UNITRANS management and employees tussle over new union
Goitsemodimo Kaelo | Friday August 25, 2017 16:25
Although authorities at the freight company have dismissed the allegations, it has emerged that the issue has reached the office of the Commissioner of Labour.
The protracted battle between the workers and their employer has been ongoing for a few years now. Last year, the management dismissed 24 workers after a strike that took place early last year, without involving their then representative, Botswana Transport and Allied Workers Union (BOTRAWU).
Anonymous sources at the company have confided to Mmegi that following the registration of a new union, Botswana Bulk Vehicle Operators Commercial and General Workers Union (BOBOGEWU) by the workers and application for recognition at the work place, the management started to intimidate and harass workers.
They said the management has delayed responding to the union’s recognition application in an effort to frustrate some workers from unionising. “We have long applied for recognition but they have delayed the response. The requirements of the Trade Dispute Act are that the union should have been accorded recognition within 30 days after application, and this company is delaying to implement”.
“When Sebolai realised that the union meets the threshold and thereby deserving to be recognised, he embarked on intimidation and harassment of employees to leave the union, so that the union loses membership and falls short of the threshold for recognition.
“He has been calling employees, informing them to leave the union, while union leaders have been called for disciplinary hearing on flimsy ground which are nothing but acts of harassment, in violation of the Trade Unions and Employers Organisations Act which guarantees the right to unionise and protection of unionised members.”
In a telephone interview, Moses Sebolai yesterday refuted claims that they do not want their employees to join the new union, which is an affiliate of the Botswana Federation of Public, Private, Parastatals Sectors Union (BOFEPUSU).
Although Sebolai confirmed receipt of the union’s application for recognition, said they are yet to respond to the application for recognition. However, he pointed out that they have no reason to frustrate their workers against joining the union. He said that they have not responded to the application because they are still assessing it. Sebolai could not tell when they will respond to the application.
“We are still looking at it. We are assessing it. I can’t specifically tell the exact time when we will respond to it. It depends because the company has other businesses to deal with. There are other priorities,” said Sebolai. Sebolai also said they have to do more research about the union, its constitution and functions. He explained that they will engage legal experts for further advice. He said, as a company they have to satisfy themselves before they make a decision to recognise the union.
He pointed out that the issue of meeting the threshold is not the only requirement for recognition.
“We have no reason to delay, but we have other priorities as well. We are not aware of the intimidation and harassment claims except that we learnt about them when BOFEPUSU came to engage us. But nobody has been identified as the perpetrator,” he added. He said the alleged intimidation claims were made against Gaborone, Palapye and Lobatse offices but the victims have not reported to authorities.
Furthermore, Sebolai said they have never met or communicated with the union representatives, save for their application for recognition.
“We view formation of a union as a partnership between employees and management. There has to be mutual trust and understanding, but it raises anxiety especially if employees who were dismissed for serious offences are its leaders,” he said.
He stated that they have their reservations with the union because they realised that former employees who were dismissed for serious offences lead it. This, he said, has raised anxiety within the management.