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.

CWU STRIKE CERTIFICATE

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

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