THE ROLE and function of the Chief Personnel Officer (CPO) is clearly defined in the law. It is the department of government charged with the responsibility for determining and/or advising on pay and other terms and conditions of service for a wide spectrum of employees within the public sector (Civil Service Act of 1965).

It does this through consultations and negotiations with the appropriate recognised associations and unions via a process commonly known as collective bargaining, whereby the terms and conditions of service of public officers are determined.

The act also makes provision for the department in its functioning to be subject to the directions of the Minister of Finance in respect of negotiations with the appropriate recognised associations and unions.

Individual public officers are thus unable to 'negotiate' with the CPO and when agreements for specified periods are derived upon between the CPO and any recognised majority unit (RMU), it is binding on all public officers covered under that RMU. These negotiations are usually intense and prolonged, owing to the distant starting positions of parties. If agreement cannot be reached, the law provides a mechanism for the matter to be referred to the Special Tribunal of the Industrial Court.

While many agreements have been arrived at between the CPO and RMUs after long, hard, intensive and protracted negotiations, there have been instances where matters have been referred to the Special Tribunal after a breakdown in negotiations and subsequent judgments handed down that are legally binding on both parties.

Most RMUs would prefer to hammer out agreements around the table of the CPO without the direct intrusion of any politician as envisioned in the Westminster doctrine of separation of powers between the legislature and the executive. While the act does make provision for the CPO to take directives from the Minister of Finance, such advice has historically been discrete and out of the public glare, opting instead for the CPO to bear the full brunt of public officers' wrath and resentment.

Unfortunately, recent developments regarding negotiations between the CPO and public sector RMUs tell a different story. The current government has seemingly broken with the tradition of carefully maintaining a calculated distance from the CPO/RMU bargaining table, opting instead to adopt a more direct and public role in the negotiation process.

Offers and counter offers for public officers have been made by politicians, with the CPO being relegated to spectator on the sidelines. This has effectively scuttled the collective bargaining process through a brazen 'take it or leave it' position. This state of affairs has unsurprisingly angered public sector RMUs since they feel it is a gross betrayal of the principle of collective bargaining.

It is a blatant attempt to disempower workers and diminish the role of trade unions. It sets a dangerous precedent for the maintenance of a good industrial relations climate and the preservation of social order. It is a