Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Chemical IndustryGlass Sector2023/2025 Collective AgreementChapter 11 - Path to Zero Harm, Just Transition and Strikes29. Strikes and Lockouts |
The Strike and Picketing Rules shall continue to apply to the Glass Sector, and the parties agreed on the proposed amendments to the Picketing Rules.
Code of conduct
In the interest of industrial peace, the parties have agreed to the following Code of Good Conduct which will apply to their respective members during industrial action.
Procedure
Before the Union/s embark on industrial action, it/they must exhaust all available procedure and process in terms of dispute resolutions.
The Management will meet with the shop stewards on strike, to discuss the problems related to the strike action, with the intention of reaching mutual agreement.
The shop stewards of the Union’s will endeavour to ensure that the above Code of Conduct is adhered to all times when there is industrial action.
When Union members embark on strike action, the Union/s shall advise management of names of the shop stewards who will be marshalling the striking workers on site in the prescribed area, as well as the name of the Union officials to be contacted on a 24 hour basis.
During a period of industrial action, all services personnel (canteen, first and human resources, etc) will be utilized to support the running of the plant and hence only limited service will be available.
Union members working at above stated services who have elected to participate -in strike action will be allowed to exercise their democratic right to do so.
Employers will exercise their individual democratic rights of deciding whether to participate in the strike or not.
Strike Rules
Only those employees in the Bargaining Unit and who have voluntary elected to participate in the protected strike action may do so.
The 'no work, no pay' rule will apply to those employees participating in the strike.
Subject to their compliance with these rules, employees participating in the strike will be entitled to access to a prescribed area during normal office hours for the duration of the strike. The prescribed area will be agreed at each factory/plant.
All employees who are on strike will remain in the prescribed area as designated from time to
time.
Should employees who are participating in the industrial action gather in an area other than the designated area, such employees shall, upon notification from the employer, immediately leave the area to which they have moved in a peaceful and orderly manner. The Union/s undertake, at the request of the employer, to ensure that defaulting persons immediately return to the designation area.
Employees who decide to return to work during a strike will do so without interference from striking employees.
Such striking employees shall at all times observe and comply with the Company's normal security regulations.
Striking employees shall at all times conduct themselves in a peaceful and orderly manner and shall not:
1. | Threaten, intimidate or assault any employee in any manner whatsoever. |
2. | Enter the Company's work area or any area where machinery and equipment is situated, including on the production floor or office areas. |
3. | Engage in any form of violence, intimidation or damage to Company property or property of personnel or suppliers to the Company. |
4. | Be in possession of any dangerous weapons such as firearms, pangas or any such offensive weapons, or (in) flammable materials. |
5. | Engage in unauthorized use of Company equipment, vehicles or materials. |
6. | Have liquor or drugs in his/her possession whilst on Company premises. The Company reserves the right to remove, in an orderly fashion and without the involvement of the SAPS, any employee participating in the strike who is under the influence of alcohol and/or drugs. |
7. | Physically prevent members of the public, including customers, other employees, and service providers from gaining access to or leaving the employer's premises. |
There will be no littering of Company premises and use will be made of refuse facilities which will be provided by employer.