CASE 1: THE UNIONIZATION OF CUSTOM, EXCISE AND PREVENTIVE SERVICES (CEPS) STAFF: PUBLIC SERVICES WORKERS UNION TRADES UNION CONGRESS (GHANA) NATIONAL LABOUR COMMISSION VRS MANAGEMENT OF CUSTOMS EXCISE PREVENTIVE SERVICE (CEPS) Customs Excise and Preventive Service (CEPS) were one of the founding members of the Public Service Workers' Union (PSWU) of Trade Union Congress in 1959. However, they were unilaterally de-unionized in February 1989 by Honourable Ato Ahwoi, who had Ministerial responsibility over CEPS during the PNDC era, based on an unjustifiable claim that CEPS was a para-military institution. Since then several attempts at their re-unionization had been met with resistance from the Management of CEPS. Since 1992, PSWUthus engaged the Management in a protracted court case that failed to determine the eligibility for unionization. In 1999 the CEPS union challenged the continuous preservation of the dissolution as unlawful under the fourth Republican Constitution of Ghana. In 2006, the staff (senior and junior) of CEPS filed a complaint of unfair labour practice against the Management. The NLC ruled that CEPS is not a security institution listed in the Labour Act. 2003 and therefore the Commission has jurisdiction to determine the complaint of unfair labour practices against the Management of CEPS from its staff groups. In September 2006, the CEPS union was reactivated following a ruling by the NLC. In October 2006, the PSWU withdrew the case against CEPS Management because the case had delayed unduly and the union had lost interest in the case. In February 2007, the PSWU lodged a complaint at the NLC against Managements delay and refusal to convene a Standing Negotiating Committee. By mutual agreement, the case pending in court was discontinued to allow for the SNC to be convened. But Management remained uncooperative. In August 2007, the NLC went to the fast track High Court to secure an enforcement order. However, the matter was taken to the Supreme Court by the Management of CEPS on the grounds that the portion of the Labour Act 2003 (Act 651) which gave workers mandate to form or belong to a union was inconsistent with the 1992 Constitution. The Supreme Court by a majority decision of three against two of the panel members ruled that CEPS was a security agency and could not be unionized. The union filed a joint motion with the NLC for a review of the Supreme Court decision. However, the merging of all revenue agencies, including CEPS, by an Act of Parliament to form the Ghana Revenue Authority paved the way for their unionization. This vindicated the argument of the Union that CEPS was a revenue agency and not a security agency. With your knowledge in Labour Relations and Collective Bargaining, does CEPS have the legal right to form or not forma union? Give reasons for your answers. Do you think CEPS have followed the right procedure in seeking redress? State reasons for your answer. What would you have done differently in you are in the position of CEPS workers REQUIREMENTS: PLEASE DISCUSS THIS CASE AND ANSWER THE PRECEEDING QUESTIONS IN YOUR GROUPS. DO WELL TO PRESENT YOUR WORK BY THURSDAY 17 MAY 20222 TO YOUR CLASS REPRESENTATIVE