Ghana's Colleges of Education Lecturers Strike Reaches 7th Week Amidst Stalemate

BACKGROUND

 

Ongoing Dispute Over Teachers' Service Conditions: 2021 Negotiations Unresolved

1. In August, 2021, Colleges of Education Teachers Association of Ghana (CETAG) and Fair Wages and Salaries Commission (FWSC) started negotiations on Conditions of Service (CoS) to be concluded in November, 2021 and take effect from January 2022.

2. FWSC deliberately delayed the negotiations which led to a strike action by CETAG in December, 2021.

3. On 10th January, 2023, GTEC invited CETAG leadership to a meeting to discuss the issues which led to the strike action.

 

4. CETAG called off the strike action immediately after the meeting because the government team gave assurance that FWSC shall resume the negotiations and conclude immediately.

5. Sadly, after CETAG called off the strike in January 2022, the FWSC continued to deliberately delay the negotiations which led to another strike action by CETAG in December 2022. 

6. On 7th December, 2022, the Hon. Minister of Education wrote a letter to CETAG appealing to them to call off the strike for him to resolve all the outstanding issues within 2 weeks. But he failed to fulfill his promise after 3 weeks. When the Minister failed to fulfill his promise, CETAG resumed the strike on 6th January, 2023. 

7. FWSC reported to the National Labour Commission (NLC) that CETAG has engaged in an unfair labour practice whiles negotiations was ongoing.

8. On the 25th day of January, 2023, the NLC invited both CETAG and FWSC to resolve the dispute and directed CETAG to call off the ongoing strike which the Union immediately complied in good faith.

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Compulsory Arbitration by NLC: A Binding Decision to Settle the CETAG-FWSC Disputetration Hearing and Award by the NLC.

9. On 1st March, 2023, NLC referred the matter to Compulsory Arbitration in compliance with Regulation 26 of the NLC Regulations 2006 L1 1822 due to the failure of the parties to settle the dispute through negotiations. 

10. On 2nd May, 2023, the Panel of Arbitrators who arbitrated over the matter issued their Arbitration Awards. Sadly, the Arbitration Awards modified the original effective date of the implementation of the Conditions of Service from 1st January, 2022 to 1st January, 2023. 

11. At the same time, the arbitrators awarded only one month as compensation for additional work performed in 2022 instead of the two months demanded by CETAG but for the love CETAG have for Ghana and teacher education, they accepted even though they did not agree. 

12. Between May and July 2023, the employer failed to implement the Arbitration Awards so CETAG issued a notice of strike in accordance with the Labour Act 2003, Act 651. 

13. On 1st August, 2023, CETAG went ahead to declare an indefinite strike to compel the employer to comply with the NLC Arbitration Awards. 

14. The NLC invited CETAG and FWSC as well as other relevant stakeholders for a hearing on the ongoing strike action on 30th August, 2023 at the end of which the NLC issued a second directive on 31st August, 2023 to the FWSC to comply with the Arbitration Awards by 30th October, 2023 while CETAG was to call off the ongoing strike action immediately.

15. CETAG took steps to call off the ongoing strike immediately as a sign of good faith and notified NLC. 

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FWSC Failure to Comply with the NLC Second Directive.

16. At the end of October 2023, FWSC and the employer again failed for the second time to comply with the NLC's second directives issued on 31st August, 2023 and gave the employer up to 30th October, 2023 to implement all the outstanding Arbitration Awards.

17. As a result of the foregoing, CETAG wrote to the NLC to inform her of the non-compliance of the FWSC and requested the Commission to go to court to enforce the 2nd May, 2023 Orders per Section 172 of the Labour Act 2003, Act 651.

18. On 13th November, 2023, leadership of CETAG wrote a second letter to the NLC to request for proof of enforcement of the Compulsory Arbitration Awards because the NLC had indicated in her letter of 6th November, 2023 to CETAG that it has referred the matter to the Legal Department for enforcement.

19. The NLC did not reply CETAG's letter of 13th November, 2023 requesting for proof of compliance as a reminder for the Commission to go to court per Section 172 of the Labour Act to enforce the Orders given by the Commission itself on the 2nd May, 2023.

 

20. From December 2023 to April 2024, the Union took further initiatives to write several letters to the FWSC and GTEC requesting for immediate implementation of the outstanding Award which were never given any attention.

21. On 15th May, 2023, CETAG wrote to the NLC the final reminder letter requesting for the immediate enforcement of the outstanding Arbitration Awards by activating Section 172 of the Labour Act 2003, Act 651 which received no response from the Commission.

Efforts by GTEC and FWSC to Set Aside the Arbitration Awards.

22. Since March 2023, GTEC has tried all efforts to set aside the Compulsory Arbitration Awards by the NLC by indicating that only members of CETAG who hold PhDs shall be migrated to the Public University Salary Structure even though the Compulsory Arbitration Awards was clear that a completed staff audit should be implemented with effect from 1st January, 2023.

 

23. On 2nd June, 2024 when the government team and CETAG appeared before the NLC, GTEC boldly told the Commission that the employer has not implemented the outstanding Arbitration Awards because in their opinion, CETAG members did not deserve what the Commission awarded CETAG members.

24. Additionally, GTEC told the Commission that the staff audit conducted for Colleges of Education (CoE) was just a proposal and that it was not meant to be used to place staff of the CoE on the Public University Salary Structure. 

25. Even though the NLC told GTEC that what they were saying was contrary to the Arbitration Awards, they continued to argue that GTEC is the regulator for all tertiary institutions so the body cannot be directed to do what is outside their regulation.

26. Finally, NLC directed FWSC to take steps to implement the outstanding Arbitration Awards and provide evidence of implementation to court on the 26th June, 2024 before reporting to the Commission on 27th June, 2024.

27. When the NLC went to court on the 26th June, 2024, neither the FWSC nor any of the assigns of the government that constitute the employer appeared in court so the case had to be adjourned to 18th July, 2024. This means that FWSC could not provide any evidence of implementation to the NLC on the 27th June, 2024.

Intimidations and Court Actions Against CETAG.

28. Since 27th June, 2024, the employer together with NLC has initiated several actions to suppress CETAG in order to force them to go back to the lecture halls to teach without addressing the legitimate concerns of implementing the Compulsory Arbitration Awards.

29. In a meeting at the Ministry of Employment and Labour Relations on the 5th July, 2024, GTEC informed the Ministry of Employment and Labour Relations that GTEC will migrate only staff with PhDs and those on PhD programmes because that was how they understood the "deserving" members in the Arbitration Awards.

30. The current stance of GTEC and the Ministry of Education to implement the Arbitration Awards for PhD holders and those on PhD programmes leaving the holders of MPhil and other research Masters holders out completely violate the Compulsory Arbitration Awards.

31. The Arbitration Awards unambiguously states that the implementation of the completed staff audit shall take effect from 1st January, 2023. No part of the Arbitration Awards talks about PhD holders and those on PhD programmes.

32. GTEC's attempt to give its own interpretation to the Award which states that the "agreed rates payable to public university shall apply to deserving members of CETAG" holds no water.

33. Per the Arbitration Awards, GTEC was mandated to conduct a staff audit which shall rationalize all staff of the 46 public CoE. 

34. In September 2023 the Staff Rationalization and Placement Audit Report was issued to all CoE and the report contained the rationalized placements of each staff in the CoE. 

35. Based on the Staff Rationalization and Placement Audit Report, GTEC must implement the Arbitration Awards to cater for every staff per his or her placement but not to throw away the Staff Audit Report and come out with a new modalities for implementing the Arbitration Awards which emphatically ordered for the implementation of the completed Staff Audit Report.

36. The efforts of GTEC and the Ministry of Education to undermine the authority of the NLC is completely unacceptable.

37. The NLC is a body set up to settle labour disputes and the Commission has powers to issue a Compulsory Arbitration Awards which is binding for all parties and with the greatest deal of respect to the judiciary, not even the Supreme Court will attempt to vary the Arbitral Orders that have been given by the NLC.

 

38. Section 1673 of the Labour Act 2003, Act 651 states clearly that the awards arising from voluntary and compulsory arbitration "shall prevail over any contract of employment or collective agreement in force at the time of the award and the terms of the contract of employment or collective agreement shall be deemed to have been modified as far as may  necessary to in order to conform to the award."

39. On the strength of Section 1673 of the Labour Act, neither GTEC or the Ministry of Education has powers to set aside the Arbitration Awards on the basis that the Regulator or the Sector Ministry which determines policy for the tertiary institutions has its interpretation.

40. The NLC which has failed to enforce its own Compulsory Arbitration Orders since May 2, 2023 has now turned round to go to court seeking to place injunction on CETAG's legal strike action.

41. It is worthy of note that Labour Act 2003, Act 651 and the 1992 Constitution guarantee workers of Ghana the right to embark on a legal strike. Section 1692 of the Labour Act 2003, Act 651 stipulates that no civil proceedings shall be brought against any worker or employer, trade union or employers organization or an officer or a member of such trade union or employers organization in respect of any lawful strike or lockout action taken in conformity with the provision of this Act.

Twisting of Information by GTEC, PRINCOF and NLC.

42. GTEC's claims that the government has paid to CETAG members an amount of 119 Million Ghana Cedis as arrears for Book and Research Allowance for 2022/23 academic year is untrue.

43. PRINCOF claims that the affiliate universities shall conduct quiz and examinations for the students whether the students are taught by the lecturers or not. This information cannot be completely true because per the attendance policy of the affiliate universities, a student cannot take an examination if he or she forfeits lectures or classes for more than 21 days. CETAG has been out of contact with students for this number of days.

 

44. CETAG advises the affiliate universities, PRINCOF and students that any attempt to violate the Class Attendance Policy shall be met with legal action by any stakeholder in the teacher education space. 

45. NLC claims that it has obtained Ex-parte Injunction on CETAG's ongoing legal strike action. The undiluted fact is that NLC filed interlocutory injunction motion against CETAG on the 9th July, 2024 at the Labour Court 1 in Accra. CETAG's lawyers filed a motion in opposition to the application on the 16th July, 2024. The Interlocutory Injunction in question motion was to be held on the 18th July, 2024 but when the parties went to court that day, the case was adjourned to 6th August, 2024 due to the absence of the sitting judge. Currently, the Ex-parte Injunction that is circulating in the media has not been served to CETAG. 

46. Therefore, CETAG's strike action is legitimate since the Union followed all the laid down processes before declaring the strike action. 

47. The Union wishes to notify the employer that not until it complies fully with all the outstanding Arbitration Awards by the NLC, the Union shall never call off its ongoing strike action.

48. CETAG cautions that any attempt to illegally freeze salary of our members who are on a legal strike shall be met with the legal action against whosoever takes such an action and CETAG shall also immediately with all the protestations and all the rights and privileges that the 1992 Constitution grant CETAG members and as citizens of Ghana to fight against injustice.

49. CETAG will no longer tolerate injustice against its members because Ghana is a peaceful country governed by the Rule of Law.

50. Aluta Continua! 

Unfolding of Events after the Press Conference by CETAG

1. On 22nd July, 2024, a few hours after CETAG had cautioned in their press conference that any attempt to illegally freeze its members' salaries would be met with legal action, GTEC released a communique at the instance of the Minister of Education to stop the payment of July 2024 salaries of all teaching staff of the CoE (CETAG) except for the College Principals.

2. In response to the Minister of Education's directive to Principals and the Controller Accountant General not to validate the July 2024 salaries of CETAG members due to their ongoing legal strike, CETAG, on 23rd July, 2024 withdrew all their services such as attendance to meetings, congratulation ceremonies, provision of academic counseling services and supervision of students in the halls of residence.

3. On 24th July, 2024 the leadership of CETAG had a meeting with the government to find a lasting solution to the ongoing legal strike. Both parties expressed a positive outlook post-meeting emphasizing that significant progress had been made. Following the meeting with the government, CETAG announced their intentions to have a National Council meeting on 25th July, 2024 to draw finality on the agreements made with the government.

4. On 26th July, 2024, CETAG reported that they could not host their National Council meeting on the premise that they did not receive a signed Memorandum of Agreement document they were expecting from the government.

5. The fate of the strike is still uncertain.