1. Formation
UPASU was formed and registered on December 29, 2006 by concerned academic and professional employees of public and private universities to champion the rights and interests of university academic and professional staff as well as other stakeholders.
2. Legal basis
This effort is backed by article 40 of the 1995 constitution which gives every worker the right to form and join a trade union of his or her choice to promote his or her economic and social interests and to engage in collective bargaining. This constitutional provision was brought into operation by the Labour Unions Act of 2006 which among others spells out the rights of workers to form unions (section 3) and prohibits employers from interfering with union formation (section 3) or victimizing anyone engaged in forming a union or engages in union activities (section 4). The Act also makes it an offence for any employer (public or private) to stifle union formation (section 5).
For government universities, the Public Service (Negotiation, Consultative and Disputes Settlement Machinery) Act – 2008 strengthened the hand of unions in government organisations by making it mandatory for all government bodies to have consultative committees with a national negotiation and consultative council at the apex to negotiate and or consult on all issues affecting employees. These committees and council are backed by a public service tribunal mandated to hear and arbitrate any disputes and make binding awards in the same manner a civil court would do. Additionally, UPASU’s activities are backed by articles 2 and 10 of f the Kampala declaration on academic freedom which stipulate as follows:
Article 2: Every African intellectual shall be entitled to the respect of all his or her civil, political, social, economic and cultural rights as stipulated in the International Bill of Rights and the African Charter on Human and Peoples Rights.
Article 10: All members of the intellectual community shall have the freedom of association, including the right to form and join trade unions. The right of association includes the right of peaceful assembly and formation of groups, clubs and national and international associations
UPASU thus provides a legally robust forum for a unified voice for all professional and academic employees at public and private universities given that the current associations split these categories of employees into two forces: the professional staff such as those in human resource management; public relations; administration; academic registrar’s office; estates department; university medical services; bursar’s office; procurement among others having a separate association in some cases and the academic staff having another of their own.
With UPSU in full operation, university employees in Uganda will reap the benefits of belonging to both the existing associations and the union in line with the governing laws.
3. Aims and Objectives
3.1. To protect, promote and defend the social and economic interests of university professional and academic staff through representation, advocacy and collective bargaining
3.2. To promote respect and observance of university professional and academic staff
3.3. To promote the professional interests of members individually and collectively,
3.4. To act as an advocate for better conditions of members’ employment and better relations between them and their employers while safeguarding their interests;
3.5. To undertake educational programmes that advance the academic and professional wellbeing of members;
3.6. To foster good industrial relations and encourage maintenance of good work practices in universities and related institutions;
3.7. To promote Adult, Further and Higher Education and research;
3.8. To provide and maintain such services to members as may be approved by The Delegates’ Conference or the National Executive Council from time to time;
3.9. To promote equality for all including through collective bargaining, publicity material and campaigning, representation and education and training;
3.10. To actively oppose all forms of harassment, prejudice and unfair discrimination whether on the grounds of sex, race, ethnic or national origin, religion, colour, class, caring responsibilities, marital status, disability, age, or other status or personal characteristic;
3.11. To affiliate as an independent organisation to other national, continental and international unions and union federations and to cooperate, where appropriate, with them or any of their affiliated unions;
3.12. To affiliate to, cooperate with, make donations to or otherwise expend money on or in support of such other trade union or labour organisations, organisations for the advancement of education or other organisations in Uganda or abroad which in the opinion of the National Executive Council or the Delegates’ Conference have the same or similar aims, objects or policies as the union;
3.13. To pursue by appropriate means approved by the National Executive Council or Delegates’ Conference lawful acts of solidarity with other trade union or labour organisations, organisations for the advancement of education or other organisations in Uganda or abroad which in the opinion of the National Executive Committee or Delegates’ Conference have the same or similar aims, objects or policies as the union.
3.14. Notwithstanding any other provision of these Rules no part of any fund of the Union, or of any local branch/local association, shall be used for, or with a view to, affiliation to any political party;
3.15. To do all such other things as may in the opinion of the National Executive Council or Delegates’ Conference be incidental or conducive to the attainment of these objects.
4. Union Jurisdiction
The union’s geographical area of operation is Uganda. The scope of membership includes all professional and academic staff in universities and affiliated and related institutions in Uganda both in the private and public sectors.
5. Membership
The following are eligible for membership of the University Professional and Academic Staff Union:
5.1. Persons in full, part-time or self employment whose work is concerned with the provision or professional support of education, training or research in the Further Education/Learning and Skills Sector or in Higher Education institutions (called qualifying employment) based in Uganda;
5.2. Persons who have been (but are no longer eligible to remain) a member under section 3.1 and who become unemployed, or retire and no longer continue in qualifying employment, provided they retain an active interest in Further Education/Learning and Skills Sector or in Higher Education;
5.3. Persons elected to honorary membership. Honorary membership may be conferred on any member who has rendered outstanding service to the University Professional and Academic Staff Union for 10 years or more at national or local level or to any person who has rendered outstanding service to Further Education/Learning and Skills Sector or Higher Education. Election to honorary membership is by the Delegates’ Conference on the recommendation of the National Executive Council;
6. Rights of Members
6.1. Members are entitled to attend and vote at meetings of their designated branch/local association or central group and stand for election to any office in the Union and vote in any election of the National Executive Council;
6.2. Members are entitled to receive on request a copy of the Constitution, Rules and such other publications of the Union as determined by the National Executive Council;
6.3. Members are provided with information and advice on educational and professional matters in accordance with procedures determined by the National Executive Council;
6.4. Assistance on professional matters may be given in accordance with procedures determined by the National Executive Committee.
6.5. Members qualifying for membership under section 3.1 and paying a subscription to the University Professional and Academic Staff Union, and honorary members, are eligible to request legal advice and assistance in accordance with the Legal Advice and Assistance Scheme provided that the matter upon which assistance is sought arose whilst the member was in membership under section 3. The provision of such legal advice and assistance are at all times at the discretion of the National Executive Council. Any advice or assistance is granted in accordance with the Legal Advice and Assistance Scheme, the regulations of which are determined and issued by the National Executive Council from time to time. The National Executive Committee has the power to delegate decisions on the granting of legal advice and assistance to appropriate bodies or individuals.
6.6. The Union is not bound to provide any assistance to any member who commits to a course of action without having obtained the Union’s prior authority; and the Union is not bound to reimburse or indemnify any member in relation to any costs or expenses (including legal costs and expenses) incurred without the Union’s prior authority.
7. Obligations of Members
7.1. All members have an obligation to abide by the Constitution and Rules of the University Professional and Academic Staff Union, and to refrain from conduct detrimental to the interests of the Union, from any breach of the Constitution, Rules, Standing Orders or directions (properly made in accordance with the Constitution) and from all forms of harassment, prejudice and unfair discrimination whether on the grounds of sex, race, ethnic or national origin, religion, colour, class, caring responsibilities, marital status, disability, age, or other status or personal characteristic.
7.2. All members have an obligation to pay the correct subscription in accordance with Statutory Instrument No. 71 of 1974, section 45 of the Labour Unions Act, 2006 and Article 7 of the UPASU constitution and to keep payments up to date. Failure to do so may result in suspension of member rights and benefits.
7.3. All members have an obligation to actively participate in the activities of the Union for the purposes of furthering any of its objectives in accordance with the Constitution.
8. Subscriptions
8.1. The subscription year shall run from 1 September to 31 August.
8.2. The subscription rate is two percent (2%) of gross salary/pay in accordance with the Labour Unions Act, 2006, The public service (negotiating, consultative and disputes settlement machinery) Act 2008 and Article 7 of the UPASU constitution. The rate of national subscription due from members may be reviewed by the National Executive Council, subject to the endorsement of the Delegates Conference to maintain consistence with the law of the time or economic conditions.
8.3. Branches/local associations may agree that members of the branch/local association shall pay a supplementary local subscription.
8.4. A person whose membership derives from the provisions of a joint membership or a reciprocal membership scheme pays subscriptions determined in accordance with agreements approved by the National Executive Council.
8.5. No subscription is due from members who become unemployed and are seeking qualifying employment, for a period of up to one year from becoming unemployed.
8.6. The National Executive Committee may issue directions that, subject to such conditions as they may determine, no subscription shall be due from members when they are undertaking parental duties on unpaid leave or on unpaid professional study or are otherwise on unpaid leave.
8.7. A member in receipt of an occupational pension arising from qualifying employment shall pay a subscription, notwithstanding any other part of this Rule.
8.8. The National Executive Committee shall determine methods of paying subscriptions (including any supplementary local subscriptions).
9. Admission to Membership
9.1. Every applicant for membership completes an application form (provided at the end of this brief for your action), which is submitted to the General Secretary with the first subscription due or commitment to pay subscription due;
9.2. Membership is deemed to have begun for the purposes of member rights and obligations on registration by the General Secretary of the application form with payment of or commitment to pay the appropriate subscription.
9.3. As proof of commencement of membership, the General Secretary issues a registered member a UPASU membership card;
9.4. The General Secretary provides regular reports of new members to branches who have the right to make representations under procedures determined by the National Executive Council in respect of the acceptance into membership of individuals.
10. Lapsing of Membership
Where any subscription payment is not received from a member for five months after its due date, then membership shall cease on the expiry of one month from notice then being sent to the member of the Union’s intention to cancel membership, unless there is settlement of all arrears prior to the expiry of such notice.
11. Resignations
11.1. Notice of intention to resign is submitted in writing to the General Secretary.
11.2. A notice of resignation takes effect at the end of the period in respect of which any subscription payment was due or paid following receipt in writing by the General Secretary, or upon such later date specified in the notice by the member.
12. Officers of the Union
12.1. The Officers of the Union (the NEC) include the Chairman, the Vice Chairman, the General Secretary, the Deputy General Secretary, the Treasurer, the Deputy Treasurer and other NEC members;
12.2. The General Secretary is the chief executive of the Union, responsible for duties specified by the Rules and Standing Orders of the Union, and duties allocated by the National Executive Committee;
12.3. The NEC is elected by the National Delegates Conference every five years;
12.4. All members are entitled to vote in the elections for Officers and be voted.
13. Organs of the Union
13.1. The National Delegates Conference composed of delegates from each branch is the supreme policy making body of the Union;
13.2. The National Executive Council is the supreme executive organ,
13.3. The Secretariat headed by the Secretary General is responsible for day to day running of the Union;
13.4. Relevant national committees and sub-committees are set up by the NEC from time to time;
13.5. Relevant district coordinating committees and sub-committees are set up by the NEC from time to time;
13.6. Branches are to be set up at every university or related and affiliated institution of higher learning in the country. Branches are governed by branch committees comprising of the branch chairperson, vice chairperson, secretary, vice secretary, treasurer and three committee members
13.7. The secretariat appoints full time staff in accordance with need.
Isaac Wanzige Magoola
Interim Geneneral Secretary (UPASU)
