November 15, 2020
It has come to our attention that Teachers Service Commission (TSC) through the Corporate Affairs Department has reacted to our letter to the Cabinet Secretary, Ministry of Labour to distort facts and misinform the public.
The assertion that the Salaries and Remuneration Commission (SRC) supervised the register of KNUT at TSC is illegal.
The registers of unions are not kept by employers and are only inspected by the Ministry of Labour.
TSC cannot react to a letter that we have transmitted to the Cabinet Secretary Ministry of Labour.
This constitutes insubordination. Let the truth be told. TSC is peddling lies and disinformation and we state that no single teacher has resigned from the union.
Our membership is well over 200,000 teachers presently, and none has tendered resignation from the Union as per Section 48 of the Labour Relations Act.
TSC unilaterally suspended the KNUT/TSC CBA against our members since July, 2019 end blacklisted KNUT members from benefitting from teachers promotions.
This is an act of provocation that has gone on for 15 months Further, they have gone ahead to hire overtime staff at the IPPD to offload KNUT members illegally.
The law is clear on how a union member resigns from a Union and we do not have even a single copy of letters by teachers resigning from the Union.
These actions by TSC are just but a total violation of Section 41 of the constitution and are stripping our members of their constitutional rights to be members of a trade union.
This is to remind the public, and in particular teachers that CPG tools were declared null-and-void by the Industrial and Labour Relations Court in 2019 in a ruling in Cause No. 1 of 208 which nullified the implementation the Circular on Career Progression Guidelines (CPG) dated 2nd of May, 2018.
Where on earth is TSC drawing authority to use the same?
Therefore the CPG tools developed single-handedly by TSC remain illegal.
They cannot be applied or used anywhere in the Public Teaching Service but TSC has continued to violate the Employment and Labour Relation Court by applying CPG selectively in the teaching force outside the Provisions of the Code of Regulations.
We shall never allow TSC to manage teachers outside the law. The CPG tools were never processed and approved by Parliament.
TSC must tell the country why they defied the Court decision by applying CPG tools when the implementation circular was nullified by the court via TSC’s own application.
It should be brought to the knowledge of all-and-sundry that CPG is not embodied in the 2017/2021 Collective Bargaining Agreement (CBA), hence it cannot be used either to promote or upgrade teachers.
The CBA only recognizes the Code of Regulations for Teachers which clearly outlines how teachers in the Public Teaching Service should be promoted or upgraded through the three Schemes of Service. Period.
Section 4 of the CBA states: “The Code of Regulations fer Teachers shall form an integral pert of he CBA”. Section 3.3 of the CBA states: “This CBA shall remain in fore and bind all parties until a me CBA is negotiated”.
More importantly, Section 22.1 of the CBA states: “In event any provision of the CBA is to be modified after the CBA has been signed, the edifications shall be by mutual consent of he parties, made in writing undersigned by the authorized representatives of the parties.”
Furtherance to this, Section 21.2 of the CBA states: “Any attrition end or amendments affecting_remuneration and benefits shall be subjected to Salaries and Remuneration Commission (SRC) advice”.
TSC for strange and unexplained reason(s) has suspended or amended some sections of the CBA in total disregard of the law.
This has resulted in thousands of deserving teachers sidelined in promotions and upgrading, leading to loss of huge financial benefits to affected teachers during implementation of the 2017/2021 Collective Bargaining Agreement.
KNUT members apparently have been locked out of the CBA. They are forcefully being removed from Union register contrary to Section 48 of the Labour Relations Act.
We don’t have even a single letter of resignation from any teacher. We are only being denied our rightful Union dues by the employer. Our membership is intact at well over 200,000.
We would also lie to bring to light that SRC does not have the mandate to supervise Union’s check-off system and membership register. That is the mandate of the Ministry of Labour.
I would like to state emphatically that KNUT members have been locked out of the CBA; they have also been locked out of promotion and upgrading.
TSC is instead messing with the check-off system of KNUT to deny teachers their rights to union membership and this has angered teachers country wide and is going to affect normal resumption of teaching and learning during COVID 19 and by extension shall affect our children.
It should go on record that TSC has continued to engage KNUT in protracted legal war over the implementation of CBA yet the CBA is properly negotiated, properly awarded, properly agreed yet TSC has elected it to violate it without shame.
In light of the on-going KNUT has implored on the Cabinet Secretary – Ministry of Labour to intervene to bring the dispute to an end within 7 days failure to which the union shall have no option but to take drastic action in accordance with the law without any further reference to ensure that our members continue enjoying the rights as contained in the CBA which is registered in court with a certificate that has not been revoked.
TSC cannot come out to talk carelessly and mislead the public and teachers when we are engaging the Ministry of labour.
This is manifestation of high handedness that must be tamed.
HON. WILSON SOSSION
SECRETARY GENERAL K.N.U.T.