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Limit boundaries within which bargaining take place

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Limit boundaries within which bargaining take place Interest bargaining Parties should concentrate on their interests which spur them on rather than demands or positions Target specific bargaining Exchange of valid information with view to generate less conflict What is a strike? Refusal to work Concerted or collective action Specific purpose relating to matter of mutual interest between employer and employee What are the procedural requirements for protected strikes? Dispute must e referred to bargaining council/statutory council with jurisdiction or CCMA for conciliation Dispute cannot be resolved through conciliation, certificate must be obtained from council or CCMA stating it remains unresolved Parties should wait 30 days from date of referral of dispute Unions must give 48 hour notice of intended strike to employer Written notice to union, employees, relevant council given 48 hours before lockout starts If state is employer, 7 day notice must be given for strike/lockout In which situations will the general prestrike procedures not apply? Parties to the dispute member of council and dispute has been dealt with by council in accordance with its constitution Strike/lockout conforms to procedures in collective agreement Employees strike in response to unprocedural lockout by employer Employer locks out employees in response to participation in unprotected strike Employer refuses accede to request of employees or trade union to stop unilateral change to conditions of employment or restore original ones What are the substantive requirements for protected strikes? No person may participate in a strike if he/she is bound by collective agreement prohibiting a strike Employees may not strike if they are bound by agreement that requires the issue in dispute to be referred to arbitration No person may take part in a strike if the issue in dispute is one that has the right to refer to arbitration or to Labour Court Employees engaged in essential/maintenance services may not take part in industrial action No person may take part in a strike if a collective agreement exists between parties which deal with the issue in dispute If parties mutually agree to refer dispute to arbitration, they cannot embark on strike if the outcome of arbitration is not to their liking You cannot strike if the issue in dispute is regulated/bound by determination made by the minister in terms of the LRA or Wage act during the first year of that determination What actions should be taken during and after a strike? During the strike • assemble the strike management team • implement appropriate plans such as security and internal communication • record the events • communicate with strikers • establish the facts
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9 • evaluate the possibility of implementing the total strike management plan • negotiate After the strike • acknowledging the conflict • fulfilling undertakings • restoring work relations • re-establishing regular communication channels • activating external communication • meeting the legal requirements • reviewing the strike management plan
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Limit boundaries within which bargaining take place...

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