Codes of Good Practice > Collective Bargaining, Industrial Action and Picketing > Annexures

ANNEXURE B

DEFAULT PICKETING RULES8

1	PARTIES TO THE dispute

1.1	The parties to the dispute giving rise to the strike/lockout9 are:10

...................................[name]

2	BINDING NATURE

2.1	These Rules are binding on the parties to the dispute and their officers, officials, members and supporters.

2.2	Nothing in these Rules prevents the parties to the dispute agreeing to their own rules to replace or amend these Rules.

2.3	These Rules must be interpreted in accordance with—

2.3.1

sections 17, 18 and 23 of the Constitution;

2.3.2

section 69 of the Labour Relations Act, 66 of 1995 (Act);

2.3.3

The Code of Good Practice: Picketing (Code)

2.4	Where these Rules are silent, the relevant provisions of the Act and the Code apply.

3	PURPOSE OF THE PICKET

3.1	The only purpose of the picket is to approach and peacefully seek to persuade the following persons to support the strike or oppose the lockout by temporarily withholding their services from, supplying goods and materials to, or working for the employer/s :

3.1.1

service providers. clients and customers of the employer;

3.1.2

members of the public; and

3.1.3

employees who are not on strike (other than essential or minimum service employees) and replacement workers.

4	LOCATION OF PICKET AND NUMBER OF PICKETERS11

4.1	A picket may only be held at the places designated in Annexure A

4.2	Only members and supporters of the strike may take part in the picket.

4.3	A picket at any designated location may not exceed the maximum number of members or supporters determined by the Commissioner in that Annexure.

5	DURATION AND TIME OF PICKET

5.1	The picket may only commence at or after the commencement of the strike or lockout.

5.2	The picket may only take place during daylight hours.12

6	NATURE AND CONDUCT OF PICKET

6.1	Picketers must at all times conduct themselves in a peaceful, unarmed and lawful manner and not interfere with the constitutional rights of other persons

6.2	Subject to clause 6.3, picketers may for the purposes of the picket—

6.2.1

carry placards;

6.2.2 hand out pamphlets;

6.2.3

chant slogans, sing and dance;

6.2.4

be addressed by union officials and supporters; and

6.2.5

wear trade union t-shirts, hats, caps, badges and other paraphernalia.

6.2.6

approach and peacefully engage suppliers, clients, customers, employees (other than essential or minimum service employees) and replacement workers not to enter the premises and support the strike or oppose the lockout.

6.3	Any limitations on the activities listed in clause 6.2 in respect of specific locations are detailed in Annexure A.13

6.4 Picketers may not —

6.4.1

In performing the activities contemplated in clause 6.3 use hate or defamatory speech or incite violence;

6.4.2

forcefully prevent or appear to prevent suppliers, clients and customers of the employer, members of the public, employees who are not on strike and replacement workers from entering or leaving the premises or any part of the premises of the employer;

6.4.3

commit any unlawful action, such as intimidating, coercing, threatening or assaulting any person or causing or threatening to cause any damage to any property whether belonging to the employer or not;

6.4.5

wear masks; or

6.4.6 have any dangerous weapons or objects in their possession.

6.5

For the purposes of these Rules, dangerous objects or weapons includes any object that could be used to injure or threaten a person or damage property. In the context of a picket there is no other justifiable use for the possession or display of such an object, in particular any of the following objects:

6.5.1

Knives, spears, pangas, bush knives or any similar object;

6.5.2

Sticks and knobkieries14 whether made of metal or wood;

6.5.3

Whips and sjamboks;

6.5.4

Bricks, stones or any similar object that can be thrown or propelled in a manner that can cause injury or damage to property;

6.5.5

Any inflammable substance;

6.5.6

Any liquid, foam or similar substance that can be sprayed or extruded to cause injury or damage to property.

7	CONTROL OF PICKETS

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

7.2	The name and contact details of the Commissioner responsible for the conciliation of the dispute giving rise to the strike or lockout and these Rules is set out in Annexure B.

7.3	The names and contact details of the trade union convenor/s of the picket and the employer representative/s are listed in Annexure 815

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

7.5	The trade union must appoint one marshal for every ten picketers to monitor and control the picket at each designated location. The full names and contact details of the marshals are listed in Annexure B.

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

7.7	The convenor, the marshals and the employer representative must—

7.7.1

at all times during the picket have a copy of these Rules in their possession;

7.7.2

wear the armbands or vests described in Annexure B to Identify themselves as convenors or marshals16 ; and

7.7.3

be present from the start to the end of each day of the picket.

7.8	The names and telephone numbers of the convenor and marshals must be set out in Annexure B.

7.9	Any change to a convenor, employer representative and marshal must be sent by a text message to the persons listed in Annexure B.

7.10	The trade union must ensure that 1ts members and supporters who participate in a picket wear the identification described in Annexure B.17

7.11	The trade union must train its conveners and marshals on the Code and the Rules and their responsibilities to ensure a lawful and peaceful picket.

8	EMPLOYER CONDUCT

8.1	The employer or any person in authority at the workplace or acting on the employer's behalf may not—

8.1.1

in any way hinder or obstruct the lawful and peaceful conduct of the picket;

8.1.2

undermine any employee's right to lawfully and peacefully participate in the picket or discipline or threaten to discipline any employee for peacefully and lawfully doing so;

8.1.3

engage in or permit conduct which is provocative or may incite conflict; or

8.1.4

carry a dangerous weapon of any kind whlle in contact with the picketers.

8.1.5

use hate or defamatory speech or incite violence

8.2	The employer must ensure that any private security company employed by the employer complies with the requirements relating to such companies under the Code of Good Practice on Collective Bargaining and Industrial Action.

8.3	The employer must ensure reasonable access to toilet facilities and drinking water to persons participating in a picket

9	PICKETING ON EMPLOYER'S PREMISES OR IN OTHER DESIGNATED AREAS

9.1	If picketing is to take place on the employer's premises or other designated areas, the employer must, where applicable provide the tradeunion with written confirmation of the health and safety rules to be observed before, during and after the picket.

9.2	Participants in a picket on the employer's premises or in any other designated area must, in addition to the requirements set out in clauses 6 and 7 above—

9.2.1

remain Within the designated picketing area(s);

9.2.2

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

9.2.3

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

9.2.4

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

10	FAILURE TO COMPLY WITH THESE RULES

10.1	Any person may refer a dispute concerning the Interpretation or application of these Rules to the Commissioner responsible for the conciliation of the dispute giving rise to the strike or lockout and these Rules.

10.2	The Labour Court may suspend a picket at one or more designated locations if these Rules have not been complied with in terms of section 69(12)(c) of the Act.

11	DISPUTE RESOLUTION

11.1

Any dispute about the interpretation or application of these Rules or any alleged breach thereof shall be dealt with in accordance with section 69(8), (9), (10) and (11) of the Act or section 158(1)(g) of the Act. This does not affect any other right that any person may have in terms of the Act or any other law.

11.2	It is recorded that the employer, the union and persons taking part in the picket are subject to the protections and provisions set out in section 67 of the Act.

12	POLICE INVOLVEMENT

12.1	These Rules do not affect the right of any person to ask the South African Police Service or any security organisation responsible for maintaining safety and security at or near the workplace to investigate or deal with any unlawful conduct or alleged unlawful conduct.

12.1	If this happens, the employer and the union undertake to cooperate with the police or security organisation in the performance of their duties and the union undertakes to do everything possible to ensure that its members and supporters will do the same.

13	TERMINATION

These Rules will remain in effect until the settlement of the dispute , the termination of the strike, termination of the picket by the union or until it is terminated or reviewed by mutual agreement,whichever may come first.

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9Picketing may only take place in terms of s69. Gatherings related to unprotected strikes are subject to the revisions of the Regulation of Gatherings Act.

8Delete whichever is not applicable unless both a strike and a lockout are in place.

10Commissioner to fill in the names of the parties to the dispute giving rise to the strike.

11The Commissioner must determine the location of the pickets and the number-of picketers in each designated location in accordance with section 69(5) and (6) of the LRA, clauses XX of the Code and any relevant court decision.

12The Commissioner may amend this rule if the employer works night shift or the picket is rendered ineffective because the employer has arranged for its suppliers,customers and clients to enter the premises at night.

13The Commissioner may, for example, limit the activity of a picket in a shopping mall or business complex to carrying placards and handing out pamphlets.

14 To be discussed further.

15The Commissioner must list the names and contact details of the convenor/s and employer representative/s in Annexure B.

16 The Commissioner to describe the armbands or vests identifying the members or officials as convenors and marshals.

17 The Commissioner to describe the Tshirts, hats, badges or other forms of identification of participants in the picket In Annexure B.

Labour Relations Act, 1995 (Act No. 66 of 1995)

Codes of Good Practice

Collective Bargaining, Industrial Action and Picketing

Annexures

Annexure B : Default Picketing Rules8