Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustryExtension to Non-parties of the Main Collective AgreementAnnexuresAnnexure A : Agreement on Picketing |
ANNEXURE A
AGREEMENT ON PICKETING
Made and entered into by and between:
____________________________________________________________
(the Employer Association)
and
______________________________________________________________
(the Union)
______________________________________________________________
(the Union)
| 1. | OBJECTIVE |
| 1.1 | The picketing rules are intended to regulate the relationship between management and its employees and the union during the course of a legal picket. The parties accept the conventions of collective bargaining and that union members and supporters/employees in the bargaining unit may wish to picket peacefully in support of any protected strike or in opposition to any lockout. |
| 1.2 | These rules are intended to facilitate peaceful picketing at company premises in the designated areas indicated before picketing commences and must be followed without exception by all parties. Any indulgence or departure from these rules, which may be granted from time to time, shall be reduced to writing and shall in no way constitute a permanent waiver or amendment of these rules. |
| 1.3 | The Union and the Employer ("the Parties") expressly agree to the picketing rules contained herein which will find application at all places of business where the Employer operates. |
| 1.4 | This agreement will also be binding on any members, employees and/or supporters who seek to exercise any of the rights conferred by Part A of the Labour Relations Act 66 of 1995 ("LRA") or any other rights recognised in law. |
| 1.5 | The Parties agree to Section 69 of the Labour Relations Act 66 of 1995 ("LRA") as amended from time to time, including the Code of Good Practice on Picketing as contained in Part B of the LRA. |
| 1.6 | These picketing rules shall apply for the duration of any future protected/unprotected industrial action and the Parties agree that where the word picketing or picketer appears, that this will also apply to strike, striker or striking employee. |
| 2. | NOTICE: OFFICIALS AND PICKETING |
| 2.1 | A convener(s) (appointed by the union) will oversee the picketing, A convener must be a member or an official of the union. This person should, at all times, be in possession of a copy of this signed agreement. |
| 2.2 | The union will endeavour to appoint sufficient picketing marshals to monitor and control the pickets. Marshals should have the contact details of the convener, the trade union office and any persons appointed to oversee the picket, in the absence of the convener. The marshals should be clearly identified as marshals. The union shall ensure that the marshals and the shop stewards are aware of applicable law; any agreed picketing provisions and the steps to be taken to ensure that the picket is conducted peacefully. |
| 2.3 | Marshals shall, as far as possible, be appointed from amongst the employee representatives of a specific site where the Company operates if picketing takes place at that site's premises. |
| 2.4 | The convener (the person nominated by the trade union) or the union must notify the company in writing of an intended picket at any of its premises or sites where the Company performs its work at least 48 hours before such picketing commences. |
| 2.5 | The notice should contain the following information: |
Commencement of the picket:
Date of intended picketing: ___________________________________
Commencement Time: ______________________________________
Union(s) involved: __________________________________________
_________________________________________________________
Name of union official(s) in charge: ____________________________
_________________________________________________________
Union Tel No: _____________________________________________
Union Fax No: _____________________________________________
Name of convener(s) in charge: _______________________________
_________________________________________________________
Tel No: ___________________________________________________
Name of premises or site(s) where picketing is contemplated:
__________________________________________________________
Address of venue (other than a company's premises) where picketing is intended, if any:
__________________________________________________________
| 2.6 | The company and the Association will notify the union of the name and contact details of the company and Association's representative(s) who will be responsible for communication with the convener or the marshals and the employee representatives, at the company should the need arise. |
| 2.7 | In the event that any meetings are required between the parties in paragraph 2.5 above, at least two (2) of the employee representatives must be present at the meeting as employee representatives shall remain responsible to: |
| ❖ | Act as representatives of picketing employees |
| ❖ | Maintain order amongst picketing employees |
| ❖ | Assist with communication between company representatives, the union and employees. |
| 3. | PICKETING AREAS AND ACCESS |
| 3.1 | Access to a company's premises and demarcated picketing areas shall, where necessary, be determined by parties' members at site level before such picketing commences. |
| 3.2 | The employer will ensure that toilet facilities and access to drinking water is available to picketing participants at the onset of the picket whether the demarcated picketing area is on or outside the company premises. |
| 3.3 | Access to the employer's premises shall be limited to the employees and labour ordinarily employed and/or working at such premises. |
| 3.4 | If the only sanitary and or drinking water facilities available are on the Employer's premises, management will control access to the facilities, the latter which will include, but not be limited to, determining the number of participants who may at any one time have access to the premises, the facilities that may be used, as well as the area/pathway that may be accessed. The participants will be obliged to behave in an orderly and lawful manner while using such facilities and will not in any way disrupt any business operations. |
| 3.5 | All participants in the picket who enter and leave the premises for the purpose of accessing the abovementioned facilities may be searched. Those who unreasonably refuse to be searched shall not be granted access to the facilities. |
| 4. | CONDUCT OF PICKETERS/EMPLOYER |
Picketing shall be subject to the following:
| 4.1 | Placards and banners may be carried and chanting, singing, as well as dancing may take place, provided that this does not infringe any law, intimidate any person or interfere with the company's business operations. |
| 4.2 | It shall be confined to areas demarcated for such. |
| 4.3 | Picketers shall not, whether on or off company premises: |
| 4.3.1 | Disrupt or attempt to disrupt ongoing operations of the company, nor hinder, harm or intimidate non-striking employees, other employees or persons associated with the company. |
| 4.3.2 | Hinder or damage any company property or machinery or vehicles or that of any supplier or customer of the company. |
| 4.3.3 | Hinder or harm or interfere with any vehicle entering or leaving the company's premises or in any other way going about the lawful business of the company on any public or private road. |
| 4.3.4 | Hinder, harm, threaten, intimidate or interfere with supplies to customers and neighbours of the company. |
| 4.3.5 | Consume, or be in possession of, or be intoxicated by alcohol or other forms of drugs. No intoxicated employee or employee suspected of being intoxicated shall be given access to the premises of the company or operating site. |
| 4.3.6 | Carry or be in possession of any form of weapon or potential weapon whilst picketing. |
| 4.3.7 | Commit any action that may be unlawful, including but not limited to any action which is, or may be perceived to be violent. |
| 4.4 | All picketing employees shall, at all times, be subject to the disciplinary procedures, rules and policy of the company. |
| 4.5 | Picketers may be addressed by Union Officials. |
| 4.6 | The Employer must: |
| 4.6.1 | Receive memoranda when invited to do so by a Union. |
| 4.6.2 | Prior to or at the onset of the picketing, liaise with one or more of the participant's available representatives who are designated as the convener, marshals, shop stewards and union officials to ensure compliance with this agreement. |
| 4.7 | The Employer may not: |
| 4.7.1 | Directly or indirectly hinder the conduct of a lawful picket. |
| 4.7.2 | Intimidate, threaten or otherwise undermine any employee's right to participate in the picket. |
| 4.7.3 | Take disciplinary action against an employee for participating in a lawful picket. |
| 5. | FREEDOM OF ASSOCIATION |
| 5.1 | The decision to picket or not, shall be the free and unfettered decision of each employee. |
| 6. | IMPLEMENTATION |
| 6.1 | The picketing rules shall come into effect after the 48 hour strike notice expires, and from when the strike action in fact commences, whichever occurs first. |
| 6.2 | The Parties will each take reasonable and effective steps to ensure full compliance with this Agreement and furthermore to ensure that there are no acts in breach thereof. |
| 7. | ENFORCEMENT OF THIS AGREEMENT |
| 7.1 | The parties agree that each will take prompt reasonable and effective steps to ensure the preservation of the letter and spirit of this agreement and that they will act either unilaterally or when called upon to do so, to prevent any acts in breach of this agreement and to act swiftly and decisively to discipline any person who interferes with the orderly conduct of the picket, any peaceful picketing or the conduct of the company's lawful business. |
| 8. | DISPUTES |
| 8.1 | In the event of a dispute arising over compliance with the terms of this agreement, the marshals appointed in terms of this agreement above and the Union office bearers in charge of the picket shall meet with representatives of the Employer in an endeavour to resolve the dispute, immediately at the site of dispute. |
| 8.2 | If the cause for the breach is not removed within a reasonable time, the offended party including any person in control of, or who owns the area from which the Employer or its Client operates, will have the right to approach the CCMA in terms of Section 69(8) of the LRA for determination, or take such other action as may be available to it. |
| 8.3 | Nothing in this agreement shall limit the right of either Party to take action in accordance with it in terms of the LRA, or any other relevant law, or to approach the Court urgently or otherwise for appropriate relief including a prayer to suspend the picket or strike due to its non -compliance with this agreement. |
| 9. | GENERAL |
| 9.1 | No relaxation or indulgence which either party may show to the other shall in any way prejudice or be deemed to be a waiver of the rights in terms of this contract. Such relaxation or indulgence shall also not preclude any party from exercising their rights in terms of this agreement in respect of any continued or future breach. |
| 9.2 | It is expressly stated that this agreement comprises the total agreement between the parties and that unless any amendment, addition thereto or consequential cancellation thereof, is not reduced to writing and signed by the relevant parties, it will be deemed to be null and void. |
Signed on this __________________ day of ________________ 2020 at ________________________
___________________________ |
____________________________ |
FOR: The Association |
Witness |
___________________________ |
____________________________ |
FOR: The Union |
Witness |
___________________________ |
____________________________ |
FOR: The Union |
Witness |