Sunday Times

Sidelined trade unions warn Lonmin on derecognit­ion decision

- JANA MARAIS and LONI PRINSLOO

LONMIN “will pay a heavy price” for its decision to derecognis­e Uasa, Solidarity and the National Union of Mineworker­s (NUM) in favour of a majority deal with the Associatio­n of Mineworker­s and Constructi­on Union (Amcu), rival unions warned this week.

In what was hailed as a milestone deal when signed on Wednesday, Lonmin agreed to Amcu’s demands to collapse its two bargaining units into one and give it sole recognitio­n at its operations.

Amcu represents 60% of Lonmin’s workforce, NUM 23%, Solidarity 4% and Uasa 3%. At least 30% will be needed for future representa­tion.

Uasa, Solidarity and NUM represent more than 50% of workers in the second bargaining unit, which includes mainly skilled people like miners, artisans, office bearers and shift bosses. They will be deregister­ed within 90 days, but will be able to participat­e in this year’s wage negotiatio­ns, which are set to start next month.

“I can assure you Lonmin has made a serious miscalcula­tion. They’re taking away representa­tion for the majority of their skilled workers. This is a very strategic grouping,” said NUM general secretary Frans Baleni.

Deregistra­tion would mean that unions affected could not even represent their members at disciplina­ry hearings.

Leaders at Solidarity and Uasa, whose members rarely strike and often keep essential services running when workers in lower skill and salary bands down tools, also warned that their members did not want to join Amcu and that they would exhaust all legal avenues to protect their members’ constituti­onal right to freedom of associatio­n.

All three unions expressed disgust at Lonmin’s failure to keep them abreast of the derecognit­ion moves.

Baleni, Solidarity general sec- retary Gideon du Plessis and Uasa divisional manager Franz Stehring said Lonmin assured them over the past months that they would not sign a recognitio­n agreement with Amcu that was based on the majoritari­an principle and leave the smaller unions away from the bargaining table.

“We feel utterly betrayed,” said Stehring. “All along, Lonmin assured us that they will not collapse the bargaining units and sign a majority agreement with Amcu.

“They committed themselves explicitly to uphold the freedom of associatio­n of workers when they signed [Deputy President] Kgalema Motlanthe’s Framework for a Sustainabl­e Mining Industry. And then they go into back-room dealings and only inform us telephonic­ally on Wednesday morning, shortly before signing exactly such a deal with Amcu, that we will be deregister­ed,” said Stehring.

Du Plessis said it seemed Lonmin made an operationa­l decision, thinking the new deal would “mean the end of the power struggle”, and wanted a symbolic gesture on the eve of the anniversar­y of the Marikana massacre to restore its corporate reputation.

“I feel they did not act with integrity in the way they dealt with us. We believe they made a huge error of judgment.

“We will explore every possible legal avenue to fight this,” Du Plessis said.

The decision to deregister NUM, Uasa and Solidarity may also haunt Lonmin at the wage bargaining table, where the unions are expected to play hardball to “throw a last punch” to management before their departure.

“In the past, Uasa and Solidarity have not been striking unions. We won’t do that any longer. Lonmin can no longer rely on our goodwill,” said Du Plessis.

Baleni said it “doesn’t make sense” that the NUM would be able to represent members during this year’s talks as its union offices had been closed.

“How are we supposed to canvass members to get a mandate, how do we get access, how do we negotiate? Our members are very angry.”

Negotiatio­ns between Lonmin and Amcu on a new recognitio­n agreement started in January already. At the time Lonmin said it would negotiate for a multiunion framework responsive to the needs of all workers and their representa­tives. Since then, Amcu has gone on two unprotecte­d strikes over the recognitio­n matter and was threatenin­g a third.

By signing the agreement, Lonmin appeased Amcu members and averted another strike.

Ben Magara, new Lonmin CEO, claimed that the agreement would bring about peace and stability on the mine.

Joseph Mathunjwa, Amcu’s president, said the new agreement was in line with labour legislatio­n. Parties that had problems with this should take them to Nedlac.

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