Principles of Picketing

This Code of Practice is intended to provide the rules and guidance for picketing on or off the employer's premises during a protected strike or in opposition to any lock-out.

It must be used by those members who may be contemplating organizing or taking part in a picket as well as by the employer and the general public which may be affected by the picket.

GIEA recognizes the right of persons to assemble, demonstrate, picket and present petitions in terms of Section 69 of the Labour Relations Act, No.66 of 1995. These actions shall be exercised -both peacefully and unarmed.

Any picket which is not in support of a protected strike or against lockouts will not be protected by the LRA.

Authorisation

The picket must be authorised by the registered trade union and authorisation must be in accordance with the Union/s constitution. The Union/s shall notify the GIEA / the Company. whichever is applicable before commencement of the picket.

Purpose

The purpose of the picket may be to peacefully:

Rules and Conduct of the Picket

Notification to picket by the Union/s shall be in writing and provided to the employer at least 24 hours in advance of the picket. The notice shall include the name of the convenor -to oversee the picket who shall be a member or official of the Union/s who understands the rules of the LRA in terms of strikes, lock-outs and pickets.

Upon reaching agreement with the employer, whose permission shall not be unreasonably withheld on the following -matters, a picket will take place on the employer 's premises.

Union officials and striking employees will conduct themselves m a peaceful and lawful manner and may:

Picketing employees may not:

Secondary Strikes and Pickets.

To picket or strike at the Company is support of a strike as contemplated in terms of Section 66 of the Act, the Union and its -members must ensure that all requirements of this agreement, as well as Section 66 of the Act, are met.

The strike that is to be supported by the secondary strike must be a protected strike. The Company must have received a written notice of the strike at least seven (7) days prior to the secondary strike taking place.

The secondary strike must be reasonable -in relation to the direct or indirect effect that it may have on the business of the primary employer.

Members participating in the secondary strike must hold any picket off the premises unless permission is granted for the picket to be held in a specific area within the premises. Permission- shall not unreasonably be denied, however the Company shall have the right lo ensure the safety, security, and continuation of its normal business.

General Rights, Obligations and Immunity

Employees who take part in a picket protected in terms of this Act do not commit a delict or a breach of contract. This means that the employer may not sue a person or Union/s for damages caused by a picket.

The employer will not take disciplinary action against an employee for participating in a lawful picket.

Where the employee's conduct during a strike or picket is deemed to constitute misconduct. the employer may institute disciplinary inquires in accordance with existing procedures at each plant.

Terms and Agreement

This agreement shall subsist until replaced by another agreement or by rules imposed by CCMA.