The National Labour Commission is in court to seek an order to compel the Customs, Excise and Preventive Service to convene negotiations with the Public Services Workers Union of the Trades Union Congress.A motion to the effect will be moved at the Accra Fast Track High Court on August 29, 2007.An affidavit supporting the application which was deposed to by Mrs Bernice A. Welbeck, the acting Secretary of the NLC said the PSWU lodged with the Commission a complaint against CEPS for its failure to convene a Standing Negotiating Committee with the union in accordance with Section 102 of the Labour Act.It said the PSWU applied for and obtained a Collective Bargaining Certificate on behalf of CEPS workers in accordance with the Industrial CEPS workers in accordance with the Industrial Relations Act, 1965.The management of CEPS, in response, referred to a long-standing court issue, dating back to 1992, which was yet to be determined.It said the NLC, on receipt of the CEPS letter, requested the PSWU to confirm the claim of a legal suit on the issue of unionization by CEPS workers.The PSWU, in response, stated that on October 17, 2006, it discontinued the suit against the management of CEPS.According to the affidavit, after critically studying all the correspondence before it, per letter of June 22, 2007, requested the management of CEPS to explain its continued unco-operative attitude towards negotiations with the PSWU.The Commission, it said, pointed out to the management of CEPS that it was obliged by law to negotiate with the PSWU once it had been registered and duly certified by the Chief Labour Officer in accordance with Sections 101 and 102 of the Labour Act, 2003.It said the Commission served a firm order on the management of CEPS to convene the Standing Negotiating Committee with the PSWU to commence negotiation within seven days upon receipt of the Commission's letter of June 20, 2007.In making the order, the Commission indicated that it was guided by Section 104 of the Labour Act with the result that failure to comply would compel the Commission to seek enforcement at the High Court.According to the Commission, the management of CEPS, in response to its final order, stated that it had referred the whole issue to the Revenue Agencies Board for policy guidelines and final decision.It said upon critical examination of the CEPS Management Law, 1993 and the Revenue Agencies (Governing) Board Act, 1998, the Revenue Board could be said to be clothed with the capacity decide on the question of whether the management of CEPS should negotiate with the PSWU or not."The functions of the Revenue Board have been clearly spelt out in Section 4 (a-p) of the relevant Act. And does not include the right of the Governing to decide whether any worker should join a trade union association or not," it noted.The Commission contended that the reference of the issue by the management of CEPS to the Revenue Board should be seen as an attempt to interfere with the right of workers to form or affiliate with a union of their own choice, and also a systematic calculation to delay a right conferred on them under the Labour Act, as well as the 1992 Constitution.According to the NLC, once the union had obtained a Collective Bargaining Certificate, the same was by law clothed with capacity to negotiate with the management of CEPS.Source: Daily Graphic