The National Labour Commission (NLC) says it has the mandate to mediate in the impasse between the management and staff of the Customs, Excise and Preventive Service (CEPS) over the cessation of the preventive functions of CEPS to the Ghana Immigration service.
The NLC's ruling signed by its chairmasn, J.A.Aryitey, states: “The Commission's decision is that CEPS is not one or the security institutions listed under section one of the Labour Act 2003, Act 651 and therefore the Commission has jurisdiction to determine the compliance of unfair labour practices against the management of CEPS from its staff groups.”
The senior and junior staff associations of CEPS lodged a joint complaint against their management for unfair labour practice and the Minister of Finance and Economic Planning for intending to cede the preventive functions of the CEPS to the Ghana Immigration Service.
Responding to the Commission's invitation for reaction, the CEPS management per its letter March 10, 2006 stated, among other things, that “CEPS, being part of national security was not amenable to the jurisdiction of the NLC.”
The staff associations on the other hand, contended that CEPS is not a security agency and is therefore subject to the jurisdiction of the NLC.
The Commission after hearing the arguments of both sides, said its decision was on the basis of the provisions in the Labour Act and the Security and Intelligence Agencies Act.
Section 1 of the Labour Act 2003(Act 652) states: “The Act applies to all workers and to all employers except the Armed Forces, the Police Service, the Prison Service and the Security and Intelligence Agencies specified under the Security and Intelligence Agencies Act1996(Act 526).”