Guidelines on Picketing Rules
| 1. | Of relevance in establishing picketing rules are: |
| ➢ | the Picketing Regulations (GNR 1393, GG no 42121, 19 December 2018), with effect 1 January 2019; and |
| ➢ | the Code of Good Practice: Collective Bargaining, Industrial Action and Picketing (GNR 1396, GG 42121, 19 December 2018). |
| 2. | Both the Regulations and the Code provide for default picketing rules and parties to a dispute are well advised to consider them in coming to an agreement on picketing rules. In the absence of an agreement between the parties, the conciliating commissioner who has to establish picketing rules must have regard to the default rules in the Regulations and the Code. |
| 3. | Ideally, picketing rules should be negotiated between an employer and a registered trade union early on in their relationship of bargaining; or the rules can be negotiated in the bargaining council. The picketing rules can be included in a collective agreement on bargaining, a recognition agreement or it can be an independent agreement. |
| 4. | Where an agreement on picketing rules has not been concluded early on in the employer-union relationship, the parties must endeavour to establish picketing rules as soon as they realise during negotiations that they are heading towards a deadlock or when they have in fact deadlocked. It is preferable for parties to conclude their own agreement for fear that a commissioner-established set of rules is forced upon the. |
| 5. | If the disputing parties, after good faith endeavours, can still not reach an agreement on picketing rules, the conciliating commissioner must attempt to get the parties to agree; alternatively, the commissioner must establish picketing rules. |
| 6. | An agreement on picketing rules must, as a minimum, include the following: |
| ➢ | the purpose of the picket and the fact that the picket is in accordance with section 69 of the LRA; |
| ➢ | the participants in the picket - who will picket and their anticipated numbers; |
| ➢ | location of the picket - the exact location/premises where the picket may and will take place must be specified; |
| ➢ | if the picket is at the employer's premises, specific rules that may be applicable/preferable must be specified, which may include, but not limited to the use of bathroom facilities, telephone use, access to water; |
| ➢ | the hours during which picketing will be allowed; |
| ➢ | the duration of the picket - start and end dates; |
| ➢ | conduct of the picketers - conduct that is and is not allowed; |
| ➢ | who will control the picketers and enforce compliance with the picketing rules; |
| ➢ | what the employer is expected to do and may not do; |
| ➢ | consequences of failure to comply with the picketing rules (which may include police intervention); |
| ➢ | any other issue that the union and the employer may deem necessary to include in the agreement on picketing. |
| 7. | Where an agreement on picketing rules has been concluded, such agreement must accompany the referral form (LRA7.11). |
