This article has been influenced by reports in the media and comments from some trade union leaders regarding the subject of bargaining in the public service. As a trade union leader and one who has been following the transformation in labour relations within the public sector, I feel that a lot is being wrongfully portrayed and that both the workers and the public are being fed with some untruths. The comments that I make in this article are my personal observations and not necessarily the opinion of the Botswana Federation of Trade Unions of which I am a member. My arguments will be based on the provisions of the Trade Unions and Employers Organisations Act (TUEOA), the Trade Dispute Act (TDA) and the Public Service Act (PSA 2008). I would want to deal mainly with two issues: Recognition as defined by the three Acts and Collective Bargaining structures in the public service.
Trade Union recognition
Under this sub-heading I wish to comment on the issue of recognition of a trade union by the employer and specifically on the significance of that recognition. First of all, the Section 48 of the TUEOA states that "If a trade union represents at least one third of the employees of an employer, that trade union may apply for recognition under the section 32 of the TDA". The key for recognition under this section lies in the one third representations by the union. Section 32 of the TDA further sets parameters, which would guide the employer as to whether he/she should recognise the trade union.
