BR seeks to thwart workers' attempt to unionise

The train crew was given the go-ahead by the Industrial Court to unionise but the railways management is not happy about the development. At the Court of Appeal, BR lawyer, Stephen Vivian stated that the workers can only unionise if they represent one third of the employees of the railway.

He said that the Industrial Court was wrong to rely on Section 48 of the Trade Unions and Employers Act and interpreting it to mean that the union proposed by the workers represents the majority of employees within one sector of the BR work force - train crew staff.

"The appellant contends that this interpretation is incorrect. On proper interpretation of Section 48, only a union that represents one third of all of the employees of the appellant is entitled to such recognition," Vivian argued.

He said that the Industrial Court erred in holding that he had to interpret Section 48 within the context of not only the Act, but also the scope and purpose of the legislation and the fact that the labour movement belongs to a global village with directions as to the treatment of workers.

"The appellant respectfully submits that the learned judge was incorrect in his interpretation of Section 48," he said.

Vivian stated that a trade union can only be recognised if it represents at least one third of the employees of an employer, and that trade union may apply for recognition under Section 32 of the Trade Disputes Act. "There can be no doubt that the section has the effect of limiting the rights of unions which do not meet the threshold.

However, the clear intention of the legislature is to create a threshold," he said. Vivian argued that train crew staff are already members of the BR Workers Union which enjoys recognition because it represents over 25 percent of BR employees.

However, the lawyer for the train crew, Tengo Rubadiri said that the appellants were trying to deny the group their right to association, which is enshrined in the constitution.

He said that Botswana is signatory to the convention of the International Labour Organisation (ILO) and is obliged to comply with it. He said refusing the group to form a union would infringe on the workers' constitutional rights. Judgment in the case will be delivered on Friday.