RscocNrrroN AcnnnuENT
BBrwnBN
TsB GoveRNMENT
Or Tsn
Rspusuc Or Neulnra
(GRN)
THB Neulnre NenoNAL Tnecrrpns' UNIoN
(NANTU)
1
IEEAUELE
ha'"re determined r
The parties to this Agreement
(a)
ancl are satislied that the Un on has been nrandated by the
nrajority of staff members in the bargaining unit to act as thelr
exclusive barqaining agent,
(b)
to regulate the relations betvr'een them in the interest of mutual
understarrding, co-operation, efftciencli, productivity and
fostering the educalional advancement of all Jearners tn
N
(c)
amibia,
to ensure the speedy and inrparlial settlement of disputes and
grievances;
(d) to iake steps to
ensure that the recognised negotiating
procedure is known and understood by all staff members and
the Union as well as the Employer at all levels of management
and that agreements reached as the result of negotiations are
understood by all parires a{fected.
DEFINITIONS
ln this agreement, unless ihe conienis otherwise indicates -
"Employed' means the Government of the Republic of Namibia.
"Staff membef' means all the staff members in the bargaining unit.
"Bargaining unit" means all the Public Service sta'ff members in the
following categories: Teachers at primary and secondary levels,
principals as well as educators at colleges and training centres.
"Union" means the Namibia National Teachers Union (NANTU).
"Collective agreemenUprotocol" means any agreement in writlng, the
terms of which are negotiated by, entered into and signed by or on
behalf of the Employer and the Union.
"Dispute" means a dispute as defined in Section 1 of the Labour Act,
1992 (Act 6 of '1992).
I
"Exclusive bargaining agent" means an exclusive bargaining agent as
defined in Section 1 of the Labour Act, 1992 (Act 6 of 1992).
"Joint negotiating meetings" means meetings between the respective
1
negotlatir-lg teanrs to negotiate on rnatters referred io in clause
SCOPE
3.1
B.
OfAGREEXLE1IL| .
The Employer recognises the Union as the exclusive bargaining
agent representing the stalf menrbers in tlre bargaining unit and its
right to represent and negoiiate on all matters of mutual concern. The
Employer undertakes to at all times consult and negotiate with the
Union any conditions of emplo)/ment, rernuneration and service
benefits.
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The Union shall negotiate on behalf of all the sta{f members in the
bargainino unit.
1.)
Non-Union members shall be obliged to pay to the Union a
percentage of ihe Union membership fee which is equivalent to the
cost of Unlon representation. The Union shall communicate the
percentage to the Employer on an annual basis.
4.
RIGHTS
4.1
The Employer has the right to conduct lts business and manage its
operation and in padlcular the right to appoint, promote, transfer or
discharge any staff member, subject to the applicable laws and this
nraomanl
vv'
/Ary,
',v, 'r.
42
The Union has the sole right to represent ii re lit.rl'.lst ui 'rr rhd -2ff
members in the bargaining unit with respect '. ,i':,; ,,r,tts under th:s
Agreement.
A.)
The rights of the parties, subject to this Ag':emeni, will be exercised
in a spirit of partnership, sound labour relations and in good faith.
5
GOLLEGTIVE BARGAINING MACHINERY
tr'1
It is agreed that separate negotiating teams for ihe Employer and the
Union, respectively, shall be established within one month of this
Agreement being signed. Both parties will inform each other in writing
of the names of their respective negotiating team members: The
principal o'Djective of these teams will be to provide a means of
I, consultation and negotiation between the Employer and the Union. It
ilis agreed that the procedure and conduct of negotiations will be as
set out in Appendix 1 to this Agreement which shall form part of this
Ag reement.
5.2
The negotiating teams of both parlies shor-rld be in a position to take
binding decisions within a given mandate from the respective
constituencies.
2
5.3
The representatives of the I:rnployer i,vill rleet the representatives oi
tire Union at such times as nray be agreed upon for the purpose ol
discussing and negotiatiitg the subjects i-eferred to in clause g.
6.
6.1
DURATION OF AGREEMENT
-fhis
Agreernent shall come inlo force on the date that the Agreement
is signed by both padies and shall renrain in force without linritation
as to time unless:-
(a)
it is cancelled by rnutual agreement between the parties; or
(b) it is replaced b1, a new agreement mutually agreed to by the
parlie s; or
r
(c)
the percentage of employees represented by the Union falls
below 50% plus 1 for a continuous period of 6 months in any
calendar year; or
(d)
an order is issued by the Labour Courl in terms of whtch the
recognition of the Union as the exclusive bargaining agent is
withdrawn.
7.
The Employer and the Union accept responsibility for compliance with
this A,greement and agiee io iake ali possible steps to prevent, or
bring to an end, as speedily as possible, any action by the staff
members in the bargaining unit or by representatives of the Employer
or of the Union, as the case may be, which is at variance wiih this
Agreement.
8.
SUBJEGTS FOR NEGOTIATION
It is agreed that the subjects for negotiation between the Employer
and the Union are as follows:
(a)
(b)
Rates of pay including nomal and overtime hours, allowances,
occupational differentiated adjustments and any bonuses.
Principles and procedures
of
appointments, promotions,
transfers and discharges.
(c)
(d)
Housing.
Leave and leave pay including public holidays, annual leave,
sick leave, maternity leave, study leave, conrpassronate leave,
special leave to attend union activities and all other types of
leave.
-
(e)
llours of work.
(f)
Unifornrs and protective clo ilng.
(g)
Medical aid scnenres.
(h)
(,)
Satefy measures and health.
(j)
Disciplinary and grievance procedures
(k)
Subsistence and travelling allowances. camp aliowances,
transfer costs as well as compensation i3r the use of private
Persior. rrat:e:
transport for official purposes.
(l)
Roles, functions and dutles of workplace
(m)
Facilitres for union representation.
(n)
Procedures for the amendment of this Agreement.
(o)
Mechanism to enforce clause 3.3.
(p)
Any other maiters relating to terms and conoitions of service.
re3 res e
ntatives.
9,
VICTIMISATION
9.1
ln all cases, but subject to existing laws and regulaiions and the terms
of this Agreement, representatives of the Union and representatives of
the Employer shall be free to express views without'fear that relaiions
between them will be affected in any way by siatements made by them
in good faith while serving in a representative capacity.
9.2
No representative of the Union employed by the Employer shall be
victimised for serving in such a capacity. Similarly, no representative
of the Employer who is a staff member shall be victimised for serving
in such a capacity.
,10.
1
0.1
AGREEMENTS
All agreements/protocols made by the Employer and the Union in ihe
Joint Negotiating. Meetings shall be in writing and signed by both
parties.
10.2
The Employer shall ensure that copies of such agreementsiprotocols
with the Union are made available to both parties in a quantity to be
agreed upon between them.
4
11
INTERNAL DISPUTES SETTLING PROCEDURE
Where an agTeentent betrrr,eetr ihe'Ernploye. anc :he lnion cannot be
reached during the process of negotiaiicrs th3 i: owing interrral
dispute settling procedures may be invok"l b,,, n -:ual agreement
which shall be ccncluded r',, ihin -?O iays
(a)
A fact-finding sub-corrmtttee nray Le
(b)
Temporary adjournmeni of the negolrai ng p:oc:lures to -
a:iorr.=c .-lnr both teams.
(i)
obtarnadditionalinformation:
(ii)
consuit with expens and/or
(iii)
informally consulting each oth=:
if
:he:= are disputes
between individual members of ine lwo ieaifls.
(c)
12.
Mediation by an independent person.
ADDRESS AND NOTICES
(a)
Correspondence arising oui oi this A-oi3emeni \,, jl be addressed
by the Empioyer to the Secretary-Ger::ral cf t:.: Union and by
the Union to the Secretary to the C:bine: oi:re Republic of
Namibia and the Employer and the Unicn choose lheir addresses
for this purpose as follows:
THE GOVERNMENT (postal): Office of ihe p:ime Minister
P O Box 1117'
WINDHOEK
(physical): United Hcuse
Corner o; Biilcw S:;eet and
Independence Av=nue
Tel. No. 2873911 Fax No. 225076
THE UNION
(b)
(posial):
Namibia National Teachers Union
P O Box 51009
KATUTURA
(physical): Tuin Street 71 i B
Katutura
Tel. No.262217 Fzx No.261926
Either pafty to this Agreement may at any i re change its
address by notice in writrng to the other pany p.cvided that the
5
APPENDIX
THE PROCEDURE AND CONDUCT OF-N
EG
OTIATiONS
RE!RESEN_NTAITqN
1.
resent the
the Employer and the Un rn' respectivelY, in the
The respecttve negot;attng le:ms must be emPowered
a team to
The Employer and the Union will each appc'rl
reP
interests of
neootialions.
to iecide o- issues lnder otsc''rssior
TEAM COMPOSITiON
2
Eachteamwillconsistofnotmoreihanon:spokesperson/|eaderand
eight rePresentatives
shall jointlY determine the
The spo kespe rson si lea d ers of both teams
(14) daYs of the
time and the venue for negotiations withln iourieen
: irhe r side.
request of such a meeting belng made from
4.
RECORDS OF MEETINGS
the decisions
The Employer shall provide secreiarial sel^':ces Only
shall be reflected in the minutes However' tape
i"kl n
safe
"t"L"tings
ih"e discussions shall be maje and be kept in a
;;;;;;;;i
tape
the
of
;l;;"-;uh. Employer. The Union may req-3st that.copies
wher':ver the Emplover or ihe
i;;;d-is;;; tadL available toofit tape
recordings shall be made
Union Jo requires, transcripts
available.Eachteammayhavearecordtn;secreiarypresentwhois
not a member of the team
5.
CAUCUS
meetings'
Both parties shall have the right to caucus drring
b.
DELAYS
without a
Should either side Ieave the table or break off negotiations
date for the next meeting having been agreed' the
"rouiiionuf
72 hours in order
!p-o'r", p"r. onr/lead e rs will contact each other within
flnd an acceptable date, time and venue for the
iJ-lointfy
rucom*un""m"nt of neg otiations'
7.
Both parties have the right to inform their respective consiituencies
about progress made d u ring n eg otiatio n s.
1
1
APPENDIX I
8.
PRESS AND MEDIA
The Employer and the Union agree not to issue unilateral statements
to the press or other media concerning any negotiations and
consultations until the rrocess has been flnalised or either party has
broken ofi negotiations unless otherwise agreed upon by both parties.
nrmh/nan95'18
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