PRUDENTIAL BANK LIMITED vs. INDUSTRIAL AND COMMERCIAL WORKERS’ UNION (ICU)

Prudential Bank Ghana Limited lodged a complaint at the National Labour Commission (NLC) regarding a stalemate in unionisation with the Industrial and Commercial Workers' Union (ICU). The dispute arose after the Chief Labour Officer (CLO) issued two Collective Bargaining Certificates (CBCs) to ICU covering Senior Management and Junior Staff. The Bank accepted the junior staff coverage but objected to the inclusion of senior management, specifically branch managers, citing Section 79 of the Labour Act, 2003 (Act 651). Despite negotiations directed by the CLO, the parties failed to agree on whether branch managers could join the Professional and Managerial Staff Union (PMSU) of ICU. The Union proceeded to execute a Memorandum of Understanding (MOU) which the Bank refused to sign, prompting referral to the NLC for resolution.

RULING Brief facts of the case This action commenced when on 19th August, 2022, Prudential Bank Ghana Limited, the Complainant Bank, lodged a complaint at the National Labour Commission, inviting its intervention to facilitate a resolution of a stalemate in unionisation between the Complainant Bank and the Industrial and Commercial Workers' Union, the Respondent Union. Complainant's case The Complainant Bank submitted as follows that: 1. In February, 2022 the Chief Labour Officer (CLO) issued two (2) Collective Bargaining Certificates (CBC) to the ICU to represent Senior Management and Junior Staff of the Bank. The Bank did not have any issue with the class of workers covered under the junior staff but raised issues regarding the senior management personnel covered by CBC, pursuant to Section 79 of the Labour Act, 2003, (Act 651). 2. After a protracted exchange of correspondence between the ICU and the Bank, the CLO directed the Bank and the ICU to meet and discuss the issu...