Bargaining council warns municipalities of minority trade unions

MUNICIPALITIES across the country have been warned not to enter into recognition agreements with two “unrecognised minority” trade unions organising in local government as they do not have enough members.

The Democratic Municipal and Allied Workers’ Union of SA (Demawusa) and the Municipal and Allied Trade Union of SA (Matusa) are accused by the SA Local Government Bargaining Council (SALGBC) of trying to by-pass and violate its constitution, which bars them from enjoying bargaining rights as they have not yet fulfilled the required national threshold.

Both unions are using the Constitutional Court judgment delivered in August that found that the acquisition of the right to represent members at grievance and disciplinary proceedings may not depend on meeting a threshold of representativeness.

The SALGBC warned municipalities that Demawusa and Matusa needed 15% of the total number of municipal workers under its scope to be recognised.

“Even if the said trade union has about 70% membership at a municipal level, it does not qualify for bargaining rights,” Demawusa and Matusa were told by the SALGBC.

The bargaining council warned municipalities not to enter into separate recognition agreements or any other agreement on organisational rights with any unrecognised minority trade union because the main collective bargaining agreement regulates organisational rights in the local government sector.

Parties to the main collective bargaining agreement are the representative of the employers, municipalities, the SA Local Government Association (Salga) and the two recognised unions, the SA Municipal Workers’ Union (Samwu) and the Independent Municipal and Allied Trade Union (Imatu).

The SALGBC has already stopped the Buffalo City Metro from entering into a recognition agreement with Demawusa, saying such a move would have a potentially destabilising factor to peaceful industrial relations in the municipality and others across the country.

But Matusa secretary-general Kurt Ziervogel, laughed off the bargaining council’s concerns, saying they were “delusional, it’s argument is stale, weak and unbelievable”.

He said Matusa as a registered trade union did not need permission to bargain.

According to Ziervogel, formerly Samwu Western Cape deputy provincial secretary, all Matusa needs to do is to inform Samwu and Imatu when it is representing any of its members as they are parties to the main collective bargaining agreement.

“They are misinforming workers. I don’t know what they are scared of,” he added.

Ziervogel said there were 260 000 workers in local government and there was no way that the addition of two more unions could be proliferation as Salga, Samwu and Imatu claim.

Demawusa secretary- general Mohau Mokgatla said the SALGBC’s assertions were “nonsense” as the ConCourt judgment was clear.

He said Demawusa had organisational rights as a registered union.

Both Demawusa and Matusa are affiliates of the SA Federation of Trade Unions.

They are misinforming workers. I don’t know what they are scared of

Kurt Ziervogel

Matusa secretary-general