ORDER - CALL OFF THE STRIKE ACTION

The Commission in exercise of the powers conferred on it by Section 139(1)(d) which states:
“(1) The commission shall exercise the following powers:
(d) notify employers and employers’ organisation or workers and trade union in cases of contravention of this Act and Regulations made under this Act and direct them to rectify any default or irregularities.”
Direct the leadership of the Ghana National Association of Teachers (GNAT) to advice its members who have embark on strike action in some of the regions to call off the strike immediately and return to work.

The striking GNAT members are to take note that , the dispute settlement procedures are established in ACT 651, Part XVIII, sub-Part II and so very aggrieved worker or employer is obliged to comply with the procedures before embarking on any industrial action – strike or lockout.

The strike action by some of the GNAT members and the continuation of the strike action is near violation of the Labour Law , in particular, Section 159 & 160 (1) under the headings – Notice of intention to resort to strike or lockout
“159. Where
(A) the parties fail to agree to refer the dispute to voluntary arbitration ; or
(B) the dispute remains unresolved at the end of the arbitration proceedings,
either party intending to take strike action or institute lockout, shall give written notice of this to the other party and the commission , within seven days after failure to agree to refer the dispute to voluntary arbitration or the termination of the proceedings.
160. (1) a party to an industrial dispute who has given notice of intension to resort to a strike or lockout under section 159 may do so after the expiration of seven days from the date of the notice and not at any time before the expiration of that period.”

The NLC is aware that ‘ the standing Negotiation Committee of the Ghana Education Service (GES) has given negotiations on the terms and conditions of the teachers in the GES and so the action by some of the GNAT members amount to “Unfair labour practice” under the Law


National Labour Commission

 
All right reserved by GNAT Copyright 2006