An application by employers to have the strike by security guards belonging to the South African Transport and Allied Workers’ Union (Satawu) declared illegal was dismissed with costs in the Johannesburg Labour Court on Thursday.
Judge President R Zondo said the employers’ case was based entirely on an argument that Satawu agreed to waive its majority status during wage talks.
”The [employers] have failed to show that there had been a waiver on the part of [Satawu] to clause six of the bargaining-council constitution,” Zondo said.
According to the clause, representation in talks was determined by the number of members a trade union had.
Lawyers for the employers had argued that Satawu agreed to suspend this system of proportional representation during wage negotiations. They decided instead on a one man, one vote system.
Zondo said this meant that despite its ”huge size and dominant position” in the industry, Satawu could be bound by agreements made by an ad-hoc negotiating team that did not reflect its size.
”There can be no basis in law to make that inference,” said Zondo.
A four-member negotiating team — consisting of one Satawu representative and a trio from the 14 other unions — was decided on to simplify the negotiating process. This was because there were sometimes 50 union representatives in talks, said Paul Kennedy, for the employers.
Kennedy said since Satawu was outnumbered it was bound by the agreement, which the three other representatives had signed and which precluded strike action. The strike was therefore illegal.
”They are bound by it [the April 1 wage agreement] because it was concluded in negotiations governed by an agreement for collective negotiations.”
Lawyer for Satawu, Hans van der Riet, submitted that: ”There is no evidence before the court that [Satawu] ever agreed to any voting arrangement other than that provided for in clause six…”
Satawu’s Jackson Simon said the ruling had vindicated the guards’ trade union.
”All the processes that we conducted during the negotiations were in line with the requirements of the Labour Relations Act, and the court vindicated us,” said Simon.
He said the strike would continue.
A meeting between the union and employers to be held at the Commission for Conciliation, Mediation and Arbitration (CCMA) on Friday would still take place, he said.
”We believe that they [employers] will be there,” said Simon.
The employers said they were disappointed by the outcome of the hearing.
”We’re obviously disappointed because our sole purpose was to bring and end to the violence and murders, because Satawu are obviously not in control of their members,” said spokesperson Steve Friswell.
He said they would attend Friday’s meeting.
”We’ve been invited to go and explore ways forward and we’re committed to be there. We hope sanity will prevail.”
Fourteen smaller unions signed a wage agreement on April 1 for an 8,3% increase. On April 3 Satawu continued striking for an 11% increase. — Sapa