COSATU TABLES FINAL NOTICE TO NEDLAC REGARDING PROTEST ACTION ON JOB LOSSES

The Congress of South African Trade Unions has tabled a section 77(1)(d) notice to Nedlac regarding its intention to proceed with protest action against job losses. The notice was received just before close of business on Friday afternoon, 18 February.

According to the notice, the protest action will take the form of a national 24-hour stay-away on 10 May. During the stay-away, Cosatu is planning marches and demonstrations. In addition, Cosatu intends holding regional protest action in the run-up to 10 May 2000. Beginning with the Eastern Cape in the week of 6 to 10 March, Cosatu is planning 24-hour stay-aways each Wednesday. In addition, on two other days in that week, the intended protest action will take place for two hours during the period 12h00 to 15h00.

Cosatu has announced its intention to protest in the regions in the following weeks:

• 6 -10 March: Eastern Cape
• 13 -17 March: Western Cape
• 20 -24 March: Northern Cape and Free State
• 27 - 31 March: Western Transvaal
• 3 - 7 April: Northern Province
• 10 - 14 April: Wits
• 17 - 21 April: Mpumalanga
• 24 - 28 April: Kwa-Zulu Natal

Cosatu's original notice of protest action was served on 30 July 1999 in terms of s77(1)(b) of the Labour Relations Act, which gives workers the right to embark on protest action to promote and protect their social and economic interests, if they follow certain procedures.

In terms of Section 77(1)(c), Nedlac is required to consider the notice with a view to resolving the matter through a process of facilitation.

Several meetings were held at Nedlac in order to discuss the reasons tabled by Cosatu as motivation for the intended protest action. At the latest meeting, on 3 February, it was agreed that there had been progress on several of the issues raised by Cosatu. However, there were a number of issues which remained unresolved.

The issues on which there had been progress included the issue of interest rates, the holding of sector summits as agreed at the Presidential Jobs Summit and the implementation of customs and excise regulations.

The issues regarding which Cosatu felt there had not been sufficient progress include amendment of section 189 of the Labour Relations Act, which deals with retrenchments, amendment of the Insolvency laws and halting the accelerated reduction of import tariffs. Cosatu was also awaiting clarification in relation to the National Framework Agreement. It was agreed that bilateral meetings would take place between government and Cosatu on these issues.

According to Government, these meetings between Cosatu and the relevant Ministers are currently being arranged.

According to the Labour Relations Act, Section 77(1):

• A registered trade union or federation may table a notice of intended protest action (on a specific form), which must contain the reasons for and nature of the intended action.
• The matter giving rise to the notice must be considered in Nedlac in an attempt to resolve the matter.
• Thereafter, if attempts at resolution fail, the union or federation must serve a second notice on Nedlac of its intention to proceed with the protest action. This second notice must be served on Nedlac at least 14-days before the protest action starts.

Judgement as to whether these procedures have been followed rests with the Labour Court.