“(Manual Workers Union) says it is only its own participation, as a member, that can save the constitution (of the Public Service Bargaining Council). I think in this the applicant is punching way above its weight, and arrogating to itself the high power of the alpha and omega, without pointing to what special characteristics it has above the other unions. The constitution is not broken. All the applicant has to do is to apply for membership. That’s all”-Judge Bugalo Maripe.
BAKWADI LEKOPANE
& BAKANG TIRO
National Amalgamated Local Central Government and Parastatal Workers Union (NALCGPWU) suffered a debilitating blow on Friday when Judge Bugalo Maripe dismissed their case in its entirety where they were challenging the establishment of the Public Service Bargaining Council (PSBC) Secretariat.
Delivering the judgement, Maripe ordered that the entire application is without merit and ordered Manual Workers to bear the costs of proceedings of the Attorney General and Botswana Land Board & Local Authorities Workers Union (BLLAHWU). Both Attorney General and BLLAHWU were citied on the matter as the first and fifth respondents respectively.
Judge Maripe explained that history behind collective bargaining and the challenges it encountered are a matter of common cause. He said sometime in the past, the unions representing government employees advocated for a collective bargaining process in order to collectively achieve a common goal in view of the fact that they have a common employer. This, he said, came to fruition in 2008, with the enactment of a new Public Service Act No.30 of 2008 (hereinafter the “PSA’), the primary purpose of which was to unify the public service, to the extent possible.
“The Act provided for the establishment of a collective bargaining framework in the form of a Bargaining Council,” said Judge Maripe,explaining that the Bargaining Council was to be operationalised through a constitution to which the various recognised public sector unions would subscribe. He indicated that these would be unions whose members employment affairs are regulated by the PSA.
DPSM, Unions happy
Following the delivery of the judgement, the five cooperating trade unions, being BOPEU, BLLAHWU, Botswana Nurses Union (BONU), Botswana Doctors Union (BDU) and Botswana Sector for Educators Trade Union (BOSETU) issued a statement to members confirming that the impediment to the operations of the PSBC arising from the litigation had been removed.
The unions said they will therefore engage the employer(DPSM) with a view to resuming the stalled negotiations forthwith, in pursuit of meaningful progress on matters affecting the welfare and conditions of service of public officers
On Friday, DPSM Director Gaone Macholo was jubilant and said:“We are happy that the court has concluded that the Bargaining Council is legal and operational. I am happy that we have not offended any process or practice in how we have conducted the establishment of the Council. This is great news for the nation because this a national issue”.
DPSM has maintained that the bargaining council would come alive whether Manual Workers is pulling on the different direction or agrees to become party to the progress. The fallout between Manual Workers with DPSM and other public sector trade unions started over the appointments of Andrew Motsamai and Tobokani Rari as the Secretary and Deputy Secretary of PBSC respectively. Manual Workers complained that Motsamai had no credibility to lead the bargaining council but other trade unions differed and endorsed hisappointment.
BOPEU happy
Botswana Public Employees Union (BOPEU) also could not contain their excitement over the judgment and indicated that the dismissal of Manual Workers case is victory for collective bargaining. The union issued a statement expressing solidarity with the government and other public service trade unions who support the resuscitation of bargaining council. BOPEU affirmed that the judgement protects the integrity of the Public Service Bargaining Council.
“The Council’s processes were stayed until this ruling was delivered, and they can now resume. BOPEU remains committed to meaningful collective bargaining on behalf of all public servants,” the union buttressed.