Unions must follow the law

Mmegi Editor | Monday December 13, 2021 06:00

The alleged claims come on the back of a recent restructuring exercise that took place at the union. It is said that the aggrieved ex-employees want the Industrial Court to declare that their retrenchments were unlawful, as the union didn’t follow the right procedures, and failed to honour the contractual obligations entered in between the employer and the employees. The employees further argue that the union failed and/or neglected to inform the affected or likely to be affected individuals and instead opted to communicate the impending retrenchment through an internal memo.

While we know that the union is an entity that can sue and be sued, it is very troubling for unions to get on the wrong side of the law and be embroiled in labour disputes with their employees. This is so because the union is supposed to ensure the protection of its members’ rights against the employers and ensure that all workers have access to a decent life and decent work in a healthy environment. This also applies to unions when they are employers.

A union owes a duty of fair representation to all the members including its own employees. It is the watchdog, as such its duty requires it to act fairly, impartially, and without ill will or discrimination when pursuing a worker’s grievance or when negotiating a new contract with the employer.

It is wrong for the unions to act arbitrarily especially when they are considered to be the protectors of the voiceless. In this case, whom should the workers look up to for protection and representation if their employer, being the union, unfairly treats them?

Remember that many people join unions seeking fair representation and for collective bargaining. Like any other employer, unions must follow the law. Transferring, laying off, terminating contracts of employees is treated as unfair labour practice.

Manual Workers Union must be an example to other employers and follow the law. They should know that a lot is expected of them. If unions are caught on the wrong side of the labour laws, then what is the use of employees joining unions? We urge Manual Workers union to take stock of its house and correct its wrongs.

Today's thought

“The trade union movement represents the organised economic power of the workers. It is in reality the most potent and the most direct

social insurance the workers can establish.”

- Samuel Gompers