Friday, 31 July 2009
Further 1,5%
Salary Adjustments
In terms of the salary agreement, only BEMAWU members and non-unionised
members will receive the salary adjustment of 8.5% within the next few days,
backdated to 1 April.
Please ensure you have a BEMAWU deduction on your pay slip. If not, and you
have joined, or you want to join now, fax us an application form urgently,
to ensure you get your salary increase in time.
Mail us at headoffice@bemawu.org.za for a form.
Members outside the so-called bargaining unit
We wanted you to be included in this salary adjustment agreement. The SABC refused. Rumor has it that you will receive between 3 and 5% increase. We believe this is unfair. We will therefore start a process of negotiations with the SABC to negotiate a better and proper increase for you. We (and you) are entitled to collective bargaining in terms of the Labor Relations Act. The process will be as follows:
We want a mandate from you to start this process. Do so by sending us an email or sms. Email to headoffice@bemawu.org.za or sms to 0829208669.
We will negotiate for BEMAWU members only. This will make it easier for the SABC to agree, as non-unionised members will still only receive their 3-5%.
If you mandate us to start the negotiations, please do not accept a salary increase you not happy with. If a salary increase is imposed on you unilaterally, let us know immediately and we will do the necessary legal correspondence.
Please provide us with your mandate as soon as possible.
Sent via my BlackBerry from Vodacom!
Thursday, 30 July 2009
Proposed Agreement (We have not signed as yet)
Hereunder the proposed agreement. A sms will be send to you to finally mandate us to accept or reject this offer. Please read through the agreement before responding to the sms. Your response via sms should simply be "Accept" or "Reject".
If you fall outside the so-called bargaining unit, we will start a process to negotiate for you in particular.
____________________________________________
MEMORANDUM OF AGREEMENT
ENTERED INTO BETWEEN
THE SOUTH AFRICAN BROADCASTING CORPORATION LIMITED
( HEREINAFTER REFERRED TO AS "THE SABC" )
AND
BROADCASTING, ELECTRONIC MEDIA & ALLIED WORKERS
( HEREINAFTER REFERRED TO AS "BEMAWU" )
1. OBJECTIVE
1.1 To provide for the annual general salary adjustment for employees for the financial year 2009/10.
2. SCOPE OF APPLICATION
2.1 This agreement will be applicable to:
2.2.1 Employees who are employed by the SABC falling within the bargaining unit (scale codes 300-409) and those employees appointed in terms of fixed term contracts (scale code 600) falling within the bargaining unit;
2.2.2 Who are members in good standing of BEMAWU; and
2.2 The scope of this agreement excludes employees employed in terms of fixed terms contracts (scale code 900 ).
3. SALARY ADJUSTMENT
3.1 BEMAWU members in the bargaining unit as referred to in clause 2 above, will receive eight point five (8.5) % (percent) salary adjustment across the board (ATB) for the financial year 2009/10 and back paid to 1 April 2009; and
3.2 The referred to salary adjustment will be effected within five (5) days upon signing of this agreement.
4. DATE OF IMPLEMENTATION
4.1 This agreement shall come into effect on the date of signature hereof and shall remain in force until 31 March 2010, unless otherwise agreed to by the parties hereto in writing.
5. STATUS OF AGREEMENT
5.1 The parties furthermore agree that this agreement will constitute an amendment to the provisions of the Multi Term Agreement dated 8 July 2008 and therefore does not impact on the validity of the provisions of the Multi Term Agreement referred to above in any other manner.
6. FURTHER CONDITIONS
6.1 The parties furthermore specifically agree as follows:
6.1.1 The demand from BEMAWU for an additional one point
five (1.5) % salary increment to be effected, is subject to SABC
Board feedback in this regard and same will be given to BEMAWU on Friday 31 July 2009;
6.1.2 That the parties will negotiate on how the remaining two point two (2.2) % salary increment could be utilised in respect of BEMAWU members.
6.1.3 That the SABC agrees to follow process to:
6.1.3.1 Scale down the petrol card and maintenance of car expenses of Top & Senior Managers;
6.1.3.2 Scale down on DSTV allowances for Top & Senior Managers to employees that really need it for the execution of their duties;
6.1.3.3 Scale down on free newspapers for Top & Senior Managers to employees that really need it for the execution of their duties;
6.1.3.4 Review the processes mentioned in 6.1.3.1 to 6.1.3.3, on an ongoing basis, with a view to restoring or phasing out the benefits completely, subject to the financial well being of the SABC and the availability of funds.
6.1.3.4 That the SABC will take immediate action in terms of the Public Finance Management Act to sue and to criminally prosecute, where applicable employees guilty of fruitless and wasteful expenditure including fraud, theft and other unauthorized financial losses.
6.1.4 That the investigation currently being conducted by the Auditor General to continue to its logic conclusion and that the parties will at all times co-operate in this regard. All outstanding Internal Audit Reports will also receive management’s urgent attention and action;
6.1.5 BEMAWU agrees to provisionally withdraw the dispute referred to the CCMA in respect of the salary increases which has been set down for 12 August 2009. Should the SABC be in breach of any of the clauses of this agreement, the parties agree that BEMAWU may re-enroll its dispute for arbitration as per the current referral to the CCMA for arbitration;
6.1.6 Should the feedback from the SABC Board be that the SABC will not effect a further one point five (1.5) % then BEMAWU has the right to proceed with its dispute set down for 12 August 2009 at the CCMA to effect the full twelve point two (12.2)%.
6.2 Should any other employee receive a better increase or better conditions as reflected in this agreement, those better increases and/or condition(s) will be extended automatically to BEMAWU members as well.
7. INTERPRETATION AND APPLICATION
7.1 In the event of any conflict between the provisions of this agreement and any other agreement, the provisions of this agreement shall take precedence; and
7.2 No amendments to this agreement shall be in force unless reduced to writing and signed by the parties.
8. DISPUTE RESOLUTION
8.1 Should there be a dispute about the interpretation or application of this agreement, any party may refer the dispute to the Council for Conciliation, Mediation and Arbitration (CCMA) for adjudication.
THUS DONE AND SIGNED AT JOHANNESBURG ON THIS …… DAY OF ……………….. 2009.
Wednesday, 29 July 2009
Intimidation
We will not tolerate this behavior of individuals at all. BEMAWU has followed a democratic process to ballot our members in respect of the acceptance of the SABC's offer. The overwhelming majority of our members voted in favor of accepting the SABC's offer on the conditions stipulated by us. We respect that majority vote. We at the same expect other employees to respect that democratic process and the outcome of same as we respect their right to strike. We are jointly in this dispute as organized labor and we remain committed to the cause of workers and unity of Organised labor.
However, the acts of intimidation is now threatening the unity of organized labor.
BEMAWU is not in bed with management, as certain individual would like to propagate in their cheap recruitment campaigns. We have pulled off a full blown strike at Lotus FM last week and we will continue with that strike if our demands are not met. We are on strike there because members have voted in favor of a strike. If we were in bed with management, why are we on strike then at Lotus?
So why are we prepared to sign the agreement? We are giving effect to the ballot we have conducted. In other word, we received a mandate to settle the dispute. Similar to what MWASA did last year when they signed the multi-term agreement with the SABC without us or CWU agreeing and signing the agreement. They did that because one would presume they had mandate from their members to sign. We presume that is why they consulted us to inform us they have signed. The CWU followed suit and signed the agreement without talking to BEMAWU. Presumably at that point in time it was more important to adhere to member's mandate to sign and accept than to stick with organized labor.
Putting differently, they followed mandate as we doing now.
The majority of our members believe the offer of 8,5% with a further 1,5% in acceptable in the current circumstances, and they have mandated us to accept the offer. The remaining 2,2% will not disappear. We believe we have secured it for further negotiations.
We have reported the intimidation to the SABC and the Police. Anyone intimidating any of our members will be criminally prosecuted. The SABC ensured us they will guarantee the safety of our members.
We request that all intimidation incidents be reported to us to ensure prosecution.
We are the SABC, and we are supposed to be professional and step with human rights and democracy.
Sent via my BlackBerry from Vodacom!
The Pension Fund Act
15E Utilisation of surplus for benefit of employer
(1) Notwithstanding anything to the contrary in the rules a participating employer may request the board to use
actuarial surplus allocated to the employer surplus account in terms of sections 15B, 15C and 15F for use by that employer
for any of the following purposes, namely -
(a) funding a contribution holiday;
(b) payment of pensions, or an increase in pensions in course of payment, so as to compensate members for
the loss of any subsidy from the employer of their medical costs after retirement;
(c) meeting, in full or in part, expenses which the employer is obliged to pay in terms of the rules of the fund;
(d) improving the benefits payable to all members, or a category of members as defined in the rules, as
determined by the employer;
(e) transferring part, or all, of the employer surplus account in terms of subsection (2) to the employer
surplus account in another fund where the employer is a participating employer;
(f) on liquidation of the fund in terms of sections 28 or 29, payment in cash to the employer in terms of
section 15I; and
(g) in order to avoid retrenchment of a significant proportion of the workforce, payment in cash to the
employer in terms of section 15J:
Provided that the members of the board who have been elected by members of the fund shall not have a vote in any deliberation over the use of any credit balance in the employer surplus account.
Tuesday, 28 July 2009
Our Conditions
settlement of the wage dispute between the SABC and BEMAWU. It goes without saying that the 8.5% must be backdated to 1 April 2009 and that this submission is without prejudice.
28 July 2009
The General Manager
Employee Relations
SABC
Dear Edwin,
Herewith the conditions:
BEMAWU is prepared to accept 8.5% ATB increase to be implemented with
immediate effect for our members on condition:
* That we will negotiate the implementation date of a further 1.5%
in this current financial year, to be implemented by no later than 1
December 2009,
* That we will negotiate the difference, being (2.2%) at a later
stage and not necessarily to be implemented in this financial year. This
2.2% could also be allocated, by agreement to regrade employees on merit and
in terms of policy.
* That Top and Senior Management start paying for their own petrol
and maintenance cost which they currently receiving for free,
* That Top and Senior Management start paying for their own DSTV,
which they currently receiving for free,
* That Top and Senior Management start paying for their newspapers,
which they currently receiving for free,
* That all outstanding audit reports be actioned with immediate
effect,
* That all fruitless and wasteful expenditure being addressed with
immediate effect and the employees involved be sued and prosecuted as per
the Public Finance Management Act,
* That if any other union negotiates a better increase, BEMAWU
members be entitled to same. (Sunset clause)
Sincerely,
Hannes du Buisson
President : BEMAWU
Pension Fund
contribution to the Pension Fund. In terms of the Pension Fund Act it
appears as if the SABC is entitled to take what is called a "contribution
holiday". We will study the Act in depth to make sure the SABC operates
within the boundaries of the Pension Fund Act.
It is a term and condition of employment that the SABC contributes 14% to
the pension fund.
We have a Defined Benefit Fund, which effectively means the SABC has to
ensure that the Fund stays healthy at all times.
Friday, 24 July 2009
Retrenchments
Retrenchments must start with management, then with freelancers and not the staff.
We request that staff submit names to us of managers doing nothing and who does not have a job or real function. We will put those names forward as the first ones to go. Then we will look at freelancers who are not a member of our union.
Mail us at headoffice@bemawu.org.za
We will soon put a moratorium on the joining of new members until after the retrenchments. We are not prepared to take on new members at the point where they stand to loose their jobs. This will result in the union paying for legal costs should there be a dispute of members who has never contributed to the union before. BEMAWU will only fight for its own members, freelance and permanent and we will try to make sure our members have continued employment at the SABC.
JOIN BEFORE IT IS TOO LATE.
Coffe mugs and memory sticks
We take it the financial crisis is now over and the SABC can afford the full 12.2% increase and all TV producers will be paid in full by the end of this month.
BEMAWU's Position re Salaries
To clarify:
1. The SABC and BEMAWU (and other unions) signed a multi-term agreement for a three (3) year salary increase. In terms of that agreement the SABC must implement the average CPI-X plus 1% for this year. It is common cause that the CPI-X average is 11.2%. The SABC is therefore legally bound to implement at 1 April 2009 the 12.2% increase.
2. There is no opt-out clause in the agreement, in particular there is no clause that the SABC does not have to implement the CPI-X plus 1%. There is only a clause that states that any party may re-open negotiations. Negotiations mean parties talk to each other and come to an agreement and a new agreement is then concluded, or there is no agreement, and the current agreement remains in force.
3. We have complied with our part of the agreement, to enter into negotiations with the SABC. There is currently no agreement, therefore the agreement of CPI-X plus 1% remains in force.
4. We have an arbitration date for 12 August 2009. Should we fail to reach agreement on a lower salary increase the arbitration will continue. As has been stated by Employee Relations previously, the arbitration will be formality for us to win. They however intent raising a technical point in respect of the classification of our dispute.
5. The other two unions abandoned their member's right to the 12.2% increase. BEMAWU decided to not do that, but to insist that our members have the right to a 12.2% increase.
6. On the basis that they have abandoned their member's right to the 12.2% increase, the CCMA issued a certificate for them to strike.
7. We also served a notice of a strike on the SABC is in respect of a secondary strike. In other word, in sympathy of the other two unions.
8. The SABC has offered a 8.5% increase with immediate effect and a further 1.5%. In respect of the further 1.5% we have to negotiate the implementation date thereof. The chairperson of the board in a subsequent meeting attempted to withdraw the 1.5%. We did not accept that withdrawal. We believe if an offer has been made by the GCEO of the SABC, it is legitimate and must be honoured.
9. Based on this offer, and also an undertaking that we will be able to in future negotiate around the remaining 2.2% (8.5% plus 1.5% = 10%, difference to 12.2% = 2.2%) we balloted members.
10. The outcome of the ballot was in favour of accepting the offer, with certain conditions attached thereto.
11. We are now trying to meet with the SABC to finalise the agreement. Until such time that we have signed the agreement we are still able and in a position to strike. For instance, we don't know if the SABC will agree to all of the conditions we have tabled. If they don't we have the right to strike and to proceed with arbitration on the 12th of August 2009.
If you have any questions, please post it here under comments, and I will answer it as soon as possible.
Thursday, 23 July 2009
Strike at Lotus FM suspended for 7 days
Wednesday, 22 July 2009
Lies and cover-up
There is only one manager reporting to Ms. Samuels.
Yesterday he confronted Ms. Samuels about this statement. She denied that she has made this claim.
The SABC thus lied in their media release and they covered-up for Ms. Samuels.
The manager, our member will institute a grievance against the SABC media spokesperson today.
Tuesday, 21 July 2009
Did we sign?
We did not agree to an 8.5% increase. We are prepared to sign an agreement of 8.5% immediately, and negotiate on the implementation of the 1.5% committed to by the Acting GCEO. This is a 10% increase.
We have an in principle agreement with the Chairperson of the Board that we will sign an agreement with the SABC that would enable us to negotiate a further increase in respect of the remaining 2.2%.
BEMAWU did not abandon our right to the 12.2% as the other two unions did. We have maintained that there is an agreement of 12.2% and we have an arbitration date set for 12 August 2009. Should the SABC not settle with us before the time, we will proceed with arbitration and ask for the full 12.2%.
To be able to proceed with industrial action, the other two unions had to tell the Commissioner at the CCMA that they abandon their member's right to the 12.2% increase. Only BEMAWU members may claim that right of 12.2% at this point in time.
As the Plant Secretary of CWU has said "I did not agree at the time to abandon our member's right to 12.2%, but I was outvoted." It's called democracy, comrade. Question is, did the members understood what they voted for?
We hope to meet with the SABC as soon as possible to conclude an agreement. In the meantime the strike at Lotus FM continues, and we are calling on BEMAWU members in KZN and other regions to join.
This is a fight against bad management and fruitless and wastefull expenditure. This is a fight for the right to not be victimised when you blow the whistle on irregularities.
Monday, 20 July 2009
Outcome of Ballot
- That we will negotiate the implementation of a further 1.5% when the SABC's financial position are better,
- That we will negotiate the difference (2.2%) also at a later stage.
- That Top and Senior Management start paying for their own petrol and maintenance cost which they currently receiving for free,
- That Top and Senior Management start paying for their own DSTV, which they currently receiving for free,
- That Top and Senior Management start paying for their newspapers, which they currently receiving for free,
- That all outstanding reports be actioned with immediate effect,
- That all fruitless and wasteful expenditure being addressed with immediate effect and the employees involved be sued and prosecuted.
Meeting today
BEMAWU would once again like to confirm that we will personally communicate with our own members and we will personally send out our own invitations and communications.
There are individual SABC employees who pretend to speak on behalf of organised labour. Please ignore their communications. The statement for instance posted on another union's website alleging we do not endorse the new Board is false and misleading.
We speak on our own behalf and we will never appoint someone to speak on our behalf. If we do, this will be communicated to you.
Voting
You are required to vote as follows:
"Accept" - You accept the 8.5% increase to be implemented immediately, with a clause to negotiate a further increase when the SABC is in a better financial position (the promised 1.5% and the difference to 12.2%). This acceptance is on condition Top and Senior Management sacrifice their free petrol cards, free DSTV at home, free newspapers at home and all outstanding audit reports be actioned immediately.
"Strike" - You reject the above, demand a 12.% and want to proceed with a strike.
Lotus FM
MEDIA STATEMENT
SABC RESPONSE TO BEMAWU DEMANDS AROUND LOTUS FM STATION MANAGER
Johannesburg, 17 July 2009 – The SABC would like to comment that the demands by Bemawu in the particular case of Lotus FM Station Manger Ms. Gail Samuels to be removed or redeployed as well as the review of her disciplinary hearing are unreasonable and unlawful because these concerns raised by Bemawu on behalf of its members were addressed and investigated by Management. A disciplinary hearing was conducted whereby Ms. Samuels was given a final warning.
Ms. Samuels pleaded guilty during the hearing for matters that her own managers had not addressed and therefore took accountability as Station Manager. It would be unfortunate if Lotus FM employees decide to go on strike; on issues that management has been dealing with and are still willing to engage the union on, as per the outcome of the CCMA conciliation process held in Durban yesterday.
The SABC further confirms receipt of a notice for strike by Bemawu members, commencing 21 July 2009 at 14:00. The SABC will have no option but to take appropriate action to ensure that there is uninterrupted broadcast at Lotus FM. The principle of no work no pay will apply and any misconduct will be dealt with accordingly.
The SABC can as one of its options, apply for an interdict should a strike go out of order and threaten the peaceful order and the stability of the station. This should not be seen as a threat, but just one of the legal recourses at the disposal of the SABC.
ENDS
Issued By: Group Communications
Media Enquiries: Kaizer Kganyago
082 306 8888
OUR RESPONSE:
- Our demands are not unlawful and unreasonable. The CCMA has confirmed same.
- Our concerns have never been addressed, hence the matter remained unresolved at the CCMA,
- We have no faith in the internal disciplinary system of the SABC. It is usually manipulated by Management. Either to unlawfully dismiss employees they want to get rid off, like the Durban 4 or to protect management, like in this case.
- The CCMA has indicated in no uncertain terms the strike will be protected. To interdict would be another fruitless and wasteful expenditure. This also is a clear indication the SABC does have money. Any interdict will be defended with costs to the SABC.
- We are willing to address issues. There is still 24 hours left to do so. If there is no resolution, the strike will go ahead, as planned.
- The only outcome at the CCMA was that employees are entitled to strike.
Friday, 17 July 2009
Strike at Lotus FM
BEMAWU members at Lotus FM for some time now experienced serious differences with the Station Manager. They passed on information to internal audit which resulted in disciplinary action against the station manager.
After a disciplinary hearing the Station Manager only received a final written warning valid for 8 months.
Staff at Lotus are now victimised because of their participation in the audit.
We demand that the Station Manager lawfully be redeployed to another position, and that her disciplinary hearing be reviewed by a neutral third party.
Thursday, 16 July 2009
In perspective
This was not said in any negative or challenging and disrespectful manner. The SABC has made another R100M deficit in the past quarter. The total deficit is now approximately R960M according to Gab.
It is in that context she has said that it is our constitutional right to embark on a strike, but it will not change the financial position of the SABC and generate more money.
BEMAWU did not agree to the 8.5% increase. We had a meeting with our members where we have stated the factual situation to our members. We have explained that we are driven by a mandate. If the mandate is to proceed with a strike, we will continue to organise same in an as effective as possible manner. We have to ballot members and properly seek mandate for each proposal put by management. This is something required by every trade union's constitution. The shouting and screaming of a few individuals can not even by a healthy stretch of the imagination be seen as a mandate. Each and every member has the right to vote on issues where their salaries and income could be severely affected as a result of a strike and lockout. The fact that we said we will again ballot our members does not mean we have accepted anything.
BEMAWU was the last union to sign the multi-term agreement. We did not want to sign it because inter alia it was so poorly drafted that it could be interpreted in many ways.
We are still committed to the process and our mandate has not changed until the next ballot. If the majority of our members are prepared to conditionally accept the SABC's offer, we would be irresponsible if we ignore that and proceed with a strike. Equally, if members are not willing to accept the offer, we can and will not ignore that, and we will continue with the strike.
Wednesday, 15 July 2009
Meeting with new Chairperson of Sabc Board
It was a cordial meeting and Organised Labour expressed their trust and confidence in the new Board and its desire to work with the Board to rid the SABC of corruption and reckless spending. All three unions individually confirmed their confidence in the Board and commitment to stabilise the SABC.
Memorandum
We will again send out an sms ballot after the two days.
I will be in Durban today and tomorrow. Members at Lotus FM will be at the CCMA tomorrow to obtain a certificate to embark on a strike in respect of an unresolved grievance at the Station. Staff has no confidence in the manager who have been found guilty of serious transgressions. She has also removed the two top presenters, Vikash and Ray from the station.
Tuesday, 14 July 2009
Message to Urban Brew, Atlas Studios, other production facilities and freelancers
If you assist the SABC to continue to broadcast, it may have an effect on our strike. As the SABC has promised employees to pay, and is now reneging on that agreement, so they have done to you too. We have supported you in your attempt to get your money, please support us too. This strike is not only about a salary increase. It is also about responsible management and the ability to keep on functioning as a public broadcaster, but without the big spenders.
And maybe you will also not be paid for helping out. They had to be sued by their previous lawyer to be paid.
March
Bring some warm clothes. Its cold out here, both in terms if the weather and no increase.
Meeting with Board
Today will be for BEMAWU members only.
Monday, 13 July 2009
Plans for tomorrow
Our strike notice will only be effective from tomorrow. We will only by tomorrow notify the SABC when we will officially strike.
We have a BEMAWU only meeting tomorrow, 14 July at 14:00 in K1 Auditorium. We urge you to attend that meeting in order to get a clear mandate from you.
Meeting with chairperson of Board
Friday, 10 July 2009
Latest offer
Meeting with Gab
Minutes of meeting of 8 July
SABC
Bernard Koma
André Weber
Eddie Molokwane
Jaco van Staden
Liketso Mokokoane
Tseliso Ralitabo
Masaccha Mbonambi
ORGANIZED LABOUR
Themba Gasa
Billy Matsitse
Lungile Lushozi
Mimi Lushaba
Tommy Morudu
Hannes du Buisson
Ernest Dlamini
Nomthi Taukobong
Vulture Ntuluki
Scribe:
Ray Halim-Administrator: Bargaining Forum
Meeting convened with no welcome or introductions just organized labour stating that they were invited to this meeting and needed clarity on the purpose of the meeting and who they were representing.
Response:
Bernard Koma on behalf of the management team – thanked all and appreciated their attendance. He stated that the team was aware of the salary negotiations which have gone beyond expectations. He also confirmed that the team was put together by the GCEO to try and facilitate continued salary talks with organized labour and that the GCEO, CPO and Sipho Sithole will not be joining the meeting.
Response:
Organized Labour responded that at a meeting held on Monday, 6 July 2009 it was made clear to Management that they had started the process and labour expects them to continue with the process until concluded and this is the basis of labour's question as stated above –'who are you'.
Organized Labour continued to state that they had expected the Minister of Communication to be a part of this meeting as this was the undertaking from GCEO for a multi-party forum with the Minister.
Organized Labour also stated that previous communication was a problem with the GCEO and the wanted the mandate giver (the Minister) to attend the meeting for clarity on the situation, and now failed to understand why another level is introduced which will further complicate the communication.
It also was clear to organized labour that this team was not sure of the offer and so effectively was bringing nothing new to this table.
Organized Labour stated that it is a waste of time trying to discuss issues already on the table whilst the place (SABC) due to the strike is going to burn in a few days and meant it literally not figuratively that the SABC will be going off air in a few days.
Organized Labour wanted to know who made this decision to bring in a new team of negotiators. They stated that constructive meetings to resolve this issue were urgently required and that this is unprofessional behaviour demonstrated by the SABC Management. They also questioned why those who they have been in discussions who carry the mandate, is now distancing themselves.
Organized Labour further stated that if individuals in the organization had the interest of the organization at heart they should have engaged labour as early as February 2009. and perhaps labour would have agreed to a negotiated salary increase. Going one step forward and 15 back will be irresponsible from labour and it will not be able to explain to crowd seen outside why they have taken so many steps back.
Response:
Bernard Koma responded that he wanted to address 2 or 3 issues and stated that the team was not informed that the Minister would be required to attend this meeting. He also agreed that talks have been happening with the Group Executive and that they had decided that this team continue with the negotiations and requested perhaps one of the other team members to assist.
Eddie Molokwane requested a caucus as he felt it imperative that the team respond accordingly to the issues raised by Organized Labour.
Response:
Organized Labour stated that they had no intention of being rude, but a caucus would be futile if this team did not have a new mandate and that it was a waste of time to continue with this meeting.
Response:
Eddie Molokwane reiterated the purpose of the caucus was to give an informed and responsible response to the questions raised and once again requested a 5 minute caucus.
Response:
Organized Labour stated that meeting with this team was a problem as the GCEO had no time to caucus and had the answers immediately. Sitting with this team while they have to consult for a mandate while a strike is going to take the SABC off air is a waste of time and irresponsible. Labour just wants an answer 'YES or NO'.
Response:
Bernard Koma once again requested the 5 minute caucus and stated that the team will address that question after the caucus.
Response:
Organized Labour commented that it is no point as it is clear that there is no new mandate, and that the team should not say they do not have a new percentage as labour is aware that the team was briefed.
Response:
Tseliso Ralitabo – "I'm of the opinion that we should be given an opportunity to caucus in order to respond to your questions which obviously is in conflict with the brief. More importantly to have a sense of your understanding of a new mandate and I want a sense of the last mandate so that I can say whether we have a new mandate or not."
Response:
Organized Labour – "you see Cde that is creating and adding to the problem. You've made it a very, very big problem because if you don't even know what was said previously to us, on what basis do you come here and talk to us if you were not properly briefed. So what you are effectively saying is that you are going to run back to two weeks and now we will have to brief you and inform you on what was said and not said for you to get on speed if you don't know what the mandate what was last presented to us it is a serious problem – we take exception that we are getting that kind of treatment from the SABC side but let me help you the last offer was we don't know where the another 1.5% will come from whether it will come and how it will come – that's the last offer."
Tseliso Ralitabo – "thank you very much Cde that's what I wanted to know. I didn't not say I did not know what the last offer was I needed to calibrate your understanding of the last offer to compare what we have to say new or not."
Organized Labour agrees to caucus
Bernard Koma thanked labour for the caucus and requested Tseliso Ralitabo to address the meeting.
Tseliso Ralitabo's response - the team respects labours position as they were not aware of all the issues and stated that they will communicate same to principles as the continuation of this meeting would be in violation of agreements between Management and Labour. Tseliso Ralitabo also apologized for inviting labour to a meeting without full background to previous meetings.
Meeting closed.
Thursday, 09 July 2009
More lies...
This letter contains several lies....
Our response...
THE ACTING GROUP CHIEF EXECUTIVE
SABC
AUCKLAND PARK
Per E-mail
Dear Mr. Mampone,
SALARY NEGOTIATIONS
Your letter of even date has reference.
- We took note, with concern of the contents of your letter under reply and wish to place the following on record:
- We did not refuse to enter into negotiations with the SABC, we attended the said meeting,
- The SABC had no mandate at all, let alone a clear mandate, and it was so stated on the record,
- The team had no offer to make, they stated on record they had no mandate and they did not know what previous offer were made to organised labour.
2. We do not know what games are being played by management, but we believe management’s conduct is reprehensible and dangerous. The three unions at the SABC is about to enter into a full blown strike at the SABC and it appears as if management is not serious about the risk they are putting the public broadcaster at.
3. The offer put to organised labour now is no different to what has been put to us before. We will not and cannot accept offers that has no substance. By stating that the 1.5% is subject to formal approval by the SABC means the Board may not approve the 1.5%. The offer will then remains at 8.5% which have been rejected before.
4. We also note that reference is being made to the SABC Board. Parliament is currently busy calling for nominations for a new Board. This means we have to wait for the Board which will only be appointed after six (6) months before we will know whether the 1.5% has been approved or not.
We insist that you rectify the issues raised in paragraph 1 above. We have a recording of the meeting that will confirm what you have stated above, never transpired at the said meeting.
Sincerely,
Hannes du Buisson
President : BEMAWU
Wednesday, 08 July 2009
Meeting feedback
There is another lunchtime picket on Friday from 13:00 to 14:00.
Meeting with Gab
Tuesday, 07 July 2009
Another victory for BEMAWU!
Today the Labour Court dismissed the SABC’s review application with cost in the Durban 4 matter, ending a lengthy and extremely expensive legal battle between BEMAWU and the SABC.
In a nutshell this case is about four BEMAWU members employed in the Durban office. They tendered on obsolete SABC vehicles. The SABC alleged they have breached tender rules (tendering on behalf of someone else) and summarily dismissed them. They were reinstated by the CCMA. The SABC took the CCMA decision on review to the Labour Court and today the Labour Court ruled in favour of the Union confirming the reinstatement of the four BEMAWU members.
We have seen figures of more than R3 Million spent on only this one case by the SABC. The SABC Regional Management in Durban, Mr Zakes Dube and Nokotula Luthuli must be investigated by the Auditor General and they must personally be held accountable and liable for these expenses. How possibly can anyone justify these enormous expenses for such a simple matter? Civil and criminal charges for fruitless and wasteful expenditure must be investigated against them.
So Mr Dube, are you and Mrs Luthuli going to spent another R3 Million of SABC money to take the matter on appeal? And we want our legal cost to be paid without delay, or else we will again send the Sherriff to reposes the SABC’s property.
Our members in middle and senior management
No 10%
Why Strike
BEMAWU has always been a responsible and professional union. We have, consistently remain the largest union at the SABC and continue to fight for the rights of our members.
Had the SABC followed sound practice (as BEMAWU had), its calculations would have shown that the CPI-X would pitch higher than 9%. The SABC was then supposed to have re-opened negotiations . It however failed to do so. The SABC waited until after the implementation date of 1 April and still failed to properly negotiate with BEMAWU. At the implementation date, and in absence of a new agreement, the SABC became liable for the CPI-X plus 1% (12.2%). As a result, the SABC is, and will remain liable for this percentage until it has negotiated a new percentage.
The two other [SABC] unions referred disputes to the CCMA as “interest” disputes, whilst BEMAWU referred a “rights” dispute. An interest dispute is something you are not entitled to, but which you believe you can enforce by means on industrial action. A “rights” dispute is something you believe you have a clear right to, which may only be enforced via litigation (CCMA, Court). The other two unions had to abandon their right to the 12.2% increase in order to get permission to go on strike, and they did so at the CCMA and the Labour Court. The Labour Court granted permission for a strike.
BEMAWU still believes its members are entitled to the 12.2% increase and it should be enforced via arbitration. BEMAWU has indeed received a setdown notice for arbitration at the CCMA for 12 August 2009. However, in light of the Labour Court ruling that the dispute is a dispute of interest, BEMAWU approached SABC management yesterday to clarify what its stance would be at the CCMA on 12 August. If we wait until then, and they (the SABC) present the Labour Court ruling it may well be that the CCMA rules that our dispute is a dispute of interest too. BEMAWU will then not be able to proceed with arbitration.
The way forward.
Today BEMAWU will give the SABC seven days notice; as required in terms of the Act. A “BEMAWU only” meeting will be held before we embark on any full scale industrial action. At the meeting members will discuss inter alia whether we should indeed proceed with a full scale strike, how this should be approached to maximum effective.
BEMAWU is hopeful that it will not be necessary to strike to reach agreement with the SABC. Members are however in control of the mandate, and have voted to proceed with a strike. “If you are prepared to accept a lower increase, we will discuss it in the meeting to follow this week.” BEMAWU will again meet with management and there is a possibility of a meeting with the Minister to try and reach agreement.
The medical doctors went on strike to improve their conditions of employment. They have decided to stand up and fight for not only their livelihoods, but for the sake of their families and because they owe it to them. It is not a crime or a shame to exercise constitutional rights and to strike.
Remember to visit our blog at http://bemawu.blogspot.com for instant news and updates. E-mails have become a very cumbersome and difficult way to communicate as it is constantly blocked and delayed.
Monday, 06 July 2009
Strike Ballot outcome
Date for Arbitration
Strike Ballot
This is nothing new.
The SABC has committed itself to CPI-X plus 1%. This is not in dispute. It is also not in dispute that it adds up to 12.2%.
We hear no commitment or negotiations in respect of the difference between 8.5% and 12.2%. Management keeps on saying we know we owe you 12.2%, but they are not prepared to commit on the difference.
The only commitment that came out of the meeting was that they will now take action against managers who have been implicated in audit reports.
We will only believe them once they start suspending those managers.
Please remember to attend the ballot at 12:00 today at K1 Auditorium.