COSATU TABLES "D" NOTICE OF PROTEST ACTION AGAINST CAPE
METRORAIL ON 13 JUNE
29 May 2002
Cosatu today tabled a notice in terms of Section 77 (1)(d) of
the Labour Relations Act indicating that it intends to proceed with
protest action in Cape Town on 13 June against Cape Metrorail.
The Nedlac Standing Committee on Section 77 notices met on
Tuesday 27 May and decided that, based on the outcome of meetings
held between the parties, that the issues had been
considered[1].
Cosatu Western Cape tabled a notice on 15 February to the
National Economic Development and Labour Council, Nedlac, of
possible protest action regarding the administration of railway
services by Cape Metrorail. The notice specified a number of
demands, including that Cape Metrorail should immediately restore
all the trains whose services it had discontinued as from November
2001. The notice also raised issues regarding safety on trains and
at stations.
A task team was set up to try to deal with the issues raised in
the notice. The task team met on two occasions - 11 April and 15
May - and reached agreement on four of the issues raised in the
notice, namely:
- The reinstatement of the 84 trains cut by Metrorail in November
2001. These were reinstated.
- The need to investigate the addition of trains to meet the
passenger demand. This was being done, but the process is
necessarily a slow one
- The need to request the South African Rail Commuter Corporation
to waive the penalties for trains departing late due to doors not
being closed. The SARCC had not yet responded in this regard
- The exploration of an alarm system for trains. This had been
proposed by Cosatu, but the feasibility was still not
ascertained.
The parties could not agree on the following:
- The deployment of additional security personnel at
stations
- The provision of free trains or free train journeys for the
unemployed and the elderly
- The construction of new lines, in particular one proposed by
Cosatu between the Strand and Muizenberg
- A number of issues for which the timeframes involved were
considerable - these include the issues of funding and the subsidy
granted by the national government to the SARCC, the disposal of
income and profits generated in the Western Cape by Metrorail and
the finalisation of the safety plan.
Background
The notice was tabled in terms of Section 77 of the Labour
Relations Act, which allows registered trade unions or federations
of trade unions to undertake protest action to promote and protect
the social and economic interests of workers, if they follow
certain procedures. Before embarking on protest action, the trade
union concerned is required to serve notice on Nedlac stating the
reasons for the protest action and the intended nature of the
protest action. (section 77(1)(b))The Act requires the Nedlac
parties to meet with the trade union and the parties at whom the
notice is directed, to consider the issues raised.(Section
77(1)(c)) Should the issues remain unresolved after thorough
consideration, workers are entitled to participate in protected
protest action 14 days after serving a second notice on Nedlac of
their intention to proceed with the action. (Section 77(1)(d)).
Issued by Nedlac
Contact: Jennifer Wilson at 011 328 4211
Footnote:
- In terms of Section 77(1) (c )of the
LRA