BRENTWOOD

2021-10-03

SUMMARY OF THE PICKETING RULES FOR THE NATIONAL METAL INDUSTRIES STRIKE FROM 05 OCTOBER 2021.

PURPOSE OF THE PICKET
To approach and peacefully seek to persuade service providers, clients, customers of the employer, members of the public; and employees who are not on strike and replacement workers to withhold their services from, supplying goods and materials to, or working for the employer.

The active and proactive encouragement/persuasion of non-striking employees and members of the public to join the strike and pickets shall not be seen as intimidation.

LOCATION OF PICKET
Outside the premises: Picketers may not come closer than 8 meters from the employer’s entrance and/or exit gates.

Where municipal or national roads run past the employer’s premises, picketers may not picket within one meter of the curb of each road.

The designated picketing area/s are to be agreed upon with the union, and are site specific. Alternatively the parties can apply to the CCMA Commissioner to determine the area.

Inside the premises: A picket may take place in the employers premises, but only with the permission of the employer. If the picket takes place on employer premises, the employer must serve the trade union with written specific health and safety rules to be observed before, during and after the picket.

Picketers on the employer’s premises or in any other designated area must,

- remain within the designated picketing area(s);

- observe the health and safety rules and regulations applicable in the workplace;

- refrain from causing any damage to property or allowing any damage to be caused; and

- leave the premises and the facilities in the condition in which they found it.

Companies operating within a complex: Picketing places within complexes /Unit Parks may be agreed between employers and employees at that specific site. Where employers conduct business on property owned by a landlord, striking workers may not picket on the property unless the landlord has given such permission.

The union may apply to the CCMA Commissioner who determined these Rules for site-specific picketing rules.

NUMBER OF PICKETERS
The rules have not indicated the number of picketers permitted, but has limited it to employees of the company, and taking into account COVID-19 Level 1 precautions.

Only employees of the company and specifically designated officials of the unions may take part in the picket.

DURATION AND TIME OF PICKET
The picket may only commence from 05h00 on 05 October 2021, and only in daylight hours.

PICKETERS’ CONDUCT
Picketers may:
- carry placards, chant slogans, sing and dance,
- be addressed by union officials and supporters; and
- wear trade union T-shirts, hats, caps, badges and other paraphernalia
- approach and peacefully engage suppliers, clients, customers, employees and replacement workers not to enter the premises and support the strike or oppose the lockout.

Picketers must not:
- use hate or defamatory speech or incite violence.
- forcefully prevent or appear to prevent anyone from entering or leaving the premises or any part of the premises of the employer.
- commit any unlawful action, such as intimidating, coercing, threatening or assaulting any person, or causing or threatening to cause any damage to any property.
- carry dangerous objects or weapons, which includes any object that could be used to injure or threaten a person or damage property, specifically
o knives, spears, pangas, bush knives or any similar object;
o sticks and knobkieries whether made of metal or wood;
o whips and sjamboks;
o bricks, stones or any similar object that can be thrown or propelled in a manner that can cause injury or damage to property;
o any inflammable substance;
o any liquid, foam or similar substance that can be sprayed or extruded to cause injury or damage to property.

EMPLOYER’S CONDUCT
The employer may not –
- hinder or obstruct the lawful and peaceful conduct of the picket;
- undermine any employee’s right to participate in the picket lawfully and peacefully
- discipline or threaten to discipline any employee for peacefully and lawfully doing so;
- engage in or permit conduct which is provocative or may incite conflict; or
- carry a dangerous weapon of any kind while in contact with the picketers.
- use hate or defamatory speech or incite violence
- ensure that any private security company employed by the employer complies with the requirements.

DISCIPLINARY ACTION
Picketers will obey the relevant union official/s instructions, and the instructions may not contravene the company’s disciplinary rules or in terms of these rules;
The company’s normal disciplinary rules will apply throughout the strike and or lockout and any employee breaching such rules will be subject to a disciplinary inquiry.

COVID-19
All requirements of the Disaster Management Act, and the applicable lockdown level regulations and restrictions, must be adhered to, including the wearing of masks and social distancing.

BASE RULES
A picket may not interfere with the constitutional rights of other persons

Members of the union, non-union members and union supporters may participate in the picket

Participation in the lockout and the picket is voluntary.

No employee will be pressurised into taking part;

No employee will be discriminated against, or victimised for participating in in the picket;

Employees will not participate in acts of violence and/or intimidation;

Employees not participating in the strike and or lockout will not be prevented from working nor will vehicle/visitors entering or leaving the company premises be prevented from so doing;

Entrances to the company premises will not be blocked off by any of the parties, other than for normal security reasons as currently in place;

No one may be in possession of or use weapons or arms, alcohol or drugs during the course of a picket or any other action in furtherance of the protected strike and or lockout;

Both parties will not engage in activities which may cause or lead to the damage of any property or equipment.

All areas occupied by striking and or lockout employees are to be kept in a neat and tidy manner;

No activities which hinder production/delivery/receiving processes may be undertaken by any striking/locked out employee;

Union official/s are expected to communicate the contents of these rules to the union’s members and/or supporters and to encourage them to behave in accordance with these rules. The company provides a similar undertaking in respect of management members and non-locked out employees.

ADMINISTRATION RULES
The union will appoint a Convenor who is the member or Official to oversee the picket.

The Convenor will at all times during the picket have copy of Section 69 of the LRA and a copy of this Default Picketing Rules.

The Employer must provide the Convenor with the name, address and telephone number of the person appointed to represent the employer in the matter related to the picket.

Trade union Marshalls must monitor the picket. The Marshalls will have the telephone numbers of the Convenor, or the person appointed to oversee the picket in the absence of the Convenor. The trade union must appoint 1 Marshal for every 10 picketers to monitor and control the picket at each designated location.

The Marshalls must wear arm bands or vests to identify themselves as Marshalls

The Marshalls will be present from the start to the end of each day of the picket

Convenors will be allowed to hand out pamphlets to the public, customers, or non-striking workers.

FACILITIES
Access shall be provided to employees of the company to water and toilets facilities, which access will not be unreasonably withheld. Where this is not possible, employers need to agree on a method of providing water and toilets to the striking employees.

Employers have the right to control the number of people entering its premises.

Employer shall make telephone, email, and fax facilities available to officials and union shop steward in order to allow them to communicate with the union office and employer.

CONTROL OF PICKETS
Union officials and managers are accountable and should be available to resolve problems may the need arise.

The convenor/s of the picket is responsible for overseeing the picket and ensuring that the picket complies with these rules.

The trade union must appoint one Marshal for every ten picketers to monitor and control the picket at each designated location.

The convenors, marshals and employer representatives must be present from the start to the end of the picket each day.

FAILURE TO COMPLY WITH THESE RULES
Any person may refer a dispute concerning the interpretation or application of these Rules to the CCMA. The Labour Court may suspend a picket at one or more designated locations if these Rules have not been complied with.

TERMINATION
These Rules will remain in effect and binding on the parties until the settlement MEIBC 2021 dispute, the termination of the strike, termination of the picket by the union or until it is terminated or reviewed by mutual agreement, or set aside by the Labour Court, whichever may come first.

Full Rules: https://www.seifsa.co.za/wp-content/uploads/2021/10/MA-Negs-2021_CCMA-Imposed-Picketing-Rules.pdf