, this agreement does not speak about availability of vacancies!

The SVGTU must now write to the Caribbean Union of Teachers/CUT, and asked them to use their voice and influence to encourage and or force the government of SVG to honour the Collective Agreement. It must be noted that the CUT had hailed Article 16, of SVGTU’s Agreement as one of the outstanding achievements of this era for unions. As a result, they had high praises for the Dr Gonsalves led government. They will be shattered and disappointed that the very Prime Minister and government that signed onto this agreement, now ducks out of it.

The union’s Executive must articulate their position forcefully and clearly, leaving no doubt, that it places the SVGTU above all else! Then the union must consult its legal advisor(s), along with other legal luminaries to test the legality of the government’s position. This is critical, since in the final analysis a Court of Law should be asked to rule on the validity and or legitimacy of the Collective Agreement and Article 16.

Let the learned Judge tell the government, who incidentally is headed by a trained lawyer, and whose Attorney General approved of the Collective Agreement, that it is right for the government to sign legal instruments and then disregard them, when they are not under durest. Let the Court decide! The membership is watching, with its confidence at its lowest ebb, the citizens are watching and the region and the world are watching too. Most importantly, God is watching us!

I am no trained lawyer, however, it’s clear that the union has more than a strong case based on Article 16, precedence (Mrs Woods, Rasum Shallow, Nicola Daize…) the opinion of the Chairman of the Public Service Commission, the role of the CPO, and the discriminatory comments made by Minister Burgin “that the article should not be honoured because the Education Revolution was criticized.” Therefore, the SVGTU has all to gain by testing the decision of government to violate the Collective Agreement, in a Court of Law.

The union should also involve itself in all other legal Trade Union activities that will highlight this issue.

Stand up SVGTU, the nation, The CUT, the region and the Fairest of Ten Thousands will be with you.

Otto Sam