POTAG drags Labour Commission to court

27/10/2010


Story: Musah Yahaya Jafaru
THE National Labour Commission (NLC) has dragged the leadership of the Polytechnic Teachers Association of Ghana (POTAG) to court, seeking the High Court to compel the striking teachers to go into compulsory arbitration with the Fair Wages and Salaries Commission (FWSC).
The NLC filed the writ dated October 25, 2010 following the refusal of POTAG to comply with the commission's October 15, 2010 directive to the association to go into the compulsory arbitration.
According to the writ, both parties were given three days within which to notify the commission whether or not they agreed to the unresolved issue.
It said POTAG, in a letter dated October 16, 2010, registered its protest against the commission's directive and, among other issues, questioned why POTAG should return to the classroom and at the same time be directed to go for arbitration.
“That having objected/refused to go into compulsory arbitration in accordance with Section 164 of Act 651 and considering the fact that the illegal strike action of POTAG continues unabated, the commission has no other option than to invoke Section 172 of the Labour Act to apply to this honourable court for an order to compel POTAG to comply with the directives of the Labour Commission,” it said.
The writ said the leadership and membership of POTAG had embarked on and continued in a strike for the past three weeks without complying with Section 159 of Act 651, “thus rendering the strike action illegal”.
It said POTAG would not comply with the directive to go into compulsory arbitration with FWSC unless it was compelled to do so by the court.
“Under the circumstance, I pray the court to hold that the issues set down in paragraph 13 are indeed that which stands unresolved between Fair Wages and Salaries Commission and POTAG,” it said.
The writ recalled that on July 30, 2010, the National President of POTAG, in a letter to the Executive Secretary of the Commission, called for negotiation on their expired conditions of service to commence and further served notice that if by Friday, August 13, 2010, nothing concrete had come from the government, the leadership of POTAG could not take responsibility for any industrial unrest.
It said the Executive Secretary, in a letter dated August 13, 2010, pointed out to POTAG that its letter under reference did not satisfy the provision of Section 159 of the Labour Act 2003 (Act 651) and advised POTAG not to carry out any industrial unrest as threatened. The Commission further invited POTAG for a meeting on August 18, 2010.
According to the writ, On August 25, 2010, the General Secretary of POTAG, in a letter, expressed concern about the frustrations POTAG was having with the FWSC in respect of the expired conditions of service of the members.
Issues raised in the letter included the suspension of the migration of the polytechnic staff to the Integrated Payroll Database 2 (IPPD 2) of the Controller and Accountant's Department and discussion of unresolved issues in the conditions of service of POTAG, which expired in 2006.
Consequently, the writ said the Commission invited the Chief Executive of the FWSC and the national executive of POTAG for a hearing on the issues raised by POTAG.
The Commission then directed the FWSC to meet POTAG to address the concerns of the teachers and thereafter report to the Commission.