MEMORANDUM OF UNDERSTANDING

MADE BETWEEN

THE GOVERNMENT OF BAYELSA STATE

(AS REPRESENTED BY THE HON. COMMISSIONER FOR EDUCATION, BAYELSA STATE)

AND

THE ACADEMIC STAFF UNION OF UNIVERSITIES (ASUU), NIGER DELTA UNIVERSITY (NDU) CHAPTER

(AS REPRESENTED BY THE CHAIRMAN, ASUU, NDU CHAPTER)

MEMORANDUM OF UNDERSTANDING

THIS MEMORANDUM OF UNDERSTANDING is made the………..day of…………………..2016



BETWEEN

THE GOVERNMENT OF BAYELSA STATE, as represented by the Honourable Commissioner for Education of Bayelsa State, Honourable Deacon Markson Fefegha (hereinafter called “the Government”) of the one part,

AND

THE ACADEMIC STAFF UNION OF UNIVERSITIES, NIGER DELTA UNIVERSITY CHAPTER, as represented by its Chairman, Dr Stanley Ogoun (hereinafter called “ASUU – NDU”) of the other part.

WHEREAS:

The Government has for a long time failed to fulfil its funding obligations to the Niger Delta University (hereafter called “the University”) particularly as it concerns payment of staff salaries, promotion/step increment differentials and infrastructure development.

In particular, the Government has failed to pay staff salaries for the months of February, March, Apr7il, May, June, July and August 2016.

By reason of the above, ASUU-NDU embarked on a sit-at-home industrial action which continues to this day.

In the interest of peace and the welfare of the students of the University, and in furtherance of the desire of the parties to amicably settle the several issues raised by ASUU-NDU, the Governor of Bayelsa State, His Excellency, Hon. Henry Seriake Dickson, acting for the Government of Bayelsa State on the one hand, and Representatives of ASUU-NDU acting for the entire membership of ASUU-NDU on the other hand, held series of meetings and resolved to amicably settle the issues raised by ASUU-NDU upon the terms and conditions embodied in this Memorandum of Understanding.



NOW THERFORE, THE PARTIES TO THIS MEMORANDUM OF UNDERSTANDING AGREE AS FOLLOWS:



OBLIGATIONS OF GOVERNMENT;

PAYMENT OF SALARIES FOR FEBRUARY AND MARCH 2016

The Government shall pay staff salaries for the months of February and March 2016 by the 31st day of August 2016.



PAYMENT OF SALARIES FOR APRIL 2016

The Government shall pay staff salaries for the month of April 2016 by the 30th day of September 2016.



FURTHER AND REGULAR PAYMENT OF SALARIES

The Government shall from the month of October 2016 pay monthly staff salaries on a regular basis.



PAYMENT OF PROMOTION/STEP INCREMENT DIFFERENTIAL

The Government shall from the month of October 2016 take account of promotion/step increment differential of staff and include same in the salaries of affected staff.



PAYMENT OF ARREARS OF SALARIES, AND ARREARS OF PROMOTION/STEP INCREMENT DIFFERENTIAL

The Government shall by the 30th day of September 2016 submit in writing to ASUU-NDU a reasonable proposal for the payment of all arrears of staff salaries, arrears of promotion/step increment differentials and arrears of salaries of all Graduate Assistants (GAs) employed since 2013, within the shortest time possible.



FUNDING AND DEVELOPMENT OF THE UNIVERSITY

The Government undertakes to fulfil its funding obligations to the University; accordingly, the Government shall –

Within 30 days from the signing of this Memorandum of Understanding inaugurate an ad hoc Committee made up of representatives of the Government, ASUU-NDU, the Senate and the Governing Council of the University, and the Committee so inaugurated shall be charged with responsibility for producing a Short, Medium and Long Term Development Plan for the University within 60 days of the Committee’s inauguration;

Within a reasonable time from the date of submission of the Short, Medium and Long Term Development Plan for the University, adopt same as its Policy Paper for the development of the University;

Ensure that specific and reasonable budgetary provisions are included in the 2017 Appropriation Law to be passed by the House of Assembly of Bayelsa State, and in subsequent Appropriation Laws, for executing the capital and recurrent projects contained in the Short, Medium and Long Term Development Plan for the University;

Ensure that adequate financial provisions are made to enable the University employ the best graduating students of the University as full-time Graduate Assistants;

Provide grants to the University to enable the University establish and sustain a Staff Development Scheme for the purpose of building up the capacity of staff to the highest international standards.



OBLIGATIONS OF ASUU-NDU

Upon the Government fulfilling its obligation contained in Clause 1 above, ASUU-NDU shall immediately suspend its sit-at-home industrial action and every member of ASUU-NDU shall immediately resume work.

Upon the Government fulfilling its obligation contained in Clause 6(b) above, ASUU-NDU shall fully call off its sit-at-home industrial action.



MISCILANEUOUS PROVISIONS

The parties to this Memorandum of Understanding or their authorised representatives shall meet periodically and carry out joint assessment of the implementation of all or any of the provisions contained in the Memorandum of Understanding.

Where any of the parties to this Memorandum of Understanding is dissatisfied with the implementation of any of the provisions of the Memorandum of Understanding, the party dissatisfied shall notify the other party in writing, setting out in detail the points of objection and requesting a meeting for the purpose of amicably settling any disagreement that may arise between the parties.

The parties to this Memorandum of Understanding mutually undertake to endeavour to amicably resolve any dispute arising from this Memorandum of Understanding by means of negotiation, conciliation or mediation at the first instance.

Except by mutual agreement in writing between the parties, no provision of this Memorandum of Understanding shall be altered.

The Government undertakes to ensure that no member of ASUU-NDU shall be queried, reprimanded, punished or made to suffer any disadvantage whether by the Government or the University authorities on account of anything done in connection with the sit-at-home industrial action of ASUU-NDU.

IN WITNESS WHEREOF the parties to this Memorandum of Understanding have hereunto set their hands the day and year first above written.



SIGNED ON BEHALF OF THE GOVERNMENT

………………………………………….

Honourable Deacon Markson Fefegha

(Hon. Commissioner for Education)



IN THE PRESENCE OF:

NAME: ………………………………………

ADDRESS: …………………………………..

OCCUPATION: ……………………………..

SIGNATURE: ……………………………….

SIGNED ON BEHALF OF ASUU-NDU

……………………

Dr Stanley Ogoun

(Chairman, ASUU-NDU)



IN THE PRESENCE OF:

NAME: …………………………………………

ADDRESS: ……………………………………

OCCUPATION: ……………………………….

SIGNATURE: …………………………………

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