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.

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)."

MASS MEETING!!!

Let yourself be heard, let your money (membership fee) work for you. Attend the below mentioned meeting and add your views. The time has arrived for action; The time for fear is no more. Remember if we surrender, we surrender our values but not just our values but also the values of our comrades who fought & died for this country for us to deserve to be respected, get decent salaries, good working condition without intimidation or victimization.








NOTICE OF CWU MEETING


This is to serve as notice to all the members of the CWU at Vodacom campuses around Gauteng about a meeting that will be held


DATE: 08 MARCH 2007
VENUE:SAINT MONICAS CHURCH
TIME: 17:30

DIRECTIONS:

From Vodacom drive toward Lever Rd,Turn Left, cross New Road set of robots(Sanridge Mall), pass 2nd robots (Carlswald Mall),3rd robots turn Right. Pass a complex on the left, Pass a short street turning left. The church will also be on the left.





AGENDA

CWUvs Vodacom – CCMA
Strike Certificate
Strike Committee
Actions against Vodacom plus dates
Members Concerns

HOW UNIONS ARE HAMSTRUNG IN THE PR ARENA

I received what I suppose was intended as a slap over the wrist this week. From Vodacom.It was because of the column written last week about the dispute between the company and a group of unionised workers wearing Communications Workers’ Union (CWU) T-shirts. The company response noted with “concern” that I had not first obtained the view of the Vodacom’s “chief communications officer,” Dot Field before writing.This reveals a misunderstanding about what this column is about. And the manner in which the message was issued underlined just why such a column should exist in the way it does, as a reflection of the views, perceptions and attitudes of and within the labour movement.Because, although the message was signed by Dot Field, it was issued by Mari-Louise Esterhuizen of Magna Carta, the public relations wing of the major advertising agency TBWA\ Hunt\Lascaris. In bold red capital letters it also informed me that “MAGNA CARTA MAY NOT BE QUOTED ON BEHALF OF VODACOM”.I have obeyed this injunction, but feel it is necessary to point out the connection with Magna Carta because it highlights the disproportionate balance of resources and public relations expertise that exists between employers and unions. This has long been a source of resentment within the labour movement.It is not just a national, regional or continental reality, it applies internationally. The labour movement maintains, with apparent justification, that at least part of the reason is that most mainstream media outlets are owned or controlled by individuals or groups that share the interests of, or are beholden to, the corporate world.As a result of this imbalance of resources and access, employers all too often win the media battle in terms of getting across their viewpoints to the general public. This, in turn, causes widespread anger about the media among rank and file trade unionists, with journalists frequently in the firing line.But there are a few spaces within the mainstream media for the voice of labour. With few exceptions, on a weekly basis, 48 times a year for the past ten years, this has been one — and remains so.This column reflects labour. It is not a dispassionate analysis of industrial relations; in it I accept that employers and employees have conflicting interests; that it is in the interests of the former is to maximise profits; the latter to improve wages and conditions which have a negative impact on profits. Here are to be found some of the varied viewpoints of unionists and unions.They exist within our liberal parliamentary democracy, where the exploitative nature of capital is ameliorated by the existence of independent trade unions and by the labour laws they, as collectives of voters, are able to to influence.But while the trade union movement is numerically by far the largest formation in society its financial resources and public relations expertise are puny compared with those that especially large companies and employer organisations can muster.Corporate public relations are constantly in play in often sophisticated and — as many unionists see it — underhand ways to win journalist friends and influence media people and output.Several unionists remarked this week that Vodacom’s response to me was clear evidence of this. It was summed up by Mfanafuthi Sithebe, spokesperson of the CWU: “In the media battle, it’s like a boxing match where the union fighter has his hands tied behind his back.”However, the union fighter is the numerical heavyweight. In South Africa, the three main trade union federations alone have a combined membership of more than 2 million workers. And that weight has swung behind the CWU.Says Cosatu spokesperson Patrick Craven: “On Wednesday this week the Cosatu central executive committee resolved ot give full support to the CWU.” After examining the reports regarding Vodacom and the CWU, the federation resolved that the employer had displayed both “arrogance and ruthlessness” in its dealings with the union.Cosatu’s statement ended with the traditional “Viva! CWU, viva!” salutation, which was echoed by National Council of Unions (Nactu) national organiser, Chaka Leepo, although the CWU is a Cosatu affiliate.Says Leepo: “Employers have to realise that workers have the right of freedom of association — the right to organise — and that no employer has an absolute right to dictate to workers what they should wear.”Federation of Unions (Fedusa) general secretary Dennis George, concurs. : “Many employers do not have regard for our constitution and our rights; in the pubic relations field they often have millions of rands they can throw at issues.”As the unions see it, this is a clear case of an injury to one being an injury to all. And the CWU has pointed this out in an open letter to Winnie Madikizela-Mandela who recently staged her 70th birthday celebration at a Vodacom venue in Sandton.“We are now asking for everyone who supports the democratic rights of workers to take a stand on principle,” says Sithebe.