This+column+is+about+reflection,+not+advocacy,+Terry+Bell,+B+Rep



=This column is about reflection, not advocacy=

Business Report, Johannesburg, March 24, 2006

 * By Terry Bell**

It's been a good week for this column and for me. Vindication after trenchant criticism is always pleasant.

This week has seen two denunciations of the contents of this column put to rest. One, concerning the ongoing transport dispute, came after a week and the other after six years.

Six years ago, following the controversial dismissal of 1 382 Volkswagen workers after an inter-union row, I wrote that this dismissal probably contravened the International Labour Organisation (ILO) convention covering the right to strike, to which South Africa is a signatory. This was refuted in an angry letter from the National Union of Metalworkers of SA (Numsa), acting on the advice of its lawyer.

Like a senior labour court judge who ruled against the striking workers, Numsa and its lawyer maintained that the ILO conventions were not binding on South African courts; effectively that the ILO had no standing. They were wrong.

This week it was confirmed that a case brought by the sacked workers had been heard by the freedom of association committee of the ILO. And as clause 233 of the constitution states: "… every court must prefer any reasonable interpretation … that is consistent with international law".

Whatever the final decision at the ILO, the international body clearly has standing and the conventions do indeed bind South African courts.

However, then, as now, there was also the matter of misunderstanding the column and its role. It seems appropriate, therefore, that it be repeated what Inside Labour is and isn't.

In the first place, this column does not profess or attempt to speak for anybody; it is a reflection of developments, perceptions, ideas and arguments inside the labour movement. No more and no less.

I often agree with the points put forward by trade unionists at various levels and whose voices are given a public airing. On a personal level, I also disagree, as many of the unionists I deal with can attest.

But my disagreements and my views are not the substance of Inside Labour. However, the research conducted into issues of fact is my responsibility.

I chose to deal with the issues behind the transport union strike as this was obviously a matter of national importance. It seemed vital to me that labour's voice be heard.

The basic point made by the unions was that they had not been adequately consulted; that issues vital to the wellbeing of workers had not been addressed. This was flatly denied by Transnet management.

"And the trouble … is that the employers usually have many more resources and can employ spin doctors to muddy the waters," says Federation of Unions of SA acting general secretary Dennis George.

Very little research was required to discover that the unions were correct: that issues such as pensions had not been dealt with. It was also fairly easy to discover that while there had been 12 meetings between the management and the unions, these had often ended precipitately, one lasting just 16 minutes.

"These meetings did not amount to any consultation. Management came to dictate," says SA Transport and Allied Workers' Union (Satawu). spokesperson Ronnie Mamba.

And that was what this column gave voice to, along with the analysis by unionists of the underlying ideological rationale motivating management. Assessment of the motivation is, an opinion, a deduction. But it is based on available evidence.

Transnet's head of communications - "their resident spin doctor", says George - promptly responded by attacking "these self-appointed vanguards of the class struggle". He implied that there had been consultation, although he actually only said that talks about the transfer of Metrorail had been held.

However, that was not the point. Consultation and the settlement of issues dealing with the welfare of workers was the issue. Not whether management had met with the unions to tell them what was in store for their members.

So the ideological rationale will continue to be debated, as it has been for years, but this week, the unions - and this column - were vindicated on the facts of the matter. An inter-ministerial task team agreed to delay the proposed transfer of Metrorail to the SA Rail Commuter Corporation in order to deal with "outstanding issues", primarily pension benefits.

"What has happened this week shows that we spoke the truth and that you reported it," says Satawu research officer Jane Barrett.

That sums up one role of this column. Another is to try to seek clarity where confusion is spread - and always against the background of the need for worker unity, as summed up in the slogan: An injury to one is an injury to all.

790 words
 * From: http://www.busrep.co.za/index.php?fSectionId=553&fArticleId=3173121