The Chairman and Secretary of the Bank of Ghana Senior Staff Association have been dismissed in the latest twist to the rumpus over the unionisation of workers of the bank. According to reliable sources at the bank, the Chairman, Mr Benjamin Duffuor, and the Secretary, Mr FranK Mensah, were handed their dismissal letters last Friday and their identity cards, which allow them entry into the bank's premises, taken from them. One source said the bank's security head was given a copy of the dismissal letters and instructed to retrieve the identity cards from the two workers. Another source expressed surprise at what had happened because the National Labour Commission (NLC) is expected to meet the leadership of the• association and the bank's management today over the issue and so it did not understand why the dismissal should precede that meeting. The sources said following the dismissal of the two leaders, the workers had promised to react appropriately and fears were rife that they would resort to a strike, a tool they used during their fight for the bargaining certificate some time ago. When the Daily Graphic called the bank's Public Affairs Manager, Ms. Esi Hammond, she could not confirm the story saying she had been on leave and had just arrived in the country from abroad. The affected workers could not be reached for confirmation. The sources said since the issue was being handled by the court and it had not been determined, it was premature for the management to terminate the appointments of the two workers. It is recalled that the bank dragged the Attorney-General (A-G) and the NLC to court on the purported registration and recognition of the bank's Senior Staff Association as a labour union. The bank, in its statement of claim, stated that it had come to its notice that the A-G was purported to have registered the association as a trade union. Following that, it brought to the notice of the A-G and the NLC that that action was against the law, particularly Article 24 (3), (4) of the 1992 Constitution and also Section 79 of the Labour Act 2003. Article 24(3) of the 1992 Constitution guarantees for employees the right to join a trade union for the promotion and protection of their economic and social interests, while Clause 4 bars any restrictions on the exercise of the right, except those prescribed by law, in the interest of national security and the protection of the rights and freedoms of others. While Section 79 of the Labour Act 2003 guarantees freedom of association, it also sets out some classes of workers and functions who must first reach an agreement with their employers before joining trade unions. The bank said based on the law, the conditions precedent for the formation or joining of a trade union by a worker were the individual decision of each employee and the prior agreement between the employer and the employee as to the class of employees qualified, in accordance with the law, to join the trade union. The bank pointed out that by the constitution of the association, its membership consisted of officers above the rank of sub-officer to the governor, who were deemed to be members of the association on employment or upon promotion to the officer class. It maintained that it drew the attention of the NLC to the fact that the decision to unionise had to be an individual one and that the internal association of the bank could not be changed or converted into a trade union. There was no prior agreement between itself and the interested employees as to the class of workers who could be members, in accordance with law, it said. The membership of the purported registered trade union, it said, included employees in grades and governorships disqualified by the law from forming or joining a trade union, while the NLC could not legitimately accept the constitution of the association as that of a trade union. The bank said the NLC, in a letter dated March 28, 2007, conceded the issues raised by the bank but said in its (the NLC's) view, due process had to be adhered to in accordance with law for the unionisation of interested employees. The NLC then summoned the bank to appear before it and the issue of the legality of the purported registration of the association as a trade union was raised. The bank said in a subsequent letter dated January 14, 2008, the NLC said the trade union certificate issued by the Chief Labour Officer was valid and "shall remain", while the constitution of the association submitted to the Chief Labour Officer for the issuance of the certificate did not reflect the character of a trade union constitution. The NLC, therefore, directed the executive of the association to amend the constitution and draw a new one, in accordance with Section 83 of the Labour Act 2003, and also determine the class of employees to be covered by the collective bargaining certificate. It also asked the association to apply to the Chief Labour Officer for the bargaining certificate, in accordance with the law. The bank said all the directives in the letter were contrary to law and that the NLC had threatened to continue with the illegality unless restrained by an order of a court. It, therefore, sought a declaration that the registration of the association by the Labour Department and its subsequent recognition by the NLC were not in accordance with law and also asked for a declaration that the findings and directives of the NLC, in its letter of January 14, 2008, were not in accordance with law, an injunction to restrain the A-G, the NLC and their officers, servants and agents from further acts of disobedience and non-compliance with the law and an order of injunction restraining their officers, servants and agents from recognising and dealing with or holding out the said association as a trade union. Source: Daily Graphic