CLOGSAG Must Follow National Labour Commission Rules in Ongoing Dispute — Austin Gamey

Labour expert Austin Gamey has urged the Civil and Local Government Staff Association of Ghana (CLOGSAG) and the government to fully adhere to the procedures of the National Labour Commission (NLC), stressing that the commission is the legally mandated body to mediate the ongoing labour dispute.

Mr. Gamey said that while parties can initially state their positions, they must ultimately follow the rules governing negotiations.

“First, they don’t have a choice but to be open to the National Labour Commission. The commission is the authorised body set up by law to ensure that if there is a dispute such as this one, they invite the parties,” he said.
“They can state their position initially, but the rules of engagement will be spelled out to them, and they will have to abide by those rules.”

He emphasized that effective negotiations cannot take place under the pressure of an ongoing strike, noting that the commission is likely to insist on an environment conducive to dialogue.

“I will be surprised if the Labour Commission, after the initial opening, allows them (CLOGSAG) to continue with the red flags around them. You cannot negotiate in such a situation,” he added.

Drawing on his experience in labour negotiations at the Ministry of Employment and Labour Relations, Mr. Gamey explained that symbolic actions associated with strikes must be set aside during formal discussions.

“Whether they are lecturers, doctors, or any other group, when they appear before you during negotiations, they should not be intimidating or pressuring you to yield to their wish,” he noted.

Once the rules are established, both parties will have the opportunity to present their positions, with the government expected to consider any legitimate concerns raised by CLOGSAG.

“Both parties will put their issues on the table, and CLOGSAG may have a legitimate case. The employer will have to listen and offer what they can. If they cannot meet the demand, they must explain why,” Mr. Gamey explained.

He also cautioned government officials against bypassing proper institutions, highlighting the role of the Fair Wages and Salaries Commission, which is legally mandated to lead such discussions.

“There are authorised bodies in this country clothed with the authority to lead negotiations. Ministers of State can participate, but they must do so under the rules. The authorised body to lead this kind of negotiation is the Fair Wages and Salaries Commission,” he said.

Reflecting on the origins of the dispute, Mr. Gamey suggested it might have been avoided if proper institutional procedures had been followed when an agreement was signed in 2019 by Yaw Osafo-Maafo at the Ministry of Finance.

“If the proper institutions had handled the negotiations, we would not have run into this problem,” he said, noting that the 2019 agreement was only partially implemented for some staff, leaving others excluded.

Regarding the NLC’s earlier comment describing the strike as illegal, Mr. Gamey clarified that the commission’s role is to guide parties on legal implications, rather than issue final judicial rulings.

“Normally, the body permitted to pronounce that something is illegal is the court. But the Labour Commission has the authority to point out the legal and illegal sides of a matter and guide the parties,” he said.

Expressing confidence in the commission’s ability to resolve the dispute, Mr. Gamey highlighted its experience and tripartite structure, representing labour, employers, and independent leadership.

“The Labour Commission has very capable people. The Executive Secretary is astute, well-trained, and balanced, and the commissioners are highly experienced. It is a true tripartite body, and I have one hundred per cent confidence that they will find a solution,” he concluded.