PICKETING RULES. Commissioner: Bernard van Eck Case No.: NWKD271/14 Date of Award: 22 January In the MATTER between: AMCU (Union) And

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1 PICKETING RULES Commissioner: Bernard van Eck Case No.: NWKD271/14 Date of Award: 22 January 2014 In the MATTER between: AMCU (Union) And IMPALA PLATINUM LTD (Employer) Applicant s representative: None Applicant s address: PO Box 4566 WITBANK 1035 Telephone: (013) Telefax: (013) Respondent s representative: Mr. ZC Maphoso Respondent s address: PO Box 5683 RUSTENBURG 0300 Telephone: (014) Telefax: (014)

2 DETAILS OF HEARING AND REPRESENTATION [1] The Employer has, on 20 January 2014, submitted a Form 4.1 wherein they sought the CCMA s intervention in establishing picketing rules for the anticipated strike action that is due to commence at their workplace on 23 January The facilitation process was scheduled to take place on 22 January 2014 at 12H30 at the offices of the CCMA in Rustenburg. [2] The employer party attended the proceedings and was represented by Messrs. M Patel and CZ Maphoso, whilst the union failed to put in an appearance on the day. The CCMA has however received correspondence from the union wherein it was indicated that they would not be attending the proceedings for the fact that they were required to attend to a Labour Court matter on the same date. Furthermore, the employer submitted that they had sought to secure a meeting with the union in order to discuss the issue of picketing rules, but that they were unsuccessful in this regard. [3] In the instance I had then proceeded with the matter by allowing the employer party to make representations in respect of the picketing rules and how they envisage the outlay of these rules. BACKGROUND TO THE MATTER [4] The Respondent operates and conducts business in the mining industry, producing platinum group metals. Following the parties inability to reach agreement regarding wages and other conditions of employment, the union has issued notice of its intention to embark on strike action in furtherance of their demands. The notice of the intended strike was issued on 20 January 2014, whilst the strike is due to commence on 23 January ISSUE TO BE DETERMINED [5] With due consideration of the Code of Good Practice on Picketing as well as the employer s submissions in this regard, I am required to determine Picketing Rules for all of the employer s operations.

3 PREAMBLE [6] The purpose of the picket is to peacefully encourage non-striking employees and members of the public to oppose a lock-out or to support strikers involved in a protected strike. The nature of that support can vary. It may be to encourage employees not to work during the strike or lock-out. It may be to dissuade replacement labour from working. It may also be to persuade members of the public or other employers and their employees not to do business with the employer. Although the picket may be held in any place to which the public has access, the picket may not interfere with the constitutional rights of other persons. [7] PICKETING RULES After having had due consideration of the Code of Good Practice on Picketing, as well as the employer s representations in this regard, including the physical layout of the employer s premises, I thus direct as follows: [7.1] AUTHORIZATION A picket contemplated in section 69 of the Act must be authorized by a registered trade union. The authorization must be made in accordance with the trade union's constitution. That means that there must either be a resolution authorizing the picket or a resolution permitting a trade union official to authorize a picket in terms of section 69(1) of the Act. The actual authorization should be formal and in writing. A copy of the resolution and, if necessary, the formal authorization must be served on the employer before the commencement of the picket. The authorization applies only to its members and its supporters. [7.2] WHO MAY PICKET Employees of the company in the bargaining unit, as defined in the recognition agreement entered into between the employer and AMCU on 10 July 2013, and union officials who may be contemplating, organizing or taking part in a picket.

4 [7.3] CONVENER The convener of the picket will be the chairperson of each respective shaft committee. These persons should have in their possession, at all relevant times, a copy of section 69 of this Act, these Picketing Rules and a copy of the resolution and formal authorization of the picket by the registered trade union. [7.4] RESPONSIBLE COMPANY OFFICER The company officer responsible for the upholding of the picketing rules by the employer will be Mr. Z Maphoso and all communication in respect of any picket will be directed only to him. [7.5] PICKET MARSHALS The union shall ensure that there are two picket marshals present during every picket to oversee and control the picket, who will be the recognized shop stewards and will wear distinguishing armbands and will be present for the full duration of the picket. [7.6] CONDUCT OF THE PARTIES The picketers must conduct themselves in a peaceful, unarmed and lawful manner. They may- (a) carry placards; (b) chant slogans; and (c) sing and dance. Picketers may not- (a) physically prevent members of the public, including customers, service providers as well as other employees, from gaining access to or leaving the employers premises; (b) obstruct vehicles or traffic entering or leaving the company premises or obstruct the flow of traffic on any public road; (c) damage or threaten to damage company property or property of other employees / customers / service providers / general public.

5 (d) commit any other action which may be unlawful, including but not limited to any action which is, or may be perceived to be violent; (e) until appropriate arrangements have been made with the SAPS or other local authorities to ensure that no interference with traffic takes place, picket on a public road; Management and picketers will refrain from behaviour which is provocative and could incite violence or intimidation. Picketers may not interfere with other employees, including temporary replacement labour, production processes and other members of public. No weapons, including but not limited to iron bars, knives, pangas, sticks, knobkieries, stones and firearms may be carried by any person partaking in a picket or by any member of management dealing with the picket. The union must ensure that shop stewards and picket marshals will remain present during the entire course of the picket. If picketers are picketing at different locations, two marshals will be present at each picket. No alcohol or any other intoxicating substances will be allowed at any of the picketing sites and the marshals shall prevent any individual who is under the influence of alcohol or any intoxicating substance to take part in a picket. [7.7] LOCATION OF PICKETS Picketers may gather at the following locations only: SIMUNYE RESIDENCE RATANANG RESIDENCE Mass meetings may be held at the following locations and only at times agreed between the employer and the union:

6 SIMUNYE RESIDENCE RATANANG RESIDENCE [7.8] In order for picketers to communicate peacefully with anyone seeking to enter or leave any of the employer s premises, a total of four (4) picketers are allowed at each venue where the entrance and exit gates are at the same location. In instances where the entrance and exit gates are at different locations, a total of two (2) picketers will be allowed at each such gate. [7.9] FACILITIES TO BE MADE AVAILABLE TO PICKETERS Union officials, picket marshals and shop stewards may, with the permission of the responsible company officer, utilise the telephone in the guard houses for business related to the picket(s). The employer must ensure that there are toilet facilities, running water and shelter available for picketers in each of the designated areas. [7.10] DISPUTES Any dispute in terms of the picketing rules or any alleged infringement thereof will be dealt with in terms of section 69(8) of the Act. This done and signed at RUSTENBURG on 22 JANUARY 2014.

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