Cape Argus

Stopping picketing from becoming destructiv­e

Amendment of legislatio­n seeks to avoid repeat of Marikana

- Michael Bagraim MICHAEL BAGRAIM MP and Shadow Minister of Labour

EARLY next year the Department of Labour will be amending the Labour Relations Act to provide for picketing by collective agreement or by determinat­ion by the CCMA in terms of picketing regulation­s. Furthermor­e, the legislativ­e bill, which will be passed early in 2018, says that no picket in support of a protected strike or opposition to a lockout may take place, unless picketing rules are agreed to in a collective agreement or in a separate agreement.

Over and above this, businesses who are in a designated essential service must have a minimum number of employees who may not strike to ensure that the life, personal safety or health of whole or part of the population, is not endangered.

The CCMA may appoint an advisory arbitratio­n panel in the public interest. The commission must facilitate a resolution of a dispute at any time after the commission­er has issued a certificat­e of an unresolved dispute or a notice of commenceme­nt of a strike or lockout.

The panel of the commission may only facilitate a resolution of the dispute if directed to do so by the minister of labour, or on applicatio­n by a party to the dispute, or if ordered to do so by the Labour Court.

Likewise, the parties can agree to refer the dispute for facilitati­on ifa strike or a lockout is no longer functional to collective bargaining in that it has continued for a protracted period of time and no resolution of the dispute appears to be imminent, or if there is an imminent threat that constituti­onal rights may be or are being violated by persons participat­ing in or supporting the strike or lockout through the threat or use of violence or the threat of/or damage to property.

Furthermor­e, if the strike or lockout causes, or has the imminent potential to cause an acute national or local crisis affecting the conditions of a normal social and economic functionin­g of the community or society.

This means that the bill will allow for the government to intervene in the case of a strike that has become destructiv­e and no longer functional.

The strikes seen on the platinum belt, which became violent and destructiv­e, will no longer be allowed to occur.

The disaster seen at Marikana during the platinum strike would be avoided in the future. The Department of Labour will receive assessors in order to assess whether the strike is destructiv­e and or non-functional.

The employer list of assessors will be determined by organised business, while the trade union list will be determined by organised labour.

The National Economic Developmen­t and Labour Advisory Council will oversee these lists.

Should either the employers or employees fail to provide a list of assessors, the director will appoint a person with the requisite expertise to represent the interests of that party and the proceeding­s.

The chairperso­n of the panel of assessors, after consultati­on with the assessors, may conduct an arbitratio­n in order to make an advisory award fairly and quickly, but it must deal with the substantia­l merits of the dispute, with the minimum of legal formalitie­s.

The panel must conduct its proceeding­s and issue an award within seven days of the arbitratio­n hearing or any reasonable period extended by the director, as the case may be taking into account the urgency of a resolution of the dispute arising from the circumstan­ces.

The appointmen­t of this panel does not at that stage interrupt or suspend the right to strike. However, the advisory arbitratio­n award can make a report on the factual findings and recommenda­tions for the resolution of the dispute.

The chairperso­n must serve the advisory award on the parties to the dispute, to allow them to consider the award and consult and take measures as may be necessary, to ensure that the award is not made publicly available before the minister has published the award.

It is perfectly understood that our constituti­on gives all employees the right to go on a protected strike, if the proper procedures are followed. However, if the strikes become destructiv­e to both the employees and the employers and to the state, then the Labour Ministry will have the right in terms of the proposed legislatio­n to ensure that these rights are kept intact and that the strike is brought to a timely end.

 ?? PICTURE: HENK KRUGER/AFRICAN NEWS AGENCY/ANA ?? PROTESTING: Workers affiliated to Numsa march down Neptune Street in Paarden Eiland.
PICTURE: HENK KRUGER/AFRICAN NEWS AGENCY/ANA PROTESTING: Workers affiliated to Numsa march down Neptune Street in Paarden Eiland.
 ?? PICTURE: BONGANI SHILUBANE/AFRICAN NEWS AGENCY/ANA ?? DISSENT: Workers at the Passenger Rail Agency of South Africa march to Prasa’s offices in Pretoria in protest against outsourcin­g.
PICTURE: BONGANI SHILUBANE/AFRICAN NEWS AGENCY/ANA DISSENT: Workers at the Passenger Rail Agency of South Africa march to Prasa’s offices in Pretoria in protest against outsourcin­g.

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