Why it is problematic to turn the GJA into a union under the Labour Act 2003
The Ghana Journalists Association (GJA) led by Mr Roland Affail Monney has been presented with a Trades Union Registration Certificate, certifying it as a labour union with powers to bargain conditions of service for members.
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Per the certificate, issued on September 12, 2017 by the Chief Labour Officer and outdoored at a press conference in Accra on Friday, the GJA has been registered under section 84 of the Labour Act 2003 (Act 651).
Discussions on forming a union to bargain conditions of service for Ghanaian journalists started in 2008 considering the precarious nature and working conditions under which many, especially those in the private sector work.
The association passed a resolution in 2011 under the Presidency of Mr Ransford Tetteh to initiate moves at getting a labour union.
This is because those in the private sector have no labour unions to bargain on their behalf unlike their colleagues in the public sector.
For instance, those at the Graphic Communications Group Limited (GCGL) and New Times Corporation (NTC) have the Industrial Commercial Workers Union (ICU) to fight for them since they are members.
Those at the Ghana Broadcasting Corporation (GBC), Ghana News Agency (GNA) and Information Services Department (ISD) have the Public Service Workers Union (PSWC) pushing for their interest.
The problem however is with those in the private sector who have no unionised forum to fight for their interests.
When the discussions on the need to form a union came up within the circles of the GJA, some members who own private media dragged their feet on the basis that pushing for the formation of a union to whip them for better conditions of service for their workers, would not be in their [employers] interest.
There were also those who suggested the need for the formation of a Media Workers Union separate from the GJA to cater for the interests of private practitioners who don’t belong to any union, and so that the GJA can continue to stand as a professional umbrella body for all journalists, active and retired members.
Therefore, admittedly the move by the GJA to get a union for an opportunity to be able to push for better conditions of service for members in a way is good and not new.
But there are some hurdles, which the Affail Monney administration, probably in the haste without adequate consultation with constituents have overlooked in the bid to score some political points with a week left to elect new national and regional executives on September29, 2017.
Problematic move and legalities under Labour Act 2003
The GJA in its present form as an association has membership, some of whom are in management positions in their respective media houses, editors and media owners [employers].
The Labour Act, 2003 (Act 651) is clear on what trade unions and employers’ organisations is under Part XI.
Section 79 (1) states: “Every worker has the right to form or join a trade union of his or her choice for the promotion and protection of the worker’s economic and social interests.
79 (2) continues: “Notwithstanding subsection (1), a worker whose function is normally considered as (a) policy making; (b) decision making; (c) managerial; (d) holding a position of trust; (e) performing duties that are of highly confidential nature; or (f) an agent of a shareholder of an undertaking, may not form or join trade unions.
From this, it is clear that some media owners, who themselves are employers as well as editors and other journalists who occupy managerial positions in their respective media houses and are policy makers, decision makers cannot be part of the GJA’s union.
Similarly, it also means that members of the GJA, who have retired after attaining age 60 should also consider themselves out since they are no more in active service and cannot be members of the union.
Per the status quo, the members of the GJA from Graphic, New Times, GBC and GNA would have to take a decision whether to belong to the GJA union or the ICU or the PSWC for their employers to determine which of the unions to deal with in bargaining for their conditions of service since an entity cannot deal with two unions.
The GJA would have to move the next step to obtain a bargaining certificate and this development, is seen by the leadership of ICU as unique, and waiting for how things would move.
Considering the GJA constitution does not introduce it as a labour union, it is interesting how the Chief Labour Officer arrived at the decision to issue the certificate, considering that Mr Affail Monney himself who is spearheading the move, has retired from active service as Director of Radio at GBC after attaining age 60.
By extension, Mr Roland Affail Monney who is contesting for re-election cannot lead the union as a retiree, same as Messrs Lloyd Evans and Mathew Mac Kwame, who have all retired and are contesting for the presidential and vice presidential positions.
Unionization is for low level staff members, which means that journalists who are in management levels cannot be unionized.
This means, Dave Agbenu, Editor of Ghanaian Times, who is contesting for re-election as General Secretary, Tina Aforo-Yeboah, Editor of The Spectator, contesting for the position of Vice President, Vance Azu, Night Editor of Daily Graphic, contesting for the position of Organiser and Johnny Aryeetey, Director of TV at GBC, contesting for presidential position, who are all managerial staff at their respective media houses cannot join the GJA union under the Labour Act 651 of 2003.
Other members of the association who are also in management positions in their respective media houses cannot also join the GJA union.
The question to ask is why the haste to bring this up, a week to elections. Was it to win votes?
Journalism is a profession and as such where will we place many of the retirees who are still in active practice and are members of the association.
I therefore call on the Chief Labour Officer to come clear on this issue as the unionization is likely to create more confusion.
Lawyers and journalists in the association should avert their minds to the issues and if in doubt go to court for a better interpretation of the Labour Act.
The unionisation is therefore a good step but in the wrong direction.
Writer's email: [email protected]
