Wednesday, March 7, 2007

PICKETING AS PER THE LRA

Picketing 16(1) A registered trade union may authorise a picket by its members andsupporters for the purposes of peacefully demonstrating-(a) in support of any protected strike; or(b) in opposition to any lockout.(2) Despite any law regulating the right of assembly, a picket authorisedterms of I subsection (1), may be held-(a) in any place to which the public has access but outside the premisesof an employer; or(b) with the permission of the employer, inside the employer's premises. (3) The permission referred to in subsection (2)(b) may not beunreasonably withheld.(4) If requested to do so by the registered trade union or the employer,the Commission must attempt to secure an agreement between the parties tothe dispute on rules that should apply to any picket in relation to thatstrike or lock-out.(5) If there is no agreement, the Commission must establish picketingrules, and in doing so must take account of-(a) the particular circumstances of the workplace or other premises whereit is intended that the right to picket is to be exercised; and(b) any relevant code of good practice.(6) The rules established by the Commission may provide for picketing byemployees on their employer's premises if the Commission is satisfied thatthe employer's permission has been unreasonably withheld.(7) The provisions of section 67, read with the changes required by thecontext, apply to the call for, organisation of, or participation in apicket that complies I with the provisions of this section.(8) Any party to a dispute about any of the following issues may referthe dispute in writing to the Commission-(a) an allegation that the effective use of the right to picket is beingundermined;(b) an alleged material contravention of subsection (1) or (2);(c) an alleged material breach of an agreement concluded in terms ofsubsection (4); or(d) an alleged material breach of a rule established in terms ofsubsection (5).(9) The party who refers the dispute to the Commission must satisfy itthat a copy of the referral has been served on all the other parties tothe dispute.(10) The Commission must attempt to resolve the dispute throughconciliation.(11) If the dispute remains unresolved, any party to the dispute mayrefer it to the Labour Court for adjudication.

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