NEGOTIATING COUNCIL OF NON TEACHING STAFF (NASU & SSUCOEN)
OSUN STATE COLLEGE OF EDUCATION, ILESA.
Mr. Adegboyega Oyetola,
The Executive Governor,
State of Osun.
Your Excellency Sir,
Re: Law Establishing the University of Ilesa and the Approach Adopted by the Implementation Committee – our Position
We write on behalf of the entire members of the Joint Negotiating Council, Non-Teaching Staff (SSUCOEN and NASU) of the Osun State College of Education, Ilesa to appreciate our amiable Governor, the Honourable Speaker of the State House of Assembly, Members of the State Executive Council and Members of the State House of Assembly for the concerted efforts leading to the establishment of the University of Ilesa.
In order to ensure that the University takes off on sure footing, we wish to intimate your good offices of our observations relating to flaws in the law as well as the flawed approach adopted by the implementation Committee, and suggest necessary amendments in the law and correction of some of the steps already taken by the Implementation Committee.
1. On the Issue of the Law Establishing the UNILESA.
After careful study of the law, we wish to observe and demand as follow:
Non-provision for the Integration of Existing staff into the UNILESA.
There is no part of the law addressing the integration/transition of staff of the defunct Osun State College of Education, Ilesa into the UNILESA for continuation of their career.
An amendment should be made to the law to allow all staff of the defunct Osun State College of Education, Ilesa to be unconditionally integrated to the UNILESA as staff and placed on positions commensurate with their current posts.
NOTE: Your Excellency may wish to note that the defunct Osun State College of Education Ilesa had been running degree programmes of other Universities for years and the profile of existing teaching and non-teaching staff had always been used to obtain accreditation of the programs. These same staff profiles were used to obtain the NUC recognition and certificate of practice for the new University.
It will be morally wrong and unjust for the new University to rubbish the staff that were used to support argument for its existence.
On Appointment of Principal Officers
We observe that the appointment of Principal Officers was rightly put under the powers and functions of the Governing Council as on page 8 through 9 of the law.
Making another provision under the same law for the appointment of pioneer Council and Principal Officers as on page 44 is considered by us as unnecessary and capable of undermining the sure-footed take off of the University as due process and international best practices in appointment can be sidetracked hiding under this provision.
The provision, tagged “Appointment of Pioneer Council and Principal Officers” should be expunged from the law.
Issue of Ban on Union Activities
We observe that provision number 13 of page 59 puts a ban on “Staff Association /Unions in the University.
We want to state that this provision is un-called for, particularly during a democratic dispensation.
Labour matters are in the exclusive list of the Nigerian constitution 1999 (as amended)
Cap 4 (40), Right to Peaceful Association is enshrined in the 1999 constitution of the Federal Republic of Nigeria.
Section 9 (6) of the Labour Act states and we quote “no contract/employment shall make it a condition that an employee shall/shall not join a trade union.
Cap 1 (1) (3) on supremacy of the constitution states and we quote, “this constitution (i.e 1999 constitution) is supreme and its provision shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria,. If any other law is inconsistent with the provisions of this constitution (1999 constitution), the constitution shall prevail and that other law shall, to the extent of the inconsistency be void.
Considering the foregoing, we ask that the provision banning union activities in the law in question be expunged.
This is moreso because unions are already existing peacefully in the defunct College and playing critical roles in ensuring smooth management/staff relations.
Issue of Composition of Council
We observe on page 45 a provision (d) which states: Two members of the congregation elected by the congregation, one of whom shall be a member of the Administrative staff of the university not below the rank of Principal Assistant Registrar.
This provision has barred other non-teaching staff from other service Departments (such as Library and Bursary) from representing congregation at the Governing Council.
The term “administrative staff” in the section should be amended to read Administrative/Professional/Technical staff not below CONTEDISS level 13.
Non-Provision for Modalities for Settling Outstanding Liabilities of the Defunct OSSCE, Ilesa.
We noticed that there is no part of the law that addressed the issue of settlement of liabilities of the defunct Osun State College of Education, Ilesa by the new University.
Contributory Pension Scheme (PENCOM)
The law does not in any way address the issue of continuity or otherwise of the Pension Scheme of staff with the UNILESA.
We ask that the modalities for staff Pension Scheme be spelt out in the law to enable us know where we belong.
Payment of all outstanding arrears of Peculiar Allowances owed by the now defunct OSCOED, Ilesa is not provided for in the law establishing UNILESA. For avoidance of doubt, Peculiar Allowances comprising of Medical, Hazard and Learned Conferences are unconsolidated allowances which past governments in the state directed each institution to be paying from the Internally Generated Revenue. The defunct OSSCE, Ilesa is owing our members for several months.
We ask that the government should state categorically the modalities for payment of the arrears of the peculiar allowances owed staff of the defunct Osun State College of Education, Ilesa transiting to UNILESA.
Arrears of Salary
Payment of outstanding salary arrears to staff by the government was not provided for in the law establishing the UNILESA.
We ask that since the new UNILESA is fully owned by the Osun State Government which also owned and controlled the activities of defunct OSCOED, Ilesa, the government should state categorically the modalities for the payment of the arrears of salaries owed the staff of the defunct OSUN State College of Education, Ilesa transiting
It is our believe that these observations of our Union will be positively addressed as recommended above for smooth take off of the University.
Once again, we seize this opportunity to thank Mr. Governor, Mr. Speaker and all members of the House for the establishment of the University of Ilesa. We pledge our unalloyed support for its smooth take off and continued growth and development.
God bless Osun State and its good people.
Yours in the struggle,
Comrade. Olarenwaju, A.F
Comrade Adepoju, M.A
Comrade D.B. Idowu-Korede
Comrade Adeleke, A.A
Osun State House of Assembly
Honourable Commissioner for Education
Special Adviser on Education,
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