SATAWU+response+to+Minister+of+Labour+and+strike+bulletin



=SA Transport and Allied Workers Union response to Minister of Labour=

SATAWU would like to call on the Minister of Labour, Membathisi Mdladlana to refrain from continuously making remarks that expose him as partisan in the current dispute between SATAWU and the Security employers. This not only undermines the strike but it is also not adding any value towards resolution of this dispute.

The Minister was quoted by the Citizen Newspaper on Thursday, April 20 as praising employers and condemning striking workers. According to the same edition of the paper, Minister Mdladlana claims that Satawu only represents 20 300 members. This is unfortunate because not only is it inaccurate, but it is also pro-business in character, quite contrary to what you would expect from a minister who is also a member of the ANC.

First of all Minister Mdladlana knows that by October 2005 the verified number of SATAWU members was 34 370. This is undisputed as this verification was conducted by his own department. It was later confirmed by the Labour Court in terms of the ruling of Acting Judge Cele. We then ask ourselves, “whose gallery was the minister playing to?”

We note the role of “shop steward of capital” that minister Mdladlana is now actively playing. In his attempts to play this role perfectly, he has unfortunately embarrassed himself by contradicting a precedent that he set in 2001 when he refused to sign an agreement because it had been signed without the participation of two employer associations which he deemed to be bigger than those that had signed. This he did because it affected workers, what is stopping him now that the affected party is the union?

As SATAWU we reiterate our claim that this agreement in null and void and that it is fraudulent in that it was signed under the pretense that it was on behalf of unions yet it clearly was by a minority of the workers and was signed after the meeting had been closed and behind the back of SATAWU.

End of statement;

082 347 2529
 * Jackson Simon: National Sector Coordinator, SATAWU**

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=SATAWU PRESS STATEMENT WITH REGARD TO THE ON GOING WAGE DISPUTE IN PRIVATE SECURITY SECTOR – 22 APRIL 2006=

The Satawu National Office Bearers met on the 20 April 2006 and assessed the political and organizational developments to date. The statement below is therefore informed by the assessment conducted.

The NOB acknowledged the unity and resilience of our members in struggling for improvement in their conditions of service and the overall transformation of this vulnerable and exploitative industry.


 * STATUS OF THE APRIL 1 WAGE AGREEMENT**

Satawu reaffirms its rejection of the April 1 2006 agreement signed between the five employer associations and fourteen unions.

Reaffirms its belief that any wage agreement without Satawu’s signature is illegitimate based on the principle of majority trade unionism firmly supported by the 8 April 2006 Labour Court decision which held that we are not bound by it. Therefore confirming to our right as a majority union to negotiate and strike until a settlement is reached.

As the majority union in this industry we insist that negotiations must take place with us in our right under the auspices of the CCMA in order to arrive at an agreement which will be processed through the Employment Conditions Commission (ECC) process until the Sectoral Determination is promulgated by the Minister of Labour.

The ECC should not commence any investigation including public hearings and this position we will ensure through the Deputy General Secretary of Cosatu who is a member of the ECC.


 * THE MINISTRY AND DEPARTMENT OF LABOUR**

The deliberate marginalization by the Minister of Labour and his department officials must be stopped with immediate effect. We reject in the strongest terms the non response by the Minister of Labour to our written request in early April 2006 for an urgent meeting to discuss his quoted media assertions with regard to the legitimacy of the so called April 1 wage agreement. The Minister has also undermined the Cosatu National Office Bearers by not responding to their calls for him to intervene and resolve the dispute. This smacks of arrogance which will result hardening of attitudes against the department.

The Minister in this context is responsible for the hardened attitude by the employers who have publicly stated that they do not intend returning to negotiations. Satawu repeats its call for the Minister of Labour to intervene as he has done in the past under the guise of public interest which is the case now. We remain extremely suspicious of the intentions of the Minister and his department given their silence.

We have concluded that the Minister and his department are deliberately marginalizing Satawu and are therefore in collusion with the employers and the fourteen sell out unions against us. Our suspicion has now been confirmed given that the Department of Labour have started the public hearings in Eastern Cape and invited Satawu to participate. We reject the double standards by the department and demand that the hearings be postponed until Satawu and the employers negotiate a separate agreement. Should these hearings continue it will become a major terrain of struggle targeted for disruption as we cannot legitimize it unless the April 1 wage agreement is nullified to level the playing fields.

We demand consistency as was the case in 2001 when two employer associations viz SANSEA and SSEO refused to sign the wage agreement the Minister did not want to promulgate for legitimacy reasons and intervened by appointing a facilitator which eventually brought them on board. Is Satawu as the majority trade union not entitled to be given the same treatment? The question is why is he not intervening in the same manner now? It is this context that we believe we are being politically marginalized and sold out by our public representatives we had voted for since 1994.


 * COMMISSION FOR CONCILIATION MEDIATION AND ARBITRATION (CCMA)**

With regard to the CCMA we appreciate all efforts made at the highest level and call on it to continue facilitating a return to the table as Satawu remains ready to negotiate on the two outstanding demands viz 11% ATB and four (4) months paid maternity leave.


 * EMPLOYER ASSOCIATIONS**

Similarly, we urge all employer associations to drop the pursuit of legal strategies and return to the negotiating table to find a resolution to the dispute. Their filing of an application for leave to appeal against the April 8 2006 Labour Court judgement which declared our strike protected is indicative of their skewed focus and unpreparedness to negotiate.


 * VIOLENCE**

Satawu reaffirms its position that it not subscribe to any form of violence including intimidation and assault whilst engaging in legitimate struggles to improve the conditions of its members.

We again call on all our members to conduct the strike in a peaceful and disciplined manner.

We commend the majority of members who have conducted the strike in a disciplined manner. Satawu has put in place coordinating structures including marshals to manage crowd control with a view to intervene and minimize incidents. Satawu has cooperated with the Metro Traffic Police and SAPS where permission was granted to ensure peaceful gatherings.

Satawu calls on its members not become party to criminal activities by criminal elements who are not our members as this is beginning to discrediting our just struggle and alienate public support. We call on all members to isolate and expose criminal elements including those wearing our t-shirts and conducting such criminal activities.

Satawu has met with both Metrorail and the South African Commuter Organisation (SACO) and agreed with both that violence against commuters on trains is unacceptable and must be condemned in the strongest terms. We also agreed to work together in a structured manner to ensure that criminal acts at stations, indiscriminate attacks on commuters and damage to public assets must be stopped.

Satawu calls on the Metro Traffic Police and SAPS not to provoke our members and to act with greater restraint. Satawu makes a serious appeal to all the Metropolitan Councils not to prohibit our gatherings and marches as this is also leading to escalated frustration among members who must fully exercise their constitutional right to strike. We will vigorously challenge any prohibition as we believe that our constitutional right to strike through gatherings, pickets and marches must be protected whilst appreciating the need to manage public interest considerations.

The media statement released by the DA’s Fred Nel on 20 April 2006 with regard to amending regulations for public gatherings is understood in a context that the shopstewards of capital (DA) will seize any opportunity to put the squeeze on the unions and attempt to limit our constitutional right to strike. All the above points made earlier demonstrates Satawu’s commitment to peaceful and disciplined strike action and the steps taken to ensure same.

The statement casts a direct aspersion on and insults the quality of security officers who put their lives on the line for the majority of South African particularly the ones living in affluent gated communities (including Fred) purely by virtue of their exercising their democratic right to protest. It further negates the sterling yet dangerous work done by the majority of security officers who do protect state assets, private properties, financial institutions and citizens generally by putting their lives on the line on a daily basis to ensure the comfort of others. This arrogant, anti union, racist and unappreciative attitude of Fred is typical of the mindset of employers in the private security industry and that is exactly why unrewarded and unappreciated security officers will continue to struggle to improve their conditions until they achieve it regardless of the fact that the DA regards trade unions as a nuisance.


 * PROGRAM OF ACTION TO INTENSIFY!!**


 * National marches to be held on 26 April 2006 in all major city centers which will be directed at the Department of Labour to be addressed by Satawu National Office Bearers and other democratic allied organizations
 * Pickets targeting employers with a view to force them to the negotiating table will continue
 * Satawu National Office Bearers demand a meeting with the Director General of the Department of Labour on the 26 April 2006 given the Minister’s continued non response to meet us
 * National strike to be intensified at all levels including the targeting of Public Hearings for disruptions
 * COSATU and its affiliates to support the national marches on 26 April 2006.
 * COSATU to convene an urgent meeting of all its affiliates next week to develop a concrete program of solidarity.
 * COSATU NOB to intensify pressure on the minister and the department to meet with SATAWU to lay the basis for resolution of the dispute

The objectives of the intensified program is to achieve:


 * A return to the negotiations by the employers to reach an agreement
 * Derecognition of the April 1 wage agreement as a sole basis for determining a new Sectoral Determination
 * Intervention by the Ministry of Labour through meetings with Satawu
 * Suspension of the Public Hearings until an agreement is reached at the CCMA

The SATAWU NOB and the National Security Sector leadership will conduct ongoing assessments with a view to reposition tactically should it became necessary. We call on all members including the new members who have joined us from among the fourteen sell out unions to remain united, vigilant, highly mobilised and disciplined as we continue to pursue a just and better settlement to improve the wages in the security industry which remains marred by poverty wages, non compliance and exploitation.


 * STATEMENT ENDS**


 * Contact** the Satawu general secretary at 082 5646298, National Sector Coordinator Mzwandile Simon at 0823472529 and Ronnie Mamba at 0826465353

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