Utech Union bullies - Labour gone too far in trying to boot Morrison

Orville Taylor, Contributor

Professor Errol Morrison is in the battle of his life to complete his contract as president at the University of Technology (UTech). Having taken on the mantle in 2007, Morrison went with a stellar career in academics, peaking in one of the top three positions at the more recognised University of the West Indies (UWI).

As an outsider, his status and achievements seem impressive to me. The profile of academics from UTech appears to have improved, there is greater presence of its lecturers in collaborative research, conference presentations and scholarship are increasing, and several are now pursuing doctoral studies.

Last year, relations came to a boil between the academic staff of the university and Morrison. Things escalated and allegations about poor governance, stewardship and staff relations, along with mistrust of him, led to a four-man panel being assembled to evaluate operations. Some of its findings pointed to gaps in accountability and other imperfections. In his defence, some refutations and justification of the president's conduct were proffered. Added to that, Morrison noted that the profile of UTech had grown, with greater emphasis on academics having terminal degrees, given that a mere one-third have PhDs, and research and innovation are now part of the landscape.

UTech is reported to have had an accumulated surplus of $1.4 billion since 2007, even as Government gives its students about half of what their counterparts at teachers' colleges get. For me, the Government must be grateful that UTech found use for the white elephant in Trelawny, which, at best, was evidence of its lack of vision and the insensitivity of foreign benefactors to our domestic needs.

Seven-day ultimatum

Nonetheless, the council suggested dialogue and time to reflect on how the leadership of the university and the unions can chart a way forward. With great stridency, convinced that the differences are irreconcilable, the unions went for his jugular and seem bent on nothing short of his and his deputy president's removal. Giving the minister of education, Ronnie Thwaites, a seven-day ultimatum, they apparently think he is 'week'. In this endgame, if Morrison and his deputy are not removed, the council, the ultimate level of management, must be dissolved for being incompetent. Still, Thwaites rightly refuses to be cajoled and urges patience. Interestingly, it is reported that the union is seeking to have some 40 other workers dismissed.

The stance
of the unions is strange, because academic excellence is what UTech
should strive for. Furthermore, unions, as far as my knowledge of
industrial relations goes, are organisations whose principal interest is
the protection of the rights of workers. It might be an inconvenient
fact, but the embarrassing truth is that Morrison, for all his stance as
chief administrator, and representative of management, is a worker just
like all of the unionists who are assembled against him and trying to
effect a bloodless coup.

For his part, Morrison, at 68, has
sucked in his gut and made major administrative and portfolio changes,
converting the office of deputy president to provost, perhaps leaving
his co-embattled buddy out in the cold. He shifted portfolios and
responsibilities, brought in a human resources expert as well as a
management consultancy firm, then gave a capitulatory apology of sorts
for the suggestions that the academic staff are unqualified and
undervalued.

Right to manage

In
industrial relations and labour law, there is a recognised right of
management to manage. Employers have a right to make decisions they feel
are best for the organisation, and this includes the hiring and firing
of any person. Unions have no legal say in the employment of employees,
except in countries where there are union shops and closed shops. In
those cases, a worker has to either be a member of the union prior to
being employed, or become one after being engaged. Given our
constitutional right of freedom of association, such a provision would
be unlawful and unethical. In any event, the union could only dictate
hiring practices for workers within the categories that it has
bargaining rights for; not managerial
groups.

Nonetheless, statutes and collective
bargaining allow workers to have disputes over how employers exercise
their rights. Thus, our Labour Relations and Industrial Disputes Act
recognises that an industrial dispute can arise from "... engagement or
non-engagement, or termination or suspension of employment, of one or
more workers ...". Furthermore, it can be over "any matter affecting the
privileges, rights and duties of any employer or ... worker or
organisation representing workers".

However, having
the freedom to ask for the removal of a worker is not the same as having
the right or power to have him removed. Explained another way, a child
has the right to ask his parents to not invite his teacher to dinner.
However, he doesn't pay the bills and it is not his house. Thus, all he
can do is ask, and if the answer is "no!" then his only recourse is to
plant his butt on his chair and suck out salt from his mother's wooden
spoon.

Haste discomforting

Yet,
there is something discomforting about the indecent haste that the
unions are seeking to excise Prezi, as if he were another with the same
title, removed despite the guardian of justice declaring that the proper
legal procedure and requirements were unmet.

When
workers are to be terminated, the rules of natural justice must be
applied. The accused must be made fully aware of all accusations, given
ample opportunity to respond and defend himself, and appeal to a level
of adjudication not previously involved.

Inasmuch as I
may have misgivings about the composition of the council itself and the
competence, scrutiny and accountability of its members, the unions are
wrong and are trying to bully the course of justice. Blinding speed
might be good for its UTech/MVP sprinters, but a bugbear to
justice.

A more conciliatory Morrison now urges "all
parties to assist in rebuilding and enhancing the hard-earned brand of
the university". Well said! UTech care of the university, focus, and
stop seeing it through CAST eyes.

Dr Orville Taylor
is senior lecturer in sociology at the UWI and a radio talk-show host.
Email feedback to columns@gleanerjm.com and
tayloronblackline@hotmail.com.