BIUST ordered to continue negotiations with BOSETU
Mpho Mokwape | Tuesday May 28, 2024 06:01
The University called out for its dishonesty, has been ordered by the Francistown Industrial Court to continue negotiations with BOSETU for the interest of employees. BIUST has been at loggerheads with the union for reportedly unilaterally implementing Revised University Statutes and Implementation Guidelines of Policy on Academic Integrity without consultation with the union.
The accusations by BOSETU were that the University unilaterally implemented the statutes and, therefore, breached the Collective Labour Agreement (CLA) between the parties, forcing litigation. The Francistown Industrial Court's Justice A R Tawana ruled in favour of BOSETU, explaining that the revised statutes of BIUST were never negotiated nor was there any consultation done with the union.
'The Implementation Guidelines on Policy on Academic Integrity, as communicated by memorandum dated November 15, 2021, are hereby set aside as they were neither negotiated nor consulted with the union. 'Pursuant to the provisions of Section 48(4) of the Trade Unions and Employer Organisations Act, the parties are to hold negotiations and/or consultation meetings over the said document within the next 30 days,' said the judge. The judge added it was dishonest of the University to unilaterally change its statutes and hide behind the BIUST Act in order to declare negotiable matters as being for the sole mandate of the Senate. According to the judgment, the University's argument that the union’s mere reference to the statutes does not mean that they form part of the employment contract and the terms were untenable.
'Actually, Nkumbuludzi Ndwapi told the court that the University statutes are important to the parties since they affect their welfare as employees and that the amendment increased the powers of the vice-chancellor on disciplinary matters. 'In addition, under the old statute, there was the University Staff Appointments and Promotions Committee, which has since been removed from the Statutes,' stated the judgment.
The judge also said it is trite that Collective Labour Agreements cannot be ignored by the courts and this is simply because they are entered into voluntarily, and in such event, the parties would have considered, at leisure, what they determined to be in their best interests. Further, the judgment emphasised that more so that in one of the clauses of the recognition agreement entered into by the parties speaks to the issue of consultation and the clause generally states that the University shall consult the union on all matters that concern the wellbeing of the union members and other issues of mutual interest.
'These include promotions, discipline, and determination of duties and responsibilities, to name a few. It is, therefore, a unilateral variation of the employees’ terms and conditions of employment for the respondent to amend the Statutes, as well as The Assessment and Implementation Guidelines of Policy and Academic Integrity without consulting and negotiating with the union,' explained the judge. On whether the union can be deemed to have waived its rights to negotiate or consult under the CLA, the judgment mentioned that there was no evidence of waiver in the case and the union was willing to bargain.
In summation, the judge said the University acted in a clear violation of the parties’ Collective Labour Agreement. Meanwhile, BOSETU went to court arguing that the two documents presented by the University constituted a unilateral variation of the employment contracts by the employer as they form part of the employment contracts for the academic staff who are its members.
The union further contended that BIUST was obliged to negotiate with them before implementing changes to the documents. BIUST, on the other hand, argued that engagements to try meaningful consultation with BOSETU on the Revised Statutes did not yield any progress due to the union’s continued unavailability for meetings.
The University further contended that the Guidelines of Policy on Academic Integrity don't affect the conditions of service of BOSETU members but rather relate to administrative and operational issues of the university and, therefore, are not up for negotiation.