Labor expert Mr. Austin Gamey has urged the Civil and Local Government Staff Association of Ghana (CLOGSAG) to reconsider their planned strike action.
The government is arguing that the basis for this strike is illegitimate. They have demanded that CLOSAG point out one single provision within the laws of this country that backs their claim.
Mr. Gamey, drawing from the Labor Act and the Constitution, explained the authority to employ individuals in the government sector.
“Both by the Labor Act, Section 8A, the only authorized body or person to employ anybody into the public or private sector is the employer. And the number one employer in this country, by law, is the government in power, and by extension, the President.’’
Mr. Austin Gamey Labor Expert
Citing Article 195 of the Constitution, clarified that employment in the civil and public service is managed by the President or his assigns, which include the head of the civil service and the Public Services Commission.
Mr. Gamey questioned whether CLOGSAG was referring to a constitutional provision or an internal policy of the civil service, stressing that any such policy must align with the existing legal framework.
“If they are pointing to a certain policy of the civil service, that policy must be consistent with Article 195 or Section 8A of the Labor Act and not anything contrary to that effect. If there is anything contrary, it might be illegitimate.’’
Mr. Austin Gamey Labor Expert
While acknowledging CLOGSAG’s legitimacy as a union with the right to raise concerns and advocate for its members’ economic and social interests, he suggested alternative methods for addressing their grievances. Mr. Gamey encouraged CLOGSAG to pursue dialogue and legal channels rather than resorting to a strike.
“They can raise this through various means, especially by writing and requesting a meeting with the Ministry of Employment and Labor Relations or the Head of Civil Service. They can also approach the National Labor Commission to iron out their differences.’’
Mr. Austin Gamey Labor Expert
He cautioned against calling for a strike without exhausting these options, stressing that such an approach would be unfair to their members.
Appeal to CLOGSAG
Mr. Gamey emphasized that CLOGSAG members are experienced professionals who can analyze the situation and make informed decisions.
“To call upon their members to go on a cost-cutting strike like this—honestly, their members are not small boys and girls. They can read and write. They understand these issues.’’
Mr. Austin Gamey Labor Expert
He urged CLOGSAG leaders to consider the interests of their members and seek redress through the appropriate institutions rather than pushing for industrial action.
“I don’t think it is fair to them. They are my friends, and I would like to urge them to back down on this.’’
“They should properly present their case to the appropriate body and argue it out if they want to argue. Ultimately, they can go to the law court and prevent the government from acting in a way they deem unfair. But they cannot go on strike this way.’’
Mr. Austin Gamey Labor Expert
He reiterated that the members of CLOGSAG are competent civil servants who understand legal and procedural issues.
“Their members are not just anybody. These are competent civil servants who know what they are about. I don’t think they should treat them [members] like that.’’
Mr. Austin Gamey Labor Expert
Mr. Gamey’s remarks emphasize the importance of adhering to legal frameworks in labor disputes. His appeal to CLOGSAG to back down on their strike action is grounded in constitutional and labor law provisions, urging dialogue and legal processes as the best approaches to resolving their grievances.
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