Labour expert Austin Gamey has urged the Civil and Local Government Staff Association of Ghana (CLOGSAG) to follow the legally mandated dispute resolution procedures before embarking on strikes.
His comments come after CLOGSAG declared an indefinite strike effective Monday, March 9, citing the government’s failure to implement a unique salary structure and improve conditions of service for its members.
Speaking on JoyNews’ The Pulse on Thursday, Mr Gamey expressed surprise that at this stage of Ghana’s development, some institutions still bypass established legal processes designated to resolve labour disputes.
“I am a bit surprised at this point of Ghana’s development that we still do things outside our own agreed laws and rules that govern the procedure of resolving our differences …I think they can find a better way of resolving the matter without resorting to a strike,” he stated.
The labour consultant noted that CLOGSAG is a highly respected union in Ghana, and as such he holds the association in high regard. Nonetheless, he emphasised that the law clearly outlines procedures that must be followed before a strike can be declared.
He referenced Section 161 of the Labour Act, 2003 (Act 651), which requires workers with grievances concerning their conditions of service to first report the matter to the National Labour Commission (NLC) for resolution.
According to him, the law prohibits workers from resorting to strikes while negotiation, mediation or arbitration processes are ongoing.
“The law says that during the period a party to an industrial dispute shall not resort to a strike or lockout when negotiation, mediation or arbitration proceedings are in progress,” he explained.
Mr. Gamey further stressed that if negotiations break down, the law still provides additional steps, including mediation, arbitration or court action, before workers can legally declare a strike.
He noted that a strike can only be considered lawful when the dispute resolution mechanisms have been exhausted and the union has served a seven-day notice to the National Labour Commission.
“That is called a legal strike, and that is the only time you can go on strike,” he said.
The labour expert therefore advised CLOGSAG to explore the available legal avenues to resolve the dispute rather than immediately resorting to industrial action.
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Source: www.myjoyonline.com
