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.

We have stated on record that industrial action is a last resort. Our decision as a union to go on strike, is reserved for the most serious issues.

Our SABC is stands on the brink of total destruction. The proud organization we have built up over many years has made headlines in the world and local news; driven by fruitless and wasteful expenditure, corruption, political interference and in-fighting. Most notably however, is the financial situation the SABC finds itself in.

Last year during salary negotiations a multi-term salary agreement was proposed by management. This was to ensure labour peace during the Confederations Cup and the World Cup Soccer in 2010. BEMAWU initially refused to sign the agreement, because it was drafted in such a manner that our members could have been severely prejudiced by it. The prejudice was if the CPI-X was to be very low, i.e 4%, our salary increase for 2009 would have been 5 %.

However, towards November last year [2008] we realized that the CPI-X would pitch high, in which event the agreement would favour the members. BEMAWU signed the agreement. The agreement has a clause which stipulates if the average CPI-X goes below 4% or reaches 9% and above, any party may re-open negotiations. It is common knowledge that the average CPI-X for the year was 11.2%. In terms of the agreement the SABC is obliged to increase salaries by 12.2%. It has failed to do so.

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 SABC has made several offers, which were rejected by BEMAWU. In a nutshell we rejected these offers because they [the offers] did not address the implementation of the 12.2%.

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.

Based on that, and other factors, BEMAWU has decided to ballot its members on a strike. At this point in time it will be a secondary strike; this would be considered a sympathy strike. The outcome of the ballot was in favour of a strike.

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.

Some members voted against a strike; it is a democratic right to not go on strike and nobody will force or intimidate a member to strike, should we proceed with a strike. We are urging members to please attend the meeting that is scheduled for this week to voice your opinion.. “Come and listen to what others are saying why they want to go on strike. Come and ask questions which cannot be answered and discussed here.”

Most importantly, BEMAWU urges its members not to resign from the union if they do not want to go on strike. By doing so its members are playing into management’s hands in more than one way. It has been said openly that the SABC will have to retrench. “If you are not a union member, no-one will fight for you, and you may become a victim. We are fighting collectively for better conditions of employment for all. But our fist priority will always be our own members.” BEMAWU has made proposals in the past and it has done so again that a higher percentage increase should be awarded to unions members. This will save some money as a third of the bargaining unit is not unionized. Management is on record that they prefer that all employees belong to a union. If you are no longer a union member, you may find yourself in a group that will receive no increase at all, or maybe a lower percentage increase.

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.

Update on Salary Increase

On Thursday, 21 May 2009 BEMAWU served a letter of demand on the SABC to effect the CPIX + 1% increase in terms of the Multi-term agreement signed last year. We made it clear we will proceed with legal action should the SABC not implement the 12%. We were called to an urgent meeting on Friday, 22 May 2009 with Khanyi Mkhonza and Mr. Andile Mbeki of the Board. The CPO, CFO and other members of the Board/Management also attended.

We made it clear that we are not there to negotiate a percentage increase, but that we want to enforce our right in terms of the Multi-term Agreement.

The SABC admitted and acknowledged that SABC employees are entitled to the 12% increase. They explained the financial difficulty they are finding themselves in to us (again), and undertook to report back to us Monday, 25 May 2009 at 12:00 as to how they intend to implement the 12%.

Please note that a looming strike in respect of the salary increase is devoid of all truth at this stage. This however does not mean that we are not prepared to embark on procedural industrial action as and when the need arises.

We believe the SABC will implement 7% immediately, and discuss with us how to implement the rest in today's meeting. We are hopeful that we can reach an amicable agreement with them to avoid further legal action.


ISSUED BY THE BROADCASTING, ELECTRONIC, MEDIA AND ALLIED WORKERS UNION (BEMAWU)

BEMAWU has won another case at the CCMA

BEMAWU has won another case at the CCMA.

Member Mr Steven Carlton worked for the SABC for several years on a fixed-term contract. These contracts were rolled-over very time it came to an end. At the end of his last contract he was offered a longer contract but for a total different, lower position. He rejected the contract on the basis of a reasonable expectation that his contract would be renewed on similar of better terms. The CCMA ruled in his favour and awarded him compensation.

This once again confirms that an employer cannot roll over contracts and then simply decide to terminate it. A fixed-term contract is primarily meant for non-permanent positions.

If you have been on a fixed-term/freelance contract for a number of years and you want it to be converted into permanent employment, contact us at headoffice@bemawu.org.za

Salary Negotiations Final Offer

The SABC Board has made a final offer of 11% ATB increase on condition that we agree to a multi-term wage agreement.

What does a Multi-term agreement mean?

What the SABC Board wants is to not engage with us for the next two years to negotiate a salary increase. They want us to agree to an increase of the previous year’s average CPI-X +1% for the financial years 2009/2010 and 2010/2011.

For example, if the average CPI-X of this current year (2008) at 31 December 2008 is 5%, members will automatically receive a 6% increase. More examples…

Average CPI-X as at 31 December 2008 = 5%. Your increase on 1 April 2009 will be 6%.
Average CPI-X as at 31 December 2009 = 7%. Your increase on 1 April 2010 will be 8%.

The average CPI-X for the past four years was:

2004 – 4.3%
2005 – 3.9%
2006 – 4.6%
2007 – 6.5%

The only time the SABC Board is prepared to negotiate with us during this period is when the CPI-X drops below 4% or rises to 9% or more.

In terms of an increase in the housing subsidy, meal subsidy and gym subsidy the SABC Board is not interested to finalise any increase in these subsidies. Instead, the Board is proposing to move negotiations to August 2008 on those issues.

CPI-X EXCLUDES interest rates on bonds.
Therefore, if there is a sharp rise in the interest rate of your bond, the CPI-X will NOT be influenced by this and will NOT increase and will NOT offer us the opportunity to negotiate an inflation based salary increase. You will have to absorb such an increase yourself!

The SABC Board is still demanding that BEMAWU members on scale code 130 and above be EXCLUDED from this agreement. (See previous post for more detail on this)

As the negotiations team we need a mandate from you.

Do we accept the 11% ATB increase with the multi-term agreement, and by doing so accept that
1.1 for the next two years we will NOT be able to negotiate a salary increase on your behalf unless the average CPI-X drops below 4% or rises to 9% or more
1.2 Housing, Gym and Meal Subsidy will be discussed and negotiated in August 2008 with absolutely no guarantee it will be increased
1.3 Even if interest rates on bonds double, we will NOT be able to engage the SABC Board on further negotiations for a salary increase?

If we do not accept the 11% as presented to us, we can continue to negotiate until we reach a deadlock, which will be the next step as the SABC Board has made a final offer.

Should we accept that BEMAWU members on scale code 130 be excluded from the Agreement, or should we demand that all BEMAWU members is covered by the Agreement?

Please respond by sms or e-mail or fax with “ACCEPT” or “REJECT” It is important that you use the exact words as it will be counted automatically by computer.

Please post your thoughts here. Also exercise your vote on the front panel.

To sms reply to sms message
To fax use 0866715585
To mail use headoffice@bemawu.org.za

Salary Negotiations - 12 June 2008

Salary Negotiations for the financial year 2008/2009 resumed on 11 June 2008.

The SABC has made a revised offer of 7.8% ATB increase to SABC employees. BEMAWU (and other unions) has put a counter demand of 14.2% ATB - applicable to ALL OUR MEMBERS, plus the following other critical issues :

1. A R16 800 p.a Housing Subsidy for all members of BEMAWU in the Bargaining Unit.
2. The conversion of Fixed Term Contracts to Permanent Contracts for all BEMAWU members currently employed on fixed term contracts in permanent positions.
3. Gym Subsidy of R720 p.a for all BEMAWU members
4. Meal Subsidy R 106 per month for all BEMAWU members.

REMEMBER - THE NEGOTIATIONS TEAM IS GETTING ITS MANDATE FROM THE SABC BOARD!

The SABC Negotiations Team refused to negotiate on the issues of an increase in housing subsidy, the conversion of fixed term contracts, a gym subsidy and a meal subsidy as they had no mandate from the Board to do so.

Putting it differently - The SABC Board does not believe you should receive an increase on your housing subsidy. The SABC Board does not believe you should be assisted to join a gym to regularly exercise with all the benefits a healthy employee brings to a company. The SABC Board does not believe you should have security and stability of employment by converting your fixed term contract, which they keep on renewing, to a permanent contract.

The SABC Negotiations Team also refused to consider BEMAWU's proposal that a salary increase must be applicable to ALL of its members. The SABC Board wants to exclude BEMAWU members on scale code 130 and above.

The SABC Board therefore wants to discourage a certain group of employees to exercise their constitutional right to belong to and participate in the lawful activities of a trade union, of which salary negotiations is part of.

The SABC Board has lots of money to WASTE on litigation but they plead poverty when it comes to a salary increase.
The SABC Board has lots of time to WASTE to pick frivolous and political fights with Group Executive, but no time to ensure a speedy settlement of the salary negotiations.
The SABC Board has lots of energy to WASTE on meetings (which they get paid for!)to (now for the third time) try to suspend the GCE, but no energy to strategically attend to important matters like salary negotiations, staff regrading issues and to UNITE rather than to DIVIDE the SABC.

The SABC Negotiations Team indicated that they will take our proposal to the Board and give feedback today.

We will keep you posted here on new developments. The negotiations are set down for three days.