Sunon Asogli’s position on matters relating to unionization

Sunon Asogli Power (Ghana) Limited Company (“Sunon Asogli” or the Company), as the largest Chinese investment in Ghana, and the first Independent Power Producer in the country, has ensured that in all its engagements and operations, the company respects and abides by the laws of Ghana.

This is why after over 15 years of existence, stories relating to the company have been progressive. We have always cherished the Ghanaian people and continue to do our best for them through our reliable and efficient power generation. As a multinational, it is in our best interest to work and operate in a serene and lawful environment - an environment which would ensure the protection of our investment and, above all, provide the hard-working staff of the power plant the best of safety and security.

It is a fact that every private investor is in business to make profit. At Sunon Asogli, however, we put more premium on friendship, and the maintenance of a working and living environment which allows for win-win outcomes. This is the spirit that drives our corporate strategy.

Sunon Asogli is not and has never been against unionization. Indeed, the company is aware of the right of our employees under the 1992 Constitution of Ghana and the Labour Act, 2003 (Act 651), to join a union. The issue has been about the procedure and approach adopted by the Ghana Mine Workers’ Union (“GMWU” or “the Union”). It has been our position right from the onset when the Union wrote to us, that we cannot enter into an agreement or negotiate with people we do not know, and that when the Labour Law talks about ‘‘THE WORKER’’ it is referring to a particular individual.

We therefore requested that the Union should furnish us with the list of workers who had applied to join the Union, but for close to two years, the Union refused. We must emphases that our insistence on having the list to determine the classes of the employees the Union were referring to, their departments, their job descriptions and organizational structure of the company is underpinned by section 79 subsection 2, 3 and 4 of the Labour Act, 2003 (Act 651). So, we did nothing wrong in asking for the list because without it, how can we determine the requirements of subsection 2, 3 and 4 especially section 2 of the law?

We were also of the view that the way and manner in which the Collective Bargaining Certificate (CBC) was issued by the Labour Department was improper, and that the issuance of a CBC is a foundational procedure for any engagement between Sunon Asogli and the Union. We cannot therefore gloss over a non-compliance in its issuance. The Company therefore, through our Counsel, wrote to the Chief Labour Officer to look into the matter and subsequently withdraw same. The company up till date has not received a response to the said letter.

The Union finally submitted a list of 68 persons on February 9, 2023. The said list included past employees and others who have indicated to the GMWU their desire to rescind their decision to join the Union.

On February 17, 2023, just a week after the submission of the said list, the Union under the leadership of its General Secretary, Deputy General Secretary and 34 employees of Sunon Asogli conspired, organized and participated in an unlawful and illegal industrial action by gathering at the parking lot of the Company, shouting and chanting. This conduct disturbed the peace and tranquility within the premises of the Company. To add insult to injury, when the Company queried the 34 employees who participated in the illegal and unlawful act, the Union wrote to the Company on February 28, 2023, saying the Union should be held responsible.

This is a strong indication of the Union’s arrogance, and the intimidatory and aggressive approach by which they operate. That attempt by the GMWU to take the law into its own hands is unacceptable and would not be countenanced. Unions do not manage the day-to-day administration of a company. It is important for the public to know that by the provisions of the Labour Act, section 131, and by the practice in Ghana’s industrial relations, it is forbidden for trade union officials to burst into a company without the permission or consent of the employer to conduct Union activities.

Indeed no employer would tolerate Union executives entering into a serious security zone and sensitive national infrastructure like Sunon Asogli Power plant and calling workers for a meeting without informing the company or obtaining its permission or consent.

Sunon Asogli believes in doing things in an orderly manner, and it is the respect for due process that has sustained the Company over the years. The Company currently has two unions, one which is enterprise-based with majority in terms of membership (over 60% employees) and the GMWU, with minority membership (less than 25% employees). One cannot therefore tag Sunon Asogli as anti-union.

The attempt to coerce the majority into agreeing to join GMWU through any means possible is not acceptable. The minority of staff who have agreed to join the GMWU cannot lead or decide for the majority. We shall continue to respect the choices made by staff so far as they follow due process and are in compliance with the law.

The termination of the employment contract between three former employees of the Company and the Company had nothing to do with their joining the Union. The Company believes that an employment contract is not servitude and either party to the contract may terminate the contract at any material time, in accordance with the provisions of Act 651 and the contract.

After that unlawful conduct of the Union, they decided to hide under the TUC to paint the company as an anti-union to the whole world and what is even more surprising is the conduct of the TUC. One would have expected that the TUC Secretary General, the overall boss of the trade unions in Ghana and whose affiliate is GMWU will write to the company to engage and hear the side of the company, understand the issues and therefore the role the TUC could play. They decided to follow the Union and painted the company as anti-union, but members of the public are discerning and should be able to determine whether the company is anti-union or the GMWU is an aggressive, uncompromising, intimidatory Union organization.

We are disappointed in the Trade Union Congress (TUC) as a mother body, particularly by its press release of March 27, 2023 and the subsequent speech of the Executive Secretary on May Day 2023, which were laced with threats, falsehood, and distortions, with the sole intention to injure the reputation of Sunon Asogli and to lower the Company in the estimation of right thinking members of society generally and in particular to expose the Company to hatred, contempt, ridicule, and opprobrium.

The inability of the TUC to hear from both sides before jumping to conclusion is worrying. The National Labour Commission, in our last appearance on March 15, 2023, advised the parties to stay all actions including commenting on the issue in the media, but the GMWU has hidden under the umbrella of TUC and has done just the opposite, all in the quest to intimidate Sunon Asogli.

In due time, we will invite the media to the Sunon Asogli Power Plant so they can experience first-hand how a normal day in the Company looks like.
We will continue to abide by the law and use the right procedures to achieve competitive advantage. This in our view would continue to make us reliable and efficient at all times.

We trust in the process ongoing at the National Labour Commission, and it is our hope that an amicable resolution would be found to bring finality to the issues. The Company is grateful to the Honourable Minister responsible for Employment and Labour Relations, the Honourable Minister responsible for National Security, the Honourable Deputy Minister responsible for Employment and Labour Relations and the Chief Director of the Ministry of Employment and Labour Relations for their interventions.

Ghana is a land of freedom and justice, and the bedrock of the peace we enjoy is the respect for the rule of law. All, including the GMWU, must learn to do things in accordance with the law.
Long live Sunon Asogli!
Long live the Republic of Ghana!