PRESS RELEASE - VODACOM STRIKE

Press release:
March 8, 2007

Press Statement
Vodacom industrial action and other related matters
the non resolved CCMA dispute mainly on the recognition of the union, CWU, and the organisational rights
the shifting of goal post by Vodacom management forced the union to seek for the intervention of the CCMA

the certificate of protected industrial action
this certificate confirms the non willingness of the Vodacom management to recognise workers union

massive recruitment (in line with the COSATU 2015 plan) and consultation with external stakeholders

the horrible conditions at Vodacom have failed to stop the unionisation of the workforce – workers have been joining in numbers
CWU will continue to recruit members in the mobile subsector in line with the COSATU 2015 plan

disciplinary hearings, dual deductions and cancellation of union membership
members of the interim committee that constituted the union delegation to the CCMA hearing have been summoned to disciplinary hearings
former MWASA members who have migrated to Communication Workers Union have been victimised through dual deductions, although the CWU forms states the intentions(s) and the wishes the of the employee
illegal termination of membership, particularly CWU membership, has been the order of the day

unlawful lock-outs
the unlawful ill-treatment of CWU members who were coming from the team building exercise and members of the interim committee by the intransigent and myopic management confirms the violation of civil liberties at Vodacom

management encouraged leave of absence
management is encouraging members of the interim committee to apply for leave of absence during the planned industrial action

48 hour notice – dated the 7th March
The union has formally notified Vodacom about the planned industrial action
Notification addressed to the Executive Human Resource (Lungi Ndlovu) and Industrial Relations Manager (Ursula Nunes)
The planned industrial action will unfold in the following manner


As from March 12, 2007 our members will embark in the following actions in support of the granting of organisational rights;

Phase 1 (one)
· March 12 and 13, 2007 – Picketing in the morning and during lunch hour
· March 14, 2007 – March on Vodacom Headquarters, pickets in other facilities
· March 15 to 20 – Work to rule.

Should there be no settlement of the dispute by the March 20th , 2007, workers will embark on phase 2 (two) of the national industrial action which will include go-slows, selective work, further picketing and downing of tools. The details of the phase 2 (two) will be communicated to all media houses in due course. Our organisation is also contemplating an application in terms of section 69 of the LRA, but we are optimistic that this action may not be necessary. The notice to embark on a national strike does not close the possibility for the parties to meet and resolve amicably before, during or after the planned industrial action.

Vodacom BEE
the Vodafone empowerment shares
the role of workers
and the role of unions at Vodacom
Vodacom management has made it a point that unions and workers are not given an opportunity to input on the planned BEE deals. We strongly believe that the formation (and the funding by the management) of the Consultative Committee is one of the anti union tactics applied by Vodacom management


ICT BEE Charter
BEE charter process and facilitation by NEDLAC
compliance by other sectors
ICT BEE charter and alignment with dti BEE codes
The legal framework stipulates that the BEE Charter process should be facilitated by NEDLAC. CWU finds it difficult to participate in any process outside NEDLAC. We therefore call upon NEDLAC to ensure that the alignment ICT BEE Charter with the dti codes is properly managed.
End

Questions and answers about the strike
Click HERE to post a questionYou can also refer to the Labour Department's Basic Guide to Strikes, Lockouts and Picketing by clicking hereMany relevant sections of the laws and comments on strikes are posted on our sister websiteClick on the image below to download a copy of CWU's strike certificate:
Posted by Balam at 02:26

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.

STRIKE OR LOCK-OUT IN COMPLIANCE WITH LRA

(1) In this Chapter, "protected strike" means a strike that complies withthe provisions of this Chapter and "protected lock-out" means a lock-outthat complies with the provisions of this Chapter.(2) A person does not commit a defect or a breach of contract by takingpart in-(a) a protected strike or a protected lock-out; or(b) any conduct in contemplation or in furtherance of a protected strikeor a protected lock-out.(3) Despite subsection (2), an employer is not obliged to remunerate anemployee for services that the employee does not render during a protectedstrike or a protected lock-out, however-(a) if the employee's remuneration includes payment in kind in respect ofaccommodation, the provision of food and other basic amenities of life,the employer, at the request of the employee, must not discontinue paymentin kind during the strike or lock-out; and(b) after the end of the strike or lock-out, the employer may recover themonetary value of the payment in kind made at the request of the employeeduring the strike or lock-out from the employee by way of civilproceedings instituted in the Labour Court.(4) An employer may not dismiss an employee for participating in aprotected strike or for any conduct in contemplation or in furtherance ofa protected strike.(5) Subsection (4) does not preclude an employer from fairly dismissingan employee in accordance with the provisions of Chapter VIII for a reasonrelated to the employee's conduct during the strike, or for a reason basedon the employer's operational requirements.(6) Civil legal proceedings may not be instituted against any person for-(a) participating in a protected strike or a protected lock-out; or (b) any conduct in contemplation or in furtherance of a protected strike or aprotected lock-out.(7) The failure by a registered trade union or a registered employers'organisation to comply with a provision in its constitution requiring itto conduct a ballot of those of its members in respect of whom it intendsto call a strike or lock-out may not give rise to, or constitute a groundfor, any litigation that will affect the legality of, and the protectionconferred by this section on, the strike or lock-out.(8) The provisions of subsections (2) and (6) do not apply to any act incontemplation or in furtherance of a strike or a lock-out, if that act isan offence.(9) Any act in contemplation or in furtherance of a protected strike or aprotected lock-out that is a contravention of the Basic Conditions ofEmployment Act or the Wage Act does not constitute an offence.

DEFINITION OF "STRIKE"

"strike" means the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have beenemployed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matterof mutual interest between employer and employee, and every reference to"work" in this definition includes overtime work, whether it is voluntary or compulsory;

PROTECTED STRIKES

In order for a strike to be protected, the strike must take place afterall dispute settlement procedures detailed in the LRA or in any bargainingcouncil or recognition/collective agreement which may exist bet theparties have been exhausted. Shd any member fail to follow the relevantdispute settlement procedure the strike will not be protected and theemployer can seek certain remedies through the act. these remedies includethe employer applying to the labour court for an interdict in order torestrain the union and its members, and applying to the labour court toaward the payment of just and equitable compensation in respect of thestrike. should the members not follow the required procedures inexercising their right to strike, this may constitute a fair reason for dismissal.

GO SLOWS AS AN ALTERNATIVE FORM OF INDUSTRIAL ACTION

Go slows are a method of bringing demands to the attention of management bydisrupting production without bringing the operation to a halt. go slowshave oftenbeen unprocedural in the past (unprotected, in terms of the current LRAdefinition.employees taking part in a go slow, feel less vulnerable to managementaction thanif they embark on a full unprotected or even protected strike. go slowsare oftenvery difficult to prove conclusively. as a result go slows sometimes occurwhilst adispute is being dealt with to add pressure to the negotiations.there are a number of advantages of this type of action from the employeespoint ofview. firstly, as they are still at work, it is very difficult formanagement totake control of the production process. (ie use non-strikers to maintainproduction). 2ndly, they do not lose pay, unless they are paid accordingto output.