EFFECTIVE ADMINISTRATION OF TRADE UNIONS IN A CHALLENGING ENVIRONMENT - PowerPoint Presentation

1. EFFECTIVE ADMINISTRATION OF TRADE UNIONS IN A CHALLENGING ENVIRONMENTLEARNING FROM EXPERIENCE

2. PREAMBLE: ASUP began operations in September, 1992 but was formally registered with the Registrar of Trade Unions in 2009.The polytechnic sector has been significantly shaped by the activities of the unionIn the end the Union is ‘all’ that we have to fall back on, our backbone and supporterWe should do all we can to make the Union survive and thrive

3. PREAMBLE: The Union will survive and thrive through the sustenance of her tested traditions;We, the leaders of the Union, in each dispensation are laden with the humungous responsibility of upholding, holding in trust, and transferring to succeeding dispensations, the finest traditions of the Union;To be an officer of the Union is a weighty responsibility which must be executed with honour, integrity and indeed with dignity and a sense of responsibility;Ego, pride, arrogance, greed, self interest, vendetta, pettiness etc should be , subsumed under disinterest, objectivity, fair play, openness, sincerity, etc.The relationship within the CEC should be guided by the Constitution, and by mutual respect.

4. UNION LEADERS IN MANAGEMENT POSITIONS: CAP T14TRADE UNION’S ACT: CHAPTER T 14(3) No staff recognised as a projection of management within the management structure of any organisation shall be a member of or hold office in a trade union (whether or not the members of that trade union are workers of a rank junior, equal or higher than his own) if such membership or of the holding of such office in the trade union will lead to a conflict of his loyalties to either the union or to the management.

5. UNION LEADERS IN MANAGEMENT POSITIONS: CAP T14(4) For the purposes of subsection (3) of this section, a person may be recognised as a projection of management within a management structure if his status, authority, powers, duties and accountability which are reflected in his conditions of service are such as normally inhere in a person exercising executive authority (whether or not delegated) within the organisation concerned. [1979 No. 86.]

6. UNION LEADERS IN MANAGEMENT POSITIONS: ISSUESConflict of interestsAre all positions of responsibility in conflict with responsibility in the union?What should be the relationship between management and union:Should not be adversarial as was traditionally conceivedShould be one of cooperation and collaborationUnion leaders accept their roles as partners and work together with management to grow the institution, raise productivity, save and create jobs, improve wages and benefits, and reach other jointly-defined goals. Labor leaders should not neglect their responsibility as advocates for the membership

7. Negotiation and collective bargainingCollective bargaining is the process in which workers, through their unions, negotiate contracts with their employers to determine their terms of employment, including pay, benefits, work place conditions, leave, job health and safety policies, ways to balance work and family, and more. The envisioned end of collective bargaining should be an agreement. Unions should ask for a memorandum of action, agreement, etc to be signed at the end of collective bargaining.

8. FOUR METHODS OF COLLECTIVE BARGAININGnegotiation, mediation, conciliation and arbitration 

9. THREE STEPS IN THE PROCESS OF CB:(1) The creation of the trade agreement,Here the union and the management present their positions to each other. (2) The interpretation of the agreement,This stage should be measured against the law(s) and fair practices(3) The enforcement of the agreement.Proper and timely enforcement of the contract is very essential for the success of collective bargaining.

10. PREREQUISITES FOR EFFECTIVE CB PROCESSExistence of a strong representative trade union in the institution that believes in constitutional means for settling the disputes. Existence of a fact-finding approach and willingness to use new methods and tools for the solution of industrial problems. The negotiation should be based on facts and figures and both parties should adopt constructive approach. Existence of strong and enlightened management which can integrate the different parties, Agreement on basic objectives of the organisation between the employer and the employees and on mutual rights and liabilities is critical.

11. PREREQUISITES FOR EFFECTIVE CB PROCESS5. In order that collective bargaining functions properly, unfair labour practices must be avoided by both the parties. 6. Proper records for the problem should be maintained.7. There must be change in the attitude of employers and employees. They should realise that differences can be resolved peacefully on negotiating table without the assistance of third party.8. No party should take a rigid stance. They should enter into negotiation with a view to reaching an agreement.9. When agreement is reached after negotiations, it must be in writing incorporating all term of the contract.

12. STRIKES/INDUSTRIAL ACTION MANAGEMENTStrikes are legitimate instruments with which unions push their interests with management, especially when negotiation and collective bargaining fail;Strikes can be domestic or national;The procedures for declaring strikes are clearly spelt out in ASUP’s constitutionStrikes should be: justified, reasonable, and popularStrikes should not be vendetta pursuits, personal motive/ego driven

13. STRIKES/INDUSTRIAL ACTION MANAGEMENTThe nature of enforcement of each strike should be established from the outset, by the national body (in the case of a national strike), or by the Congress (in the case of a local strike);Information flow during strikes is very critical to the success of the engagement;In the case that members are not paid salaries during strikes, unions may work out a plan to assist members, through welfare schemes, contributions, etc

14. OPPOSITION TO STRIKESManagement/Government Action: no work no pay, sack, victimization, divide and rule,sabotage attendance registers, student incitement, etc)

15. UNION LEADERS AND POLITICS: WITHIN AND OUTSIDE THE INSTITUTIONOrganized labour cannot afford to be apolitical;However, labour should not mix trade union issues with politics;There is a difference between being politically aware and engaging with politicians for leverage and participating in partisan politics;Deep entanglement in politics by union leaders will likely jeopardise the activist vision and mission of the union.This is most noticeable in state-owned institutions where a direct link with the government in power is often necessary;

16. OPINIONMy personal position is that while union leaders should build strategic vital beneficial linkages with politicians, they should, ideally, eschew partisanship, defined as investing moral, ideological, physical commitment in political parties as members, even angling for elective positions. Eg. a former Chapter Chairman in Kadpoly became the Presidential candidate of a political party while retaining his position as Chapter Chairman of the union.

17. HANDLING GRIEVANCESA grievance is an employee complaint that the employer violated the worker’s rights under the law, pursuant to a contract, or as set forth in the employer’s workplace policies and procedures;In the workplace, a grievance generally arises when the employer breaches the terms of the collective bargaining agreement.  Both individuals and groups of employees can file a grievance.Examples of grievances include disputes involving the payment of wages, unsafe working conditions, changing job duties, improper disciplinary actions, unfair treatment and other issues. 

18. TYPES OF GRIEVANCESIndividual grievance. One person grieves that a management action has violated their rights under the collective agreement. ...Group grievance. A group grievance complains that management action has hurt a group of individuals in the same way. ...Policy or Union grievanceIntra-union grievances

19. POST SCRIPTThe major thrust of this workshop is to equip ASUP’s officers at the chapter levels with capacity to administer the union effectively and efficiently. I have been tasked with setting a broad-brush tone for discussions rooted in experience, rather than in the stringent empiricisms of scholarly inquiry.I do not presume that my presentation has exhausted all the critical areas of union administration in our chapters.I believe, however, that this presentation has opened up deltas of discourse which will serve as an invitation for us all to robustly and openly enrich our individual and communal experiences in the service of our beloved union.

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