Council toothless against municipal saboteurs, strike to continue indefinitely
There was a sombre atmosphere in council during today's special sitting, where council decided unanimously in the absence of the EFF, to refer the ongoing municipal strike to the Bargaining Council and SA Local Government Association (Salga) for further intervention, as the grading of the municipality remains a national competency and not council's prerogative.
Council declared itself toothless against striking employees, further resolving that the matter be left to Municipal Manager, advocate Bheki Khenisa, to deal with as he sees fit, and report back to the incoming council, which will be voted in next week.
Salga essentially muzzled council Monday night, with the issuing of a directive to council to not enter into any agreement that will compromise the municipality negatively.
Salga noted the duration of the strike and that an interdict had been obtained by the municipality against the unprotected strike.
The municipality’s organised labour is demanding that the municipality implements the grading of the municipality to grade 5, with reference to a 21st Century draft report developed in 2017 and adopted by parties at the Local Government Bargaining Council.
Negotiations between the municipality have been ongoing at the Local Labour Forum (LLF), but Salga says that the grading discussion does not fall within the scope of the LLF, as it is a matter of negotiations at the Central Bargaining Council level.
“The Main Collective Agreement (MCA) stipulates in terms of clause 10 of the levels of collective bargaining, whereby clause 10.2.1 determines that salary and wages are a matter of collective bargaining at a central level,” Salga advised.
Clause 11.8.2.1.1 of the MCA stipulates that the LLF shall have powers and functions of negotiating or consulting on matters of mutual concern pertaining to the workplace, and which do not form the subject matter of negotiations at the Council, or its divisions.
In light of the clear lack of negotiating power on LLF level, Salga advised the municipality as follows:
• That the municipality does not enter into any form of agreement on the grading of the municipality as it will be in contradiction with the MCA.
• That the interdict against the workers be enforced and that the municipality strictly applies the no work, no pay policy, and where applicable, start disciplinary procedures against all employees involved in illegal actions.
The municipality’s payroll ran on October 23, with council acknowledging payment for a month’s work, while strikers were drinking and lounging around the magasyn.
The workforce warned earlier today that the strike will continue, depending on what council decided today.
Mr Khenisa will now petition Salga and the Central Bargaining Council for further guidance.
