Public servants: Biggest losers in the BOPEU/BOFEPUSU feud
Oarabile Mosikare | Friday February 26, 2016 17:10
It is clear from the court papers filed by Botswana Public Employees Union (BOPEU), when they sued their former comrade unions, that they do not care about the thousands of government employees. The unions who are also affiliates of Botswana Federation of Public Sector Unions (BOFEPUSU) were sued over membership of the PSBC and it is quite clear that it is all about power struggle with the public servants being the biggest losers.
This power play is captured clearly in the Industrial Court Judge President Tebogo Maruping’s judgment delivered earlier this week.
Said Maruping: “Quite clearly this case involves power play or a power struggle based on numerical strength which leads to sharing of the eight seats allocated to the union party by the PSBC and the major players are NALCGPWU and BOPEU, the applicant. The court will urge the parties involved to focus more on the welfare of their members rather than just power”.
When they took the matter to court, BOPEU argued that the PBSC acted unlawfully by continuing to admit the BOFEPUSU as a member. The constituents of BOFEPUSU are the Botswana Land Board and Local Authorities and Health Workers Union (BLLAHWU), the Botswana Sectors of Educators Trade Union (BOSETU), the Botswana Teachers Union (BTU) and the National Amalgamated Local and Central Government and Parastatal Workers Union (NALCGPWU). BOPEU is a founding member of the federation, but withdrew its membership during its Palapye December congress. BOPEU is number two in numerical strength to NALCGPWU, which is the largest member of the BOFEPUSU acting jointly arrangement.
From the judgment it is clear that BOPEU does not meet the required threshold. The old figure under Resolution No. 1 of 2011 dated November 28, 2011 the threshold was 27,512 but based on the new threshold the figure is now 28,780. The NALCGPWU with 29,471 members is the only BOFEPUSU affiliate which meets the required threshold. BOPEU has 26,394 unverified members, the court heard recently. From the interpretation of the court there must be two or more admitted trade unions under the acting jointly arrangement.
“This means that there must be at least two trade unions within an acting jointly arrangement which have been admitted into the PSBC as of right,” said Maruping.
That is why the biggest winner in this feud is the employer. The application has achieved what BOPEU wanted, that is create a vacuum to enable the employer to make decisions it wants. The employer now has to make decisions alone. This is because there is no one to consult. It is clear that BOPEU and NALCGPWU can no longer work together. BOPEU does not meet the old and new threshold. It lacks the right to make representation for its members. BOFEPUSU is also a loser because with the dismantlement of the PSBC there is no platform available to advance interests of its members. To BOPEU this is a hollow victory because they cannot get back to the negotiation table.
Now the respondents are called on March 7, 2016 to show cause why orders sought by BOPEU cannot be made final. BOPEU wants the report on the outcome of the verification membership figures of trade union party to be set aside. It is not clear if the report is thrown out, where the parties will get information confirming who has what numbers. If the report is thrown out you cannot rely on the numbers on it. It is safe to say the biggest loser is the public servant who is now at the mercy of the employer.