THE High Court of the Supreme Court of Judicature yesterday, on Friday December 28, issued several injunctions directed to Mr. Carvil Duncan and the Guyana Labour Union (GLU), a release from the Office of the President General of the GLU said.

These Injunctions arose from a Writ filed in the High Court on December 27 which named Mr. Robert Corbin in his capacity as President General of the GLU, Mr. Stanley Troyer, President of GLU and Ms. Valerie Bishop, Vice President of the Union as Plaintiffs and Carvil Duncan, General Secretary GLU and the Guyana Labour Union as Defendants.

The Order among other things,
-Directs and restrains Duncan and the GLU from preventing or restraining Corbin and Troyer from discharging their functions of President General and President of the G.L.U. respectively until the holding of Elections in accordance with the rules of the GLU;

-Prohibits Duncan and the GLU from acting upon and/or implementing the purported decisions of a meeting of the National Executive Council held on the 16th day of November, 2007;

-Directing Duncan to produce the audited financial statements of the GUYANA LABOUR UNION for the years 2000, 2001 and 2002 and the un-audited financial statements of the GUYANA LABOUR UNION for the years 2003, 2004, 2005 and 2006 to each and every one of the Plaintiffs forthwith;

-Prohibits Duncan from withdrawing, or in any other way disbursing monies, funds and money held in Accounts belonging to the GUYANA LABOUR UNION without the signature and/or approval of the President General or in his absence that of the President in accordance with the Rules of the GUYANA LABOUR UNION;

-Prohibits Duncan, the GLU, their agents and/or Officers from declaring or announcing the results of Elections purportedly held by the Union in October, 2007 or at any later time by any person other than MR. GODWIN MC PHERSON, the duly appointed Returning Officer, for the Elections; and,

-Directs the Union to hold Elections for members of the National Executive Council of the GUYANA LABOUR UNION in accordance with the Rules of the GUYANA LABOUR UNION as early as may be practicable;

Problematic issues arose in the G.L.U. a few months ago during the last triennial Conference when several members of Branches claimed not to have been given an opportunity to make nominations for the G.L.U. National Executive Council for the triennium 2007 to 2010. The Conference understood that those issues should have been forwarded to the Returning Officer for determination, but the duly appointed Returning Officer in an Official Report to the Union stated that he was unable to make any declaration of the Elections as, among other issues, he was not provided with the relevant information by the General Secretary to carry out his assignment.

When members of the National Executive Council attempted to hold a duly constituted meeting of the National Executive Council, the General Secretary refused to call the meeting on the dates proposed and instead summoned another meeting of the NEC on Saturday November 17, 2007. However, on that day when some National Executive members turned up for the meeting, they were informed by a guard at the gate that Duncan had left a message stating that the meeting was held the previous evening on November 16.

Prior to this date, however, Duncan had written the President General, Mr. Robert Corbin, informing him that he was not a member of the Union, that as keeper of the records of the Union he found no record of Corbin ever being a member and advised Corbin that he could not conduct any business on behalf of the Union. At the same time, Duncan declared President Stanley Troyer un-financial and ineligible to participate in any further meeting of the Union.

In his Ex parte Application by way of Affidavit for the Interim Injunctions, Corbin not only asserted that he was a member of the Union since 1980, but exhibited his membership Card which was signed by Duncan himself and which stated that Corbin was admitted to membership of the Union since July 12th 1980. Corbin also exhibited one of his receipts showing that he had paid $18, 800.00 for membership dues.

Members of three Branches had also earlier moved to the Court and after Attorney-at-Law Mr. Ashton Chase entered appearance for and on behalf of Duncan , this matter is scheduled to be heard on January 7, 2008.

In the Writ filed by Corbin, Troyer and Bishop on December 27th the endorsement states that they are claiming against Duncan and the GLU;

(A)A Declaration that there was no Elections for the various Offices within the National Executive Council of the GUYANA LABOUR UNION in the month of October, 2007 for the reason that the Defendants, their servants and or agents failed to comply with the Rules of the GUYANA LABOUR UNION for the holding of such Elections;

(B)A declaration that the purported decision of the First Named Defendant to exclude the First Named Plaintiff from participating in the business of the G.L.U; strip him of his office of President-General of the G.L.U, and declare him a non-member, all without referring this matter to the National Executive Committee or without giving him a hearing, is ultra vires the rules of the Union, arbitrary, in breach of the rules of natural justice, unreasonable, ultra vires, null and void and of no legal effect;

(C)A declaration that the purported decision of the First Named Defendant to exclude the Second Named Plaintiff from participating in the business of the G.L.U; strip him of his office of President of the G.L.U, and declare him a non- financial member, all without referring this matter to the National Executive Committee or without giving him a hearing, is ultra vires the rules of the Union, arbitrary, in breach of the rules of natural justice, unreasonable, ultra vires, null and void and of no legal effect;

(D)A Declaration that the decision of the First Named Defendant to determine and find that the First Named Plaintiff is ineligible as a candidate for the Office of President General of the GUYANA LABOUR UNION is a null and void, in breach of the principles of Natural Justice and Ultra Vires the Rules and or Rules and or the Constitution of the GUYANA LABOUR UNION;

(E)A Declaration that the purported meeting of the National Executive Council of the GUYANA LABOUR UNION held on the 16th day of November 2007 is null, void, ultra vires, the Rules and or Rules and or the Constitution of the GUYANA LABOUR UNION on the ground and for the reason that the convening of the said meeting is a nullity as the date of the holding of the said meeting was changed without notice being delivered to all the members of the National Executive Council of the GUYANA LABOUR UNION;

(F)A Declaration that the decision of the National Executive Council purportedly held on the 16th day of November, 2007 determining the First Named Plaintiff ineligible as a candidate for the Office of President General of the GUYANA LABOUR UNION is null, void, in breach of the principles of Natural Justice and Ultra Vires the Rules and or Rules and or the Constitution of the GUYANA LABOUR UNION;

(G)A Declaration that the decision of the National Executive Council purportedly held on the 16th day of November, 2007 to determine and find that the Second Named Plaintiff is ineligible as a Candidate for the Office of President of the GUYANA LABOUR UNION is null, void, in breach of the principles of Natural Justice and Ultra Vires the Rules and or the Constitution of the GUYANA LABOUR UNION;

(H)A Declaration that the purported Motion passed on the 16th day of November, 2007 by the National Executive Council that the First Named Plaintiff is ineligible to contest the post of President General is null, void and no legal effect and ultra vires the Rules and or the Constitution of the GUYANA LABOUR UNION;

(I)A Declaration that the purported Motion passed on the 16th day of November, 2007 by the National Executive Council that the First Named Plaintiff is ineligible to contest the post of President General is null, void, of no legal effect, and ultra vires the Rules and or the Constitution of the GUYANA LABOUR UNION;

(J)A Declaration that the purported endorsement by the National Executive Council of the GUYANA LABOUR UNION that the Office of General Secretary is not merely General Secretary but Chief Executive Officer, Chief Negotiator and the Union’s Public Relations Officer is null, void, of no legal effect and ultra vires the Rules and or the Constitution of the GUYANA LABOUR UNION;

(K)A Declaration that the purported endorsement by the National Executive Council of the GUYANA LABOUR UNION that the Office of General Secretary is not merely General Secretary but Chief Executive Officer, Chief Negotiator and the Union’s Public Relations Officer constitutes an Amendment to the Rules and or the Constitution of the GUYANA LABOUR UNION which no jurisdiction is vested in the National Executive Council of the GUYANA LABOUR UNION to so amend the Rules and or the Constitution of the GUYANA LABOUR UNION;

(L)A declaration that upon a true construction of the rules of the G.L. U. the General Secretary is answerable to the National Executive Council and is also obligated to comply with requests by the President General of the G.L. U. for financial and other information;

(M)A declaration that upon a true construction of the Rules of the G.L.U. the failure to hold Triennial Elections for the National Executive Council in October 2007 should result in the Officers Elected to the various Offices of the Union at the Triennial Elections of 2004 remaining in Office until an Election is held OR other decisions taken by a duly constituted meeting of the National Executive Council or the General Members of the Union at a duly constituted Special Conference;

(N)An Injunction directed to the Defendants from prohibiting and or restraining the First-Named Plaintiff from discharging the functions and duties of President General of the GUYANA LABOUR UNION until the holding of Elections in accordance with the Rules of the GUYANA LABOUR UNION;

(O)An Injunction directed to the Defendants from prohibiting and /or restraining the Second Named Plaintiff from discharging the functions and duties of President of the GUYANA LABOUR UNION until the holding of Elections in accordance with the Rules of the GUYANA LABOUR UNION;

(P)An Injunction directed to the Defendants from acting upon and/or implementing the purported decisions of the meeting of the National Executive Council held on the 16th day of November, 2007;

(Q)An Injunction directed to the Defendants from holding any Elections of the GUYANA LABOUR UNION without permitting the nomination of the First-Named Plaintiff for any Office within the National Executive Council of the GUYANA LABOUR UNION and allowing the said First-Named Plaintiff to contest for any Office at the said Elections;

(R)An Injunction directed to the First-Named Defendant to produce the audited financial statements of the GUYANA LABOUR UNION for the years 2000, 2001 and 2002 and the un-audited financial statements of the GUYANA LABOUR UNION for the years 2003, 2004, 2005 and 2006 to each and every one of the Plaintiffs forthwith;

(S)An Injunction restraining the First-Named Defendant from withdrawing, or in any other way disbursing monies, funds and money held in Accounts belonging to the GUYANA LABOUR UNION without the signature and/or approval of the President General or in his absence that of the President in accordance with the Rules of the GUYANA LABOUR UNION;

(T)An Injunction directed to the Defendants, their agents and/or Officers from declaring or announcing the results of Elections purportedly held by the Defendants in October, 2007 or at any later time by any person other than MR. GODWIN MC PHERSON, the duly appointed Returning Officer, for the Elections;

(U)An Injunction directed to the Defendants, their agents and/or Officers from appointing any Returning Officer other than MR. GODWIN MC PHERSON, the duly appointed Returning Officer and to hold and/or declare any results of elections for membership of the National Executive Council of the GUYANA LABOUR UNION for the triennium 2007 to 2010 at any time in the future;

(V)An Injunction directed to the Defendants to hold Elections for members of the National Executive Council of the GUYANA LABOUR UNION in accordance with the Rules of the GUYANA LABOUR UNION as early as may be practicable;

(W)Such further or other order as the Honourable Court may deem just;

(X)Costs.

The Order of Court was already served by a Marshall of the Supreme Court on Duncan and will also be served on all members of the National Executive Council of the GLU. It is returnable for January 22, 2007.

Commenting on the matter today, the President General of the G.L.U., Mr. Corbin, stated that it was regrettable that time which should have been spent representing the affairs of members of the Union has to be diverted to deal with internal matters of the Organisation, He, however, reiterated what he said earlier that he intended to carry out his functions as President General and deal with the concerns of its members until the end of his term which now appears to be until a proper Election is held in the Guyana Labour Union according to its rules.