STRIKES AND LOCK OUTS - DEFINITIONS AS PER THE LRA

STRIKES AND LOCK OUTS64. Right to strike and recourse to lock out (1)
Every employee has the right to strike and every employer has recourse to lockout if- (a) the issue in dispute has been referred to a council or to the Commission asrequired by this Act, and- (i) a certificate stating that the dispute remains unresolved has been issued; or (ii) a period of 30 days, or any extension of that period agreed to between theparties to the dispute, has elapsed since the referral was received by the councilor the Commission; and after that- (b) in the case of a proposed strike, at least 48 hours' notice of the commencementof the strike, in writing, has been given to the employer, unless- (i) the issue in dispute relates to a collective agreement to be concluded in acouncil, in which case, notice must have been given to that council; or (ii) the employer is a member of an employers' organisation that is a party to thedispute, in which case, notice must have been given to that employers' organisation;or (c) in the case of a proposed lock-out, at least 48 hours' notice of thecommencement of the lock-out, in writing, has been given to any trade union that isa party to the dispute, or, if there is no such trade union, to the employees,unless the issue in dispute relates to a collective agreement to be concluded in acouncil, in which case, notice must have been given to that council; or (d) the case of a proposed strike or lock-out where the State is the employer, atleast seven days' notice of the commencement of the strike or lock-out has beengiven to the parties contemplated in paragraphs (b) and (c). (2) If the issue in dispute concerns a refusal to bargain, an advisory award musthave been made in terms of section 135(3)(c) before notice is given in terms ofsubsection (1)(b) or (c). A refusal to bargain includes- (a) a refusal- (i) to recognise a trade union as a collective bargaining agent; or (ii) to agree to establish a bargaining council; (b) a withdrawal of recognition of a collective bargaining agent; (c) a resignation of a party from a bargaining council; (d) a dispute about- (i) appropriate bargaining units; (ii) appropriate bargaining levels; or (iii) bargaining subjects. (3) The requirements of subsection (1) do not apply to a strike or a lock-out if- (a) the parties to the dispute are members of a council, and the dispute has beendealt with by that council in accordance with its constitution; (b) the strike or lock-out conforms with the procedures in a collective agreement; (c) the employees strike in response to a lock-out by their employer that does notcomply with the provisions of this Chapter; (d) the employer locks out its employees in response to their taking part in astrike that does not conform with the provisions of this Chapter; or (e) the employer fails to comply with the requirements of subsections (4) and (5). (4) Any employee who or any trade union that refers a dispute about a unilateralchange to terms and conditions of employment to a council or the Commission in termsof subsection (1)(a) may, in the referral, and for the period referred to insubsection (1)(a)- (a) require the employer not to implement unilaterally the change to terms andconditions of employment; or (b) if the employer has already implemented the change unilaterally, require theemployer to restore the terms and conditions of employment that applied before thechange. (5) The employer must comply with a requirement in terms of subsection (4) within48 hours of service of the referral on the employer.