Parliament likely to scrap strike ballots

There is an article by Natasha Marrian in today’s issue of Business Day – Cosatu gets planned limit on right to strike ‘scrapped’.

With the kind permission of Business Day here are some random extracts from the article.

“A BETTER understanding between the African National Congress (ANC) and the Congress of South African Trade Unions (Cosatu) could result in the government scrapping several proposed amendments to labour laws now before Parliament, including a clause requiring a ballot before a strike may begin.”

“Sources said yesterday continuing talks between the ANC and Cosatu had yielded significant progress in ending the federation’s disquiet over proposed amendments to labour laws.”

“After a series of bilateral meetings, the ANC leadership has agreed that amendments before Parliament which threatened the right to strike should be withdrawn.”

“The draft bill calling for a compulsory ballot before a strike can proceed has been withdrawn, as has the proposal that pickets should be limited to workers on strike.”

“This was according to a media statement from Cosatu yesterday.”

“The proposal that key state workers such as customs officials and health workers should be deemed “essential service workers” has also been withdrawn, with parties still in discussion on this area.”

“In a statement after its central executive committee meeting last week, Cosatu described the amendments as the “greatest threat to the right to strike since the fall of apartheid.” General secretary Zwelinzima Vavi said the proposed ballots could easily be manipulated by employers to delay strike action.”

“Department of Labour spokesman Musa Zondi referred queries about the possible withdrawal of the amendments to the ANC. ‘We work on the basis of the amendments that are already before Parliament and if there are going to be changes, it should happen at that level’.”

“ANC spokesman Keith Khoza declined to confirm that the party had agreed to the withdrawal of the proposals. ‘We are not at liberty at this stage to disclose the discussions between Cosatu and the ANC … in due course, and once these matters are finalised we will issue a joint statement,’ he said.”

“Cosatu spokesman Patrick Craven said talks between the two allies were continuing, but the federation was pleased at the progress made over recent months.”

This is the full and unchanged text of the press statement issued by Cosatu on 26 April 2012 – The CEC of the COSATU held a special meeting on 23-25 April 2012, attended by National Office Bearers, affiliated unions and provincial structures.

“Labour brokers and labour law amendments

The meeting reiterated support for the demand that labour broker must be completely banned. As President Zuma said in his state of the nation address, abusive practices are inherent in labour broking. Yet government’s amendments now before parliament would still allow this trade in people and super exploitation of workers to continue, at least for six months, but for us this is six months too long.

This matter is also being discussed at an ANC/COSATU task team, and will be raised at the forthcoming Parliamentary hearings on proposed labour law amendments.

COSATU will also be engaging vigorously to defeat other amendments to the labour laws, which in their present form are the greatest threat to the right to strike since the fall of apartheid. We fought hard to win the right to strike to be included in the constitution of our new democratic country in the crucible of struggle and we will not surrender this victory.

Government and business are demanding a return to a compulsory ballot before a strike can commence, which could easily be manipulated by employers to delay strike action and demobilise the workers.

COSATU unions have always done everything to ensure that strikes are based on democratic mandates from the membership, but this must be done through the unions’ own democratic procedures, not through ballots imposed by the state and conducted by state agents.

Another threat is legislation that pickets must be limited to strikers. We totally reject this attempt to outlaw sympathy strikes and picketing, and thus weaken worker solidarity, one of the most crucial weapons in the trade union armoury.

Under the draft legislation employers can ask the Labour Court to suspend a picket and even a strike without the consent of the parties. They can seek damages for a breach of picketing rules. This opens unions up to constant attack and could see the end of smaller unions as their assets are plundered by cynical employers. The CCMA cannot be allowed to decide when it is in the public interest to intervene. This is a back door attack on our right to collectively bargain and strike.

In the wake of the hysterical and baseless DA-led attack on SADTU, government is now adopting the same false view of ‘strike-happy public servants’ and is proposing that all state employees should be called ‘essential service workers’ and therefore banned from striking.

If passed, this would reduce our public-service unions to toothless dogs, able to bark but never to bite. We run a serious danger that all the union rights enshrined in the constitution will remain only on paper. The biggest victims will be the workers who will face even more ruthless exploitation by profit-driven greed.

The excuse for all these measures is that we need to deal with the problem of violence during strikes. COSATU has always been absolutely firm in condemning acts of violence and crime. Unions have always instructed their members to behave in a lawful, peaceful and disciplined manner, and organised marshalls to enforce this

In the vast majority of events this has been achieved. But unions cannot be held legally and financially responsible for the illegal action by individuals in the vicinity of a union activity despite the unions’ efforts to prevent such acts. It could lead to unions being bankrupted and unable to defend their members.”