Hi All,
Please click on the link below to view the strike certificate as issued by the CCMA making our planned industrial action both protected and lawful.
Strike Certificate.pdf
Tuesday, March 6, 2007
CWU MEMBERS TO SHOW UNITY AND STRENGTH
Attention all CWU members!
The time for us to act has come. We need to start showing the Company ourstrengths in numbers.To achieve this we have decided to start an awareness campaign.
As you are all well aware, we are not allowed to wear our CWU t-shirts at work. Although this is an unlawful instruction, we will nevertheless obey it, as we do not want to jeopardize any of the members jobs.
We, the Interim Vodacom Negotiating Committee (IVNC), have decided to ask all members to please wear white T-shirts on Friday, 9 March 2007. You will be issued with a red and yellow ribbon which will be attached to yourleft shoulder.
We will send out more communiqué before Friday.
Comradely regards,
The Interim Vodacom Negotiating Committee
The time for us to act has come. We need to start showing the Company ourstrengths in numbers.To achieve this we have decided to start an awareness campaign.
As you are all well aware, we are not allowed to wear our CWU t-shirts at work. Although this is an unlawful instruction, we will nevertheless obey it, as we do not want to jeopardize any of the members jobs.
We, the Interim Vodacom Negotiating Committee (IVNC), have decided to ask all members to please wear white T-shirts on Friday, 9 March 2007. You will be issued with a red and yellow ribbon which will be attached to yourleft shoulder.
We will send out more communiqué before Friday.
Comradely regards,
The Interim Vodacom Negotiating Committee
WORK TO RULE
Work to rule action is an effective form of industrial action,particularly where employees work on their own initiatives or generallyperform tasks or take actions outside of work rules or not specificallydefined in their job descriptions or skills categories. it entailsperforming only those functions strictly required or permitted in terms oftheir employment contracts and job limitations
STAYAWAYS
Stayaways are generally a response to socio political or socio economicissues including the demonstration of solidarity with a political cause ordrawing public attention to a political event or grievance. stayaways donot constitute a strike as defined in the LRA since such action is notbeing used by employees to pressurise the employee to agree to workrelated issues.The LRA allows registered trade unions or federations of trade unions toserve a notice of their intention to participate in protest action topromote or defend the socio economic interests of workers. 7 days noticemust be given of the unions intention to exercise this right.becos of the likelihood of intimidation of workers in the townships toparticipate in stayaways, it is essential for management and unions tohandle the situation with sensitivity. rules to cater for stayaways shouldbe negotiated with employees in advance. the generally accepted approachon the part of management is one of "no work, no pay"members participating in a stayaway do not committ a delict or breach ofcontract by their actions and an employer may not dismiss an employee forparticipating in a protected stayaway unless for a reason based on theoperational requirements of the employer, and after a clear ultimatum hasbeen given
DEDUCTIONS OF TRADE UNION SUBS
13. Deduction of trade union subscriptions or levies(1) Any employee who is a member of a representative trade union mayauthorise the employer in writing to deduct subscriptions or leviespayable to that trade union from the employee's wages.(2) An employer who receives an authorisation in terms of subsection (1)must begin making the authorised deduction as soon as possible and mustremit the amount deducted to the representative trade union by not laterthan the 15th day of the month first following the date each deduction wasmade.(3) An employee may revoke an authorisation given in terms of subsection(1) by giving the employer and the representative trade union one month'swritten notice or, if the employee works in the public service, threemonths' written notice.(4) An employer who receives a notice in terms of subsection (3) mustcontinue to make the authorised deduction until the notice period hasexpired and then must stop making the deduction.(5) With each monthly remittance, the employer must give therepresentative trade union-(a) a list of the names of every member from whose wages the employer hasmade the deductions that are included in the remittance;(b) details of the amounts deducted and remitted and the period to whichthe deductions relate; and(c) a copy of every notice of revocation in terms of subsection (3).
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.
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.
WORKER RIGHTS AS PER THE COUNTRY'S CONSTITUTION
2. Section 27, which is in the Chapter on Fundamental Rights in the Constitution entrenches the following rights:
"(1) Every person shall have the right to fair labour practices.
(2) Workers shall have the right to form and join trade unions, and employers shall have the right to form and join employers' organisations.
(3) Workers and employers shall have the right to organise and bargain collectively.
(4) Workers shall have the right to strike for the purpose of collective bargaining.
(5) Employers' recourse to the lockout for the purpose of collective bargaining shall not be impaired, subject to subsection 33(l)."
"(1) Every person shall have the right to fair labour practices.
(2) Workers shall have the right to form and join trade unions, and employers shall have the right to form and join employers' organisations.
(3) Workers and employers shall have the right to organise and bargain collectively.
(4) Workers shall have the right to strike for the purpose of collective bargaining.
(5) Employers' recourse to the lockout for the purpose of collective bargaining shall not be impaired, subject to subsection 33(l)."
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