The National Transport Movement (NTM) and the National Union of Metalworkers of South Africa (NUMSA) got mud on their faces this week after four years of desperately trying to get organizational rights in Transnet.
Marleze Blignaut, Senior Commissioner of the Commission for Commission for Conciliation, Mediation and Arbitration (CCMA) dismissed their application within an arbitration award for organizational rights in favour of the Transnet, the United National Transport Union (UNTU) and the South African Transport and Allied Workers Union, (SATAWU).
According to Blignaut the application by NTM and NUMSA is dismissed because neither of them for was found to be a representative trade union. “The numbers they achieved during the verification excise namely 1495 for NTM, and 2062 for NUMSA are too insignificant for me to grant them any organizational rights,” says Blignaut.
NUMSA and NTM applied for organizational rights, in term of the provisions of section 21 of the Labour Relations Act, 66 of 1995, as amended in 2014. The matter was set down for arbitration. UNTU and SATAWU were mentioned to the proceedings on the basis that both unions had a material interest in the matter. NUMSA was cited as the second applicant after its own matter had been consolidated with the current dispute.
Transnet argued that the Commissioner must apply her mind in term of section 21 (8) of the LRA. According to this section the Commissioner must consider that she does not create the proliferation of trade union representation within a workplace. The Commissioner must also consider not to place a financial administrative burden on the employer.
Transnet further explained that the company had moved away from a process of trying to manage the administration burden of several smaller unions by allowing for a gradual increase in membership numbers before these unions could qualify, in principle for rights, resulting in the establishment of some sort of threshold of 30 %. This is a level that was subsequently achieved by both UNTU and SATAWU. NTM and NUMSA simply does not qualify.
Blignaut says NUMSA made a last desperate attempt to gain rights by reference to the Constitution and the rights of workers in the Constitution.
“The Courts have already ruled that the Constitution cannot and should not be used in an attempt to by-pass the required legislation. The fact of the matter is that the numbers both unions had achieved was just too low to even consider granting them any of the rights they demand,” Blignaut says.
Mr. Eddie de Klerk, Deputy General Secretary of UNTU, the largest trade union in Transnet representing more than 25 000 employees in the company, agrees with the ruling of the CCMA.
“The LRA stipulates that an employer and a registered trade union whose members are a majority of the employees employed may conclude a collective agreement establishing a threshold of representativeness required in respect of one or more of the organisational rights.
“Thresholds like the one in the Transnet Bargaining Council assist majority union like UNTU who specializes in the Transport Industry on behalf of its members to ensure that the focus in the bargaining council remains in real issues affecting the workers and does not get side tracks by minority unions who specialize in nothing but simply gather members in various sectors with empty promises,” says Mr. De Klerk.
For enquiries phone Mr. De Klerk on 082 567 6638.
Issued on behalf of UNTU by Sonja Carstens, Media and Liaison Officer. For UNTU Press Releases e-mail sonja@untu.co.za or phone 082 463 6806.
