Reasons Why CETAG Is Refusing to Call Off Its Industrial Action Despite the Signed MoA

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The current strike action of CETAG has its root traced back to 2021 where the leadership of CETAG called for negotiations on their Conditions of Service in a whole.

Weeks slide and members couldn’t stick to their duty due to the unfair treatment of the government.

The Fair Wages and Salaries Commission (FWSC) also delayed in answering the call of CETAG which later led to declaring strike for its members.

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

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.

READ ALSO: NLC and CETAG Set to Clash in Court Battle

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.

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.

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

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.

READ ALSO: CETAG Strike: No Backdown Until Migration and Payment Completed

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.

On 2nd May, 2023, the Panel of Arbitrators who arbitrated over the matter issued their Arbitration Awards.

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.

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

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.

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

READ ALSO: Gov’t, CETAG Reach Agreement, But Strike Continues

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.

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.

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.

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.

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.

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.

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.

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.

READ ALSO: CETAG Strike Continues as Members Demand Full Implementation of NLC Arbitration Awards

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.

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.

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.

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.

The situation has unfolded in this manner to date.

According to CETAG, based on these past experiences, the government cannot be trusted. Therefore, they require evidence, not just a signed Memorandum of Agreement (MoA).

READ ALSO: CETAG Strike Continues as Memorandum of Agreement Deemed Invalid

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