Procedure Unprotected Strike - Delvenco by qingqing19771029

VIEWS: 0 PAGES: 2

									    PROCEDURE IN THE EVENT OF AN UNPROTECTED STRIKE
                                                                    Date
               Delvenco [Pty]Ltd                                  April 2008

A strike is defined as the partial or complete concerted refusal to work or the retardation
  or obstruction of work by people who are, or who have been employed by the same
   employer or by different employers for the purpose of remedying any grievance or
              resolving a dispute in respect of any matter of mutual interest.

So what action do you take in the event of an illegal strike/work stoppage?

Assess the mood of the strike:
    how many and who are involved
    what degree of support they have
    whether they are armed with sticks, etc
    their demands
    union involved
    which areas are affected
    what action (if any) has been taken so far

      Request the workers to appoint 3 (three) spokesmen to discuss their grievances
       with management and to report back to the workers.
      Assure the staff that the spokesperson(s) will not be victimised as this may be a
       fear.
      As time problems may be difficult to indentify, if possible put some questions to
       the spokesperson(s) in order to clarify issues.
      Try to negotiate even with informal representatives.
      If the workers belong to a trade union, immediately talk to the local union official
       and advise him of the illegal strike and request their presence.
      Do not expect a strike to be resolved easily. Read the mood of the strikers.
      Do not enter into discussions with the strikers en masse and insist on
       spokesmen.

Strike diary
A “strike diary” should be implemented immediately to record events during the strike.
Information and evidence will be useful in the event of a court hearing. A video should be
available for recording incidents.

First ultimatum to return to work
The written ultimatum must have a reasonable time period and should not be coupled
with any other unreasonable or unfair demand. The ultimatum should be read out and
interpreted to the workers. A copy of the ultimatum must be sent by fax to the trade
union (if they are not present at the strike). A copy of the ultimatum must be placed on
the notice board. Finally a copy of the ultimatum should be handed to the spokesperson
who must sign for receipt thereof.

Second ultimatum to return to work
Once again the written ultimatum must have a reasonable time period and should not be
coupled with any other unreasonable or unfair demand. The ultimatum should be read
out and interpreted to the workers. A copy of the ultimatum must be sent by fax to the
trade union (if they are not present at the strike). A copy of the ultimatum must be placed
on the notice board. Finally a copy of the ultimatum should be handed to the
spokesperson who must sign for receipt thereof.


Final ultimatum to return to work
The final ultimatum must have a reasonable time period and should not be coupled with
any other unreasonable or unfair demand. The ultimatum should be read out and
interpreted to the workers. A copy of the ultimatum must be sent y fax to the trade union
(if they are not present at the strike). A copy of the ultimatum must be placed on the
notice board. Finally a copy of the ultimatum should be handed to the spokesperson who
must sign for receipt thereof.

What if the workers return to work after the first or second ultimatum?
The ultimatums clearly state that the company reserves the right to take disciplinary
action (irrespective of whether the staff return to work or not). If the workers return to
work after the first or second ultimatum you are entitled to discipline the staff for
participating in unlawful industrial action.

What if the workers don’t return to work after the final ultimatum?
Should the workers fail to return to work after the final ultimatum has expired, then you
may issues notices of suspension to all the employees involved in the illegal industrial
action, together with a notice to attend a disciplinary hearing.

Remember that whether staff do or do not return to work as requested, if they have
caused damage to company property they may be disciplined for this misconduct as
well.

								
To top