Nedlac's Labour Market Chamber
finalises regulations for the essential services
committee
Friday, February 28, 1997
The Nedlac Executive Council today concluded work in the Labour
Market Chamber on regulations for the essential services committee.
The chamber has considered this issue aspart of its ongoing work on
the implementation of the new Labour Relations Act.
Section 208 of the Act stipulates that the Minister of Labour
must consult Nedlac before publishing regulations for the essential
services committee, which was set up to,under the auspices of the
Commission for Conciliation, Mediation and Arbitration, conduct
investigations to:
- Determine whether a service, such as that rendered in a
hospital, is an essential service or not. If a service is defined
as an essential service it means that workers performing that
service do not have the right to strike or take protest action, and
that a dispute of interest must be settled by arbitration.
- Settle disputes over whether a service is an essential service
or not.
- Determine whether or not a service is a maintenance service,
that is, where the interruption of the service would physically
destroy a working area, plant or machinery. If a service is defined
as a maintenance service, the right to strike in terms of the
Labour Relations Act also does not apply; however, a union could
conclude an agreement with the management of, for example, a power
station, to keep the turbines going while the rest of the workforce
could go on strike. In such a case management would not be able to
bring in replacement labour.
The regulations define:
- The powers and functions of the committee. The committee has
fairly wide powers to subpoena persons to a hearing and to produce
relevant documents. The committee may also enter and inspect
premises to examine documents and take statements.
- The procedure for conducting investigations into whether or not
a service is an essential service. This procedure allows for
submissions by any interested parties.
- The procedures for the ratification of collective agreements
that provide for the maintenance of minimum services.
- The procedures for the determination of a dispute by the
essential services committee which outline how disputes are
referred to the committee and how hearings will be conducted.