UNITRANS Employees Free To Join Union
Goitsemodimo Kaelo | Monday September 18, 2017 16:10
Justice Tapiwa Marumo of the Industrial Court ordered, by consent, that the two parties respect the right of employees to join or not to join the union of their choosing.
This followed a court case in which BOBOGEWU had approached the court seeking an interdict against UNITRANS Botswana from intimidating, harassing and coercing its members from leaving the union.
BOBOGEWU is a newly registered trade union established by employees of UNITRANS Botswana, a road freight, logistics and distribution company. In July, the union applied for recognition at the workplace, but have not been responded to by the respondent following the elapse of 30 days of receipt of the application, forcing them to seek redress at the Commissioner of Labour.
However, the union was forced to apply to the Industrial Court seeking an order against the respondent from engaging in intimidation, harassment and coercion of the applicant’s members into withdrawing their membership while waiting for the commissioner general to deal with the dispute. The applicant also wanted the court to direct the respondent to issue a notice or internal memo to all its employees stating that its employees have a right to join the applicant and do so if they so wish. The union’s representative Tiroyaone Ezekiel had argued that if the respondent is not interdicted, her clients stand to suffer prejudice and would not get any favourable relief they seek in future. She said the respondent is fighting to beat the numbers so that the union does not meet the one-third threshold requirement for recognition.
However, it emerged in court that there were also allegations reported to UNITRANS management by employees claiming that they have been intimidated and coerced into joining the union.
On Friday, the parties settled the matter by agreeing that the respondent should issue a memorandum to its employees addressing the allegations of intimidation and coercion by either party.
“The position of management and the union is that everyone has a right to join or not to join a union of their choosing.
Should an employee be subjected to any intimidating or coercing conduct, such conduct should be reported through the company’s grievance procedures,” read the consent order agreed by the parties.
The order also instructed the union to prepare a standard membership withdrawal form to be filled by employees when wish to withdraw their membership. No order was made regarding costs.