Organisational and Collective Bargaining Resolutions - … · Organisational and Collective...

Organisational and Collective Bargaining Resolutions

Presented to Congress Plenary from the resolutions committee As tasked by congress

Moved in the congress plenary: Eastern Cape Seconded in the congress plenary: Ekurhuleni

Book 5 – Composite Resolutions and Constitutional Amendments

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Organisational

1. Membership survey resolution

Noting:

1. Work has been conducted by the organization to survey membership on matters of service by all organs of the union.

2. The survey was conducted on selective companies in terms of their sizes and geographical spread.

3. The survey dealt only with service by shop stewards and organizers across the union.

4. The survey didn’t ask members about their own participation in the life of the organization especially around factory or local and regional specific campaigns,.

5. Our workplace structures are weak and shop stewards are out of depth, membership divided and there is disillusionment amongst members.

6. It is hard for our organizers to avail themselves when called by membership as they are too busy dealing with other issues.

7. The survey didn’t reflect on members’ participation around issues of solidarity within the union and sister unions in the continent and around the world.

8. The survey identified the danger that the union is slowly becoming narrow in its focus and sometimes bureaucratic and operating like insurance companies rather than a trade union as it narrowly focus on servicing its members only.

9. Apartheid is still very strong in most of our organized companies that include a continue dominance of white males in all centre of power in the factories.

10. Noted all the issues raised in the document but did not see any need to discuss it.

11. The Report recommends commencing a large scale study on state service delivery to members and the mandate was referred to July CC 2012 of Numsa.

12. Development of NUMSA services charter can go a long way to remind our service department and all staff regarding the need for disapproved services to members.

Believing:

1. The union must have strong workplaces structures that are capable to challenge management at the point of production.

2. The organization must remain united at the local and have the capacity to fight discrimination at the factory level and society in line with its preamble.

3. The union must train its shop stewards to be skilled at negotiating collective

agreements, representing members at disciplinary level at the plant.

4. It is the responsibility of our organizers to visit companies to build structures and to make sure that workers are united.

5. So far challenges that affecting our members are known e.g. lack of access to affordable housing, challenges of government Red Tape, poor services in some instances and Numsa staff’s lack of understanding of the frustrating legal processes.


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6. Government has “Bathopele “ on its service chapter with all its resources and the chapter all over, but service is not improving even when it’s backed by hot lines.

7. NUMSA must have annual service evaluations of service plans to members, at all levels and the introduction of complaint desks at locals up to national level, or a National call centre.

Resolve:

1. The union must conduct across the board education to its members about the five pillars of the union preamble.

2. A follow up survey must be done to shop stewards on the attitude of members to their organization.

3. The organization must explore extending its scope as far as representation is concerned i.e. have a department that assists workers with criminal matters, insurances, civil claims in order for members not to take Legal Wise or Scorpions.

4. The organization must find a solution to the dissatisfaction of our members in the Western Cape in particular and across all regions in general as far as service is concerned in order to provide a better service that satisfy them.

5. The union must institutionalise the survey to be conducted in between national congresses and present the recommendations to the national congress for consideration as it has been done in terms of the 8th national congress.

6. The organization must call a shop steward indaba at national, regional and local level to deal with the following issues: communication i.e. laptops, cell phones and how these will improve service to members, divisions amongst shop stewards, the campaign around time off, lack of trust by members to shop stewards, lack of co-operation by members in attending meetings called by the shop stewards, lack of training on how to do their job including lack of support on complex legal matters and lack of support from the organizers.

7. We support the establishment of a help line facility for difficult cases encountered by shop stewards at the region and head office .

2. Numsa Youth Desk

Noting

1. The proposed youth desk policy from the Secretariat

2. The current practice in attendance at the Regional constitutional meetings: youth desk representation is 2.

Resolve

1. The name must be changed from Numsa Youth Desk to Numsa Youth Forum.

2. The Numsa Youth Desk must work within the confines of the provisions of Numsa Constitution.

3. Rather than rely on name change, Numsa Youth Desk must rigorously advance Numsa programmes, resolutions and policies with specific attention


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to young metalworkers from who it must first and foremost earn respect as a condition to earn respect from others.

4. The status quo must remain with respect of the coordination of the youth desk at the regional and local levels with local coordinators coordinating activities of the Youth Forum at the local with increased involvement of the Local Office Bearers.

5. Attendance of Youth Forum representatives to constitutional structures must be the same as it has been with Gender Forum.

3. Gender, women and people with disabilities

Noting:

1. All current gender programmes have not reached the factory floor or managed to mobilize society e.g. the recent mini-skirt saga at Noord Taxi Rank.

2. NUMSA GENDER STRUCTURE exists at all national union levels, but very little progress has been registered in the objectives as set out in the launching NUMSA national congress in 1987 because:

2.1. Up to now we have never been able as a national union to successfully fight all forms of discrimination against women inside and out-side NUMSA structures including work-places

2.2. As we speak, in our ranks we have very few female shop stewards, and locals have failed dismally to extend this structure at workplace level.

2.3. The gender structure at all levels has fallen prey to those targeting it for their political accomplishment within NUMSA.

2.4. There has been a lack of adequate support from the side of NOB, ROBs and LOBs and the only thing we have been successful in doing is the re-launching of gender structures at all levels and then turning our backs until the end of the term in gender structures and we come back again to re-launch

2.5. We have lacked a clear and comprehensive national framework with clear priorities

Believing:

1. If gender programmes can be launched jointly with progressive NGOs , they can advance gender equality.

Resolve:

1. Gender must fall under the OCCB department and together with the Youth

Forum form a working unit. (WC)

2. The CC must decide the allocation of the coordination of people with

disability. There are two proposals: this coordination must be allocated to

the national gender officer or a new person must be appointed to coordinate.

3. The structure must continue to be structure gender forum and we cannot go

back to women’s structure because the concept of gender also includes men.


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4. Education and training

Noting:

1. NUMSA has a resolution on political education which needs to be revisited.

2. Numsa has launched political commissions.

3. Most activities take place at regional and national level which means that ordinary members at local level miss out a lot, especially on political training.

Believing

1. A political school should be established in each province so that members are educated politically.

2. The political school should not be seasonal but an ongoing process.

3. Implementation of raised issues will address the following problems: unemployment, inequality and poverty.

Resolve:

1. We must re-inculcate the culture of learning and literacy campaign as part of ideological work.

2. Numsa must endeavour to build an institution mainly to serve as a base for political and organizational education.

3. The education department will be responsible for the training as establisehed in terms of resolutions 1 and 2 above.


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5. Funding for Local Shop Stewards Councils and General meetings

Resolve

1. There should be funding for transport for general meetings.

2. The November 2012 CC to decide on the details because even urban-based regions need this and it will affect the budget.

3. At least one local shop steward council per month as opposed to one per quarter in terms of the present practice must be funded at least for food. The CC must give guidance to this after the assessment of the financial position of the union.

6. Funding of Local Office Bearers Meetings

Noting:

1. Locals are not catered for when they have preparation meetings,

Believing:

1. This is not good for the comrades as they came from their plants to go and prep.

2. This union is a unitary organisation; what is happening at regional and national must also be cascaded down to local levels

3. LOBs always prepare for RECs, LSSCs, Regional Congresses and any other meetings that require preparation after hours

Resolve;

1. The union must put in place a policy that will allow the locals to budget for food and transport for preparation in their local by local office bearers.

2. The November 2012 CC to decide from which budget the money must be sourced.

7. National Organizing strategy

1. The organising, camapaigns and collective bargaining strategy is adopted with the WC proposal for jewellery to be addressed.

2. Implementation framework must be developed. 8. OR Project

1. The OR project must be subordinated to the organising, campaigns and collective bargaining strategy and not contradict the strategy.

2. Local organisers must return back to locals as it has been done on most regions as part of bring service closer to members and as part of channelling resources more to locals where it matters most.


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9. Co-operative development, appointment of regional co-operatives

development coordinators.

Resolves: 1. The CC of December 2013 to review the experience of having a national

cooperatives coordinator and will assess whether there is a need to employ regional coordinators of cooperatives as well.

10. Housing Benefits for our members (W. Cape)

Noting:

1. The majority of NUMSA members are poor and cannot afford decent houses.

2. That NUMSA Investment Company is currently involved in a housing pilot project in the Eastern Cape that will provide members with affordable houses.

Resolve:

1. CC should establish a housing RDG to look at provision of housing for members. The RDG must review the experience of the project of the NIC in the Eastern Cape.

2. The union must guard against transforming into a benefits union and therefore it must intensify the fight for better achievements of social wage benefits including housing benefits both through collective bargaining and political struggles.

11. Income-expenditure ratio and appointment of Regional Health and

Safety Coordinators and Regional Skills Training Coordinators

Noting:

1. The GS Report on the need to develop our human resources so that we can meet the expectations of the members of the 21st Century.

2. Membership has grown and more human resources are needed.

Resolve:

1. We agree with changing the expenditure ratio to 50/50 because service to membership is critical. .

2. The principle of employment of Regional Health and Safety Coordinators and Skills Training Coordinators is agreed, however, the matter is referred to the CC within its powers and duties to handle based on a constant assessment.

12. Numsa regalia

Noting:

1. New members are eager to be known by other rival union by wearing their union t/shirts and caps.


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Believing:

1. Ordinary members of Numsa do not have access to t/shirts, except during wage campaigns and May day celebrations.

Resolve:

1. Numsa must provide its members with progressive messaged t/shirts and caps on an annual basis.

2. Regions must submit budgets for union attire for consideration and approval to the Central committee.

3. The CC Dec 2012 to look at the budget and assess whether implementing this resolutions is feasible financially.

13. Full time shop stewards

Noting:

4. Northern Cape has only one full time shop steward (FTSS) based in Eskom close to Kimberley local.

5. We have negotiated a number of FTSS agreements in different workplaces. Many of the agreements (not all) provide that:

2.1. FTSS shall work both in the workplace and in the union (outside the workplace) in servicing members in the plant and the Union outside the workplace.

2.2. FTSS shall be provided with an office, telephone, fax machine, computers, email, a cellphone, vehicle and petrol card;

Believing that:

1. Not all FTSSs are helping Numsa to service members outside of the particular workplaces.

2. FTSSs are seldom seen in recruitment campaigns, shop steward election campaigns and many other organisational programs.

3. The very resources we have negotiated with employers are not utilised to the benefit of Numsa and its members.

Resolve that:

1. All FTSS agreements must be renegotiated such that they support FTSS to do union work inside and outside their workplaces.

2. The agreement must ensure that employers provide offices, telephone, fax machine, computers, email, cellphone, vehicle and petrol cards to carry out tasks and responsibilities in the best interest of members inside and outside the workplace;

3. In addition to capacity building for shop stewards as correctly captured in the organising, campaigns and collective bargaining strategy, more attention must be given to the training of at the same level as organisers and coordinators so


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that we build the capacity for providing the best service to members and included in these capacity building programmes for FTSS must be access to higher institutions of learning negotiated or facilitated by the union.

4. As part of their external work, FTSS must be of assistance in conciliations and arbitrations in the different dispute resolution centres.

5. Locals must coordinate the deployment of FTTS to union work.

6. Regional Secretaries may convene Regional FTSS Forums to ensure that FTSSs participate in organisational work and campaigns of Numsa, Cosatu, SACP and ANC.

7.

14. National Treasurers Forum (NTF) and Trustees

This resolution is referred to the CC for finalisation because there was no sufficient clarity. Noting:

1. The progressive resolution taken by the CC to start a trustees forum to ensure that the work of the national union does continue.

2. That the NTF is not a constitutional structure of the national union.

3. That the NTF is working well.

Resolve:

1. Since the NTF is made up of Treasurers and it has proven to be successful in taking the financial work of the national union forward, the NFC must be made up of Regional Treasurers.

2. Regional trustees must account to their RECs.

15. Numsa GS/DGS/RS National Forum

Noting:

1. There were good intensions to co-ordinate union programmes in a uniform way; a lack of commitment or a busy schedule of GS /DGS led to the collapse of this initiative.

Believing:

1. The GS/DGS/RS National Forum has indeed taken the work of the national union to another level.

2. Locals as a basic pillar of the union must be on board as it will assist in

achieving the same objectives as those of the national forum.

3. The only training and education conducted via this structure assisted in better management.

Resolve:

1. This forum of secretaries and regional administrators shall continue.


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2. A similar forum must initiate at the level of the region which shall include the local secretaries and local administrators to ensure that locals are on board to achieve the same results as of the national forum; it must be convened by the RS.

3. The National structures must sit quarterly or as the need arises and be convened by the GS office.

16. NUMSA HOD Forum and Regional Team

Noting

1. There are currently different practices regarding the status of officials in the

REC meeting

2. HOD and R-Team are the technocrat structure that deals with how to implement, monitor and formatively evaluate progress on decisions taken by constitutional structures.

Believing:

1. The union must standardise its practices across regions with regard to the status of officials

Resolve:

1. HOD meetings to be convened quarterly at national level with the attendance of at least one national office bearer.

2. Regional team meetings to convene monthly at Regional level. Reports of these meetings must be submitted to the secretariat in Head Office.

3. It is important that the HOD and RT meetings should focus on campaigns and implementation of NC, CC, NEC and REC decisions and resolutions.

4. RT and local coordinators should attend the RECs to assist worker leaders.

5. At least one ROB must be present at the RT meetings to give clarities on how the constitutional structures arrived at particular decisions.

17. The state of the organisation: Regions

Noting:

1. Growth in membership and the potential of further growth

2. The role played by regions in the revolutionary alliance.

3. The administration challenge within the union.

4. Growth in membership means that the national union has more work to do at all levels politically and organisationally; this will have an impact on the administration side of the union particularly in Regions and Locals and we cannot afford to ignore this fact.


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Believing:

1. Organising and recruitment remain the primary task of building the union.

2. There is a need to build capacity at the regional level to ensure effective service

Resolve:

1. It is time to take the issue of recruitment very seriously by considering an option of having comrades dedicated to recruitment work as happens in SACTWU.

2. This resolution is referred to the CC for guidance as there are presently comrades (former Numsa members) who assist in recruitment on stipend.

18. Legal matters

Noting:

1. Some organisers and legal advisors are not doing their duties properly in following up cases.

2. They have no records of cases to the point that they are concluded.

3. There is a process taking place of reviewing the LRA in trying to tighten the delay of cases.

4. An employee waits too long for a case to be reviewed in the labour court.

5. Employers use the labour court to frustrate the trade union and members.

6. The current law is not tight enough to prevent any unnecessary reviews to the labour court.

7. Lots of our cases are not reviewed because the legal depart is the sole decider.

Believing:

1. Numsa is training organisers and legal officers on an ongoing basis

2. We must employ people with knowledge and they must perform; we must do away with the lazy staff

3. The organization believes in collective decision making.

4. It is not in the spirit of collectivism where individuals take final and binding decisions.

5. There is an establishment of LDCs, RDCs and NDC whose function is to assess the cases of workers and as a collective they make a recommendation on what is reviewable or not.

6. Reviews of cases are technical, the reason why a final decision to review a matter or not is taken by trained legal officers who are familiar with the Act and case law.

7. It is acknowledged that there has been a high turnover of staff in the legal department. This has been mainly through resignations for a number of reasons, one of which is financial reward.


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Resolve:

1. Annual audits of all cases must be continued.

2. NUMSA must utilize fully the internal legal department with the status quo remaining for the use of external attorneys.

3. The Union through COSATU must mount a campaign which enforces the labour laws to speed up individual worker cases so that they don’t wait more than 2 years to be heard in the Labour Court.

4. The union must develop strategies to retain good and experienced legal staff.

5. The legal department to implement the following outstanding plans subject to direction by the CC.

9.1. Establish a separate account for trust money held by attorneys

9.2. Research on whether such moneys can be held by the union.

6. The legal department must further refine the NDC referral form as per Annexure 1 on the next page.


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ANNEXURE 1

REGIONAL REQUEST FOR THE NUMSA NATIONAL DISPUTE COMMITTEE (NDC)TO CONSIDER A LEGAL MATTER

The relevant matter concerns

…………………………………………………………………

(Please note that if the space provided is insufficient, further remarks can be made

on a separate page that should be attached to this form)

This application must be accompanied with the relevant documentation that will enable the NDC to arrive at an appropriate decision (i.e. minutes, closing arguments of the parties, ruling/award, etc)

The Regional Legal Officer (RLO) of the region shall set out below his/her legal opinion on the matter and reasons why the NDC should consider pursuing the matter:

The Regional Secretary shall set below why the region believes the matter to be important for further litigation:

The decision of the National Dispute Committee is as follows:

The reasons for the National Dispute Committee arriving at this decision are as follows:

I ………………………………………..certify this decision on behalf of the Numsa National Secretariat.


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Signature: ………………………………………… Date: ………………………

19. Amendment to LRA

Noting

1. In the LRA employers have a right to lock us out during a strike. They also have the right to employ scab labour during the strike (NC, JC Bez, Ekurh’ni)

2. Currently you have a right to strike only if you are retrenching more than 50 workers.

3. Employers refuse to grant members an hour to conduct s/s elections.

Believing:

1. We need to educate our communities not to go and look for work where there is a strike.

Resolve:

1. Numsa must pursue the following resolutions through the parliamentary process that is presently underway on labour law amendments.

a. The employer should not employ scab labour during strikes / lockouts.

b. The union must have the right to strike irrespective of the total number of workers to be retrenched .

c. The definition of operational requirements should exclude “similar needs of an employer” because it leaves a space for employers to manoeuvre.

d. Section 194 of the LRA must be reviewed because it disadvantages the workers and the employers are taking advantage in reviewing cases.

2. All COSATU resolutions on labour law amendments must be implemented.

20. Assessment of COSATU from the organisational point of view

Noting:

1. At this stage, where the federation is highly contested both from within and outside, it is very difficult for the top structures of the federation to execute an organisational program such as the 2015 plan; this has had a negative impact on the life of the organisation.

2. Workers at the lower levels of the federation do not own this program of the federation because of lack of education programs by the education department of the federation to educate membership about organisational programs.

Resolve:

1. NUMSA NOB in the Cosatu CEC must sharply raise the importance of education regarding organisational programs of the federation.

2. The affiliates must take it upon themselves to educate members about organisational programs of the federation to assist our federation


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3. All provincial organisers of the federation should not sit in the office as they often do, but they should be out in the field providing support to COSATU locals in the execution of the 2015 plan.

4. CEC members must be deployed to locals to monitor progress, provide guidance and take the mandate from members. By doing so, the industrial proletariat will take responsibility and leadership for COSATU.

5. We must call a summit to assess the implementation of the 2015 plan because it is not in track. This must be done from local level right up to national level and from one trade union to another and then to Cosatu.

6. We support the secretariat report and we must have a committee that will monitor the implementation of the resolutions.


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Collective Bargaining

21. Organising, campaigns and collective bargaining strategy

22. The organising, campaigns and collective bargaining strategy is adopted not only on organisational and campaigns matters but also on collective bargaining matters that it covers.

23. Strike Fund

Noting

1. The resolution was adopted but it was not fully implemented.

2. Strikes go on for a long time and become ineffective after 3 -4 weeks because workers have no income for their daily needs and this discourages them to continue with the strike.

3. Wages and improvement of other terms and conditions of employment depend on sustainability of the strike.

4. Numsa members are forced to go back to work after having exhausted all income they had before a legal strike.

5. NFC has set aside money

6. There have been international visits to fraternal trade unions where the issue of their strike funds and how they are run has been discussed.

Believing:

1. We need to agree on which strikes should be funded, how to start such funding, and how payments should be made as our members get paid weekly, fortnightly and monthly.

2. Workers opt to come to work due to the little wage they get paid.

3. By introducing the fund that will advance workers unity during strike, we will be trying to address their daily needs.

Resolve:

1. Immediately after the NC, the NOBs must develop a discussion document to include fund rules, membership contribution and disbursement policy and necessary procedures.

2. The next CC to consider this document and if it is satisfied it can adopt.

3. Numsa to take into consideration the lessons that the union has learnt in its international exchange programmes.

4. The NOBs to consider the following existing proposals from regions when compiling the discussion document:

a) The strike fund will for now only cover all bargaining and union sanctioned strikes and exception will be made for certain circumstances.


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b) Payment will kick in from the third week in which the members will not be paid.

c) Numsa must raise funds to enhance the fund from service providers to contribute to the strike fund rather than funding shop steward committees in different plants.

d) NUMSA Investment Trust returns should be looked at to sustain the Fund going forward.

e) The organisation being a socialist organisation, we propose that the striking members should be paid equally because this will not be replacing comrade’s wages but is just to keep them going during the strike.

f) All Numsa members from all sectors will contribute & the fund will be administered at head office.

24. Reorganisation of bargaining sectors

1. Reorganisation of the bargaining sectors is covered in the organising, campaigns and collective bargaining strategy. However, the union must address the location of jewellery.

25. Childcare facilities

Noting:

1. There is a current resolution which needs implementation and must be achieved throughout sectors.

Believing:

1. Facilities should not be built in industrial areas where children will be exposed to hazardous environments.

2. It is socially problematic to tie parents to companies through childcare facilities.

Resolve:

1. Numsa must offer professional assistance and responsibility to identify an area/spot to build the facilities and set up professional teams to coordinate the project with measures taken to avoid the facilities to be located in industrial areas where children will be exposed to industrial environmental hazards instead of communities where the union must advance social integration to avoid the danger of tying parents to companies.

2. Childcare facilities must be based in communities

3. For implementation of this resolution, NC must fix a timeframe of not more than 12 months where there is agreement.

4. Childcare must be extended to all Numsa sectors.

5. CC must monitor implementation.

26. Paid time off


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1. It is noted that 5 days per annum for paid time off is not enough. However, that in its characteristic as a demand this matter must be referred to the process of demands and the NBC.

2. At a strategic level the issue of paid time off for shop stewards is well covered in the organising, campaigns and collective bargaining strategy.

27. Traditional healers

It is noted that there are challenges with getting traditional healers to register as health practitioners in terms of the BCEA and that focus must be placed on resolving this matter but where there is still a need subject the matter to collective bargaining.

28. Ergonomics

Noting:

1. As a union we do not realize the health and safety implications of ergonomics and should work with specialists e.g. IHRG

Resolve:

1. If there are any technological changes at a company, the company should make sure that they also comply with the OHSA. (Sedibeng, NC)

2. For specific existing problems on ergonomics, we should demand better working conditions that will minimize the strenuous conditions in those work areas.

29. LIFO

1. The union must continue fighting against retrenchments instead of rushing to engage on the selection criteria.

30. Capping of executive pay

Noting:

1. The 60% difference between the highest and the lowest grade has not been achieved yet.

2. The huge salaries received by executives.

Resolve:

1. Cosatu must campaign for legislative capping of executive pay and propose other alternatives caused by huge inequalities in executive pay. (put as campaign)


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29. Issues for discussion in Industry Policy Forums in our sectors and for

further consideration as demands in the next round of collective bargaining.

29.1. Retrenchment

Noting:

1. Training lay off – if a company opts for layoff due to operational requirements, it will be a burden for them to train workers.

2. Training lay-off schemes provide short term training which does not assist our members with proper educational skills.

Resolve:

1. The notice period for training lay-off must be negotiated. The union must develop appropriate notice period demand.

2. The Union must protect all its members during retrenchments.

29.2. Severance pay

1. The proposal is noted that there must be a severance pay in the case of retrenchment and it must be 2.5 times monthly salary per year of service of the retrenched worker. The matter must be subjected to collective bargaining process including determining whether this will be an appropriate demand. In the event it is not an appropriate demand, the NBC will finalise what the appropriate demand must be.

29.3. 40 hour week (Motor)

Noting:

1. The Motor sector is still working 45 hours.

2. The reduction to 40 hours has not created any additional jobs.

3. This was achieved in engineering sector despite no additional positions.

Further noting the following proposed resolutions.

4. A 40 hour week without loss of pay should be pursued, including transport and shift allowance for the motor sector and the provisions in the BCEA pertaining

the rest period.

1. All sectors have to come in line with the 40 hour week.

2. We need to do more on our COSATU mandate to reduce weekly working hours (without loss of earnings) in order to create jobs.

Resolving


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1. This matter must be dealt with in the Motor IPF and as a demand the be subjected to bargaining processes including the NBC for further consideration.

29.4. Exemption

Noting:

1. Employers apply for exemptions without consultation/notification of employees.

2. NUMSA organizers are merely informing our members due to lack of capacity.

3. The Councils accept these applications without checking whether companies complied (notification to employees)

Further noting the following demands.

4. Agreement.

5. The affected union/s as well as the workers should be copied with application for exemptions.

6. All sectors must be in line with the Engineering sector when it comes to exemptions.

7. Councils should investigate/interrogate exemption applications prior to approval and do auditing of company books and such process must be transparent. NUMSA must also train officials to read company books.

8. During the periods/years when company financials improve, they should budget for those years for bonuses and increases during the years that the company was not in a good financial position.

9. All provisions for exemptions should be complied with by companies

10. Exemption must be granted under strict and monitored rules.

Resolving

1. The CC must finalise the matter of exemptions and the conditions under which

the union must agree to exemptions. To the extent that the matter would

require collective bargaining demands it must be referred to the collective

bargaining process including the NBC.

29.5. Discriminatory Clauses

Noting

1. All discriminatory clauses must be removed in all sectors especially in Motor) e.g. night shift allowance for certain categories of workers.

2. Nothing in all sectors must be less favourable than the BCEA.

Resolving


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1. The CC and the bargaining process including the NBC must provide guidance on how to deal with discriminatory clauses in future bargaining.

30. Other issues to take to the NBC for further clarity and consideration as demands in the next bargaining cycle.

30.1. New technology

Noting:

1. There is concern that metal was moved to plastic

Resolve that:

1. Despite these changes we should continue to demand for 6 months’ notice

period

2. Main agreements to be reviewed because of technological changes.

3. Union must continually monitor the scope of sectors where employers want to get away with businesses that are not their core function.

30.2. ABET

Noting:

1. Workers are afraid to enter ABET.

Resolve that:

1. Numsa must work in cooperation with companies to ensure that ABET is compulsory and implemented in all sectors without loss of pay to those employees.

2. Career-pathing must be identified.

30.3. Short time

Noting

1. Employees are not paid their benefits during short-time.

Resolve:

1. Short time must only be allowed after intensive interrogation and substantive reasons for such an application.

2. In all Numsa sectors, Numsa must review all clauses that are less favourable to members in the agreement and be replaced with BCEA or above BCEA.

3. All Numsa organised companies must comply with training during short time

4. All industries must be in line with 5 working days’ notice for short time.

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