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Strikes and Lockouts

Strikes and Lockouts. Lecture 18. OTHER FORMS OF INDUSTRIAL ACTION. Secondary strikes Picketing Protest action to promote or defend socio - economic interests Strikes of lockouts in response to impending retrenchments. SECONDARY STRIKES.

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Strikes and Lockouts

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  1. Strikes and Lockouts Lecture 18

  2. OTHER FORMS OF INDUSTRIAL ACTION • Secondary strikes • Picketing • Protest action to promote or defend socio - economic interests • Strikes of lockouts in response to impending retrenchments

  3. SECONDARY STRIKES • EMPLOYEES STRIKE IN SOLIDARITY with and in support of employees working for another employer, thereby strengthening the hand of the latter group of employees • “support strike” • The Primary strike must be protected • Secondary strikers gave their own employer at least 7 days written notice prior to the commencement of the secondary strike • Harm caused to the secondary employer is reasonable in relation to the possible effect that the secondary strike will have on the business of the primary employer. The so called “proportionality test”

  4. PICKETING • Must be members of a REGISTERED trade union • Trade union must have authorised the picker • Peaceful demonstration • Must be in support of a protected strike or in opposition to a lock out • Takes place outside the employer’s premises or WITH permission, inside of the employer, inside the premises of the ER • Agreement must have been reached on picket rules or in the absence thereof- CCMA will prescribed rules to be followed.

  5. Protest action to promote or defend socio- economic interests • NO legal engagement if you are employed in essential services or maintenance services • Must have been called by or authorised by a registered trade union of federation of trade unions • NEDLAC must have been given notice of the protect action including the reasons for and nature of the action • NEDLAC must have considered the reasons giving rise to the protest action • NEDLAC must have been given at least 14 days notice of its intention to proceed with the action • Employees must not be on breach or contempt of an order of the LC relating to the protest action

  6. STUDY • STUDY THE TABLE ON P 364 OF THE HANDBOOK!!

  7. LOCK- OUTS • The economic weapon of the ER during the bargaining process • A strike is the weapon of the EE during bargaining processes • See the definition in section 213 of the ACT- the employer must act AND the action must be in pursuit of a specific objective • This is the exclusion of employees by an employer of the workplace for the purpose of compelling the EE to accept a demand in respect of any matter of mutual interest between an employer and en employee • Needs to conform to procedures prescribed • Consequences of non compliance??

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