News and Updates on the strike by SACTWU
26 September 2009: SACTWU to issue secondary strike notice to textile industry
The 10th National Congress of COSATU, which concluded yesterday, adopted a resolution in support of the 10-day old national wage strike by 55,000 clothing workers. The resolution authorised secondary strike action in those sectors which are linked to the clothing industry.
SACTWU has resolved to issue a secondary strike notice later today to the textile industry. This means that close to 15,000 textile workers, which have a nexus with the clothing industry, may go on strike next week in support of the clothing wage strike, should no settlement be reached this weekend.
Tomorrow, the CCMA conciliates the clothing wage dispute at the National Bargaining Council for the Clothing Manufacturing Industry in Cape Town in a high-level attempt to find a settlement between the trade union and clothing employers.
23 September 2009
COSATU CONGRESS ADOPTS SPECIAL RESOLUTION IN SUPPORT OF CLOTHING INDUSTRY STRIKE
SACTWU welcomes the development that the COSATU Congress has today pledged concrete support for the ongoing national clothing wage strike. The Congress has unanimously adopted a Special Resolution on the matter. The Congress has noted that
• 55,000 clothing workers across the country have been on a living wage strike since 15 September 2009
• Clothing workers are the lowest paid workers in the manufacturing sector, with a minimum wage of R326 per week for a machinist in areas such as Ladysmith, Botshabelo, Qwa Qwa, Isithebe, Caledon & Newcastle
• 80% of all clothing workers are women, mostly single parents supporting between 5 and 7 dependants on a very low wage
• Clothing retailers have made unprecedented profits over the last few years and even continue to make substantial profits during this recession
• The clothing industry employs large numbers of workers in some of the poorest parts of the country where few other job opportunities exist
• There is large non-compliance in the clothing and some other industries
The Congress has pronounced that it regarded the clothing workers' struggle for a living wage as just and the demands of clothing workers as reasonable.
The Congress resolved to:
• Call on clothing employers to grant the just and reasonable demands of striking clothing workers
• Campaign for a revision of employment law to criminalise non-compliance with collective agreements, including by those businesses which source from non-compliant companies
• Support clothing workers in their struggles, including authorising secondary strikes in all those sectors where a nexus exist with the clothing industry
• Instruct COSATU to coordinate support and solidarity across the affiliates, social movements and the broader society; as well as international solidarity.
20 SEPTEMBER 2009
SACTWU ACCEPTS CCMA OFFER TO HELP FIND A SOLUTION TO CLOTHING STRIKE
On Tuesday 15 September 2009, a 55 000 clothing workers embarked on a national wage strike in support of their wage demands. The clothing employers met at a national meeting of their negotiating team on that afternoon and the next morning submitted a written revised wage offer to the trade union. In brief, the offer is for an 8% wage increase tightly linked to certain conditions.
The conditions state that workers must agree to loose part of their wage earnings if they are absent from work, even in instances where such absence are legally authorised.
The employers have advised that their offer is open for acceptance until 06h00 today.
On Friday 18 September 2009, the trade union advised them that we have rejected their revised offer because it is not a new offer (the very same offer was tabled to and rejected by the union on 26 August 2009), because it does not provide for a decent increase for non-metro area workers (who are the lowest paid in the industry with a machinist's minimum wage at R326 per week) and because the conditionalities attached are not accepatble to our members.
We have no idea why employers have tabled the same offer which was already rejected three weeks ago when there was no strike.
We have earlier today received a letter from the Director of the Commission for Conciliation, Mediation and Arbitration (CCMA), offering to assist to resolve the dispute. The offer is made in terms of Section 150 of the Labour Relations Act (LRA).
This section states as follows:
"If the Commission is aware of a dispute that has not been referred to it and if resolution of the dispute would be in the public interest, the Commission may offer to appoint qa commissioner to attempt to resolve the dispute through conciliation"
The CCMA has also stated that there offer to assist is also because the clothing industry has been identified in the NEDLAC-agreed South Africa's Frameoiwrk Responce to the International Economic Crises as in need of special assistance, as well because it has received special mention in President Jacob Zuma's State of the Nation Address.
The CCMA has offered to appoint a senior conciliator to mediate the dispute at its Johannesburg Head Office from 10h00 on Tuesday 22 September 2009.
In terms of Section 150, the parties must consent to this process.SACTWU has accepted the CCMA's offer as we believe that even though our strike is growing stronger by the day, it is always better to find a settlement thereof. We have no idea whether the employers will accept the CCMA offer.
It is within the means of the employers to solve this dispute and the strike. We call on them to do so sooner rather than later. Our wage demand is reasonable and affordable.
Issued by SACTWU
Sunday, 20 September 2009
Does Sactwu leadership endorse intimidation?
Comment:
Chris Gina Sactwu's national organising secretary and Andre Kriel Sactwu's General Secretary were informed of the unruly and disgraceful behaviour of their members in Durban by ReDress. However neither have responded. Does their silence mean they indorse intimidation and threats of violence by their members? As one commentator said, "the ballot is a joke. The choice given to Sactwu members to say YES or NO to the strike is a sham. Just have one choice YES to the ballot because even if you say NO you are threatened by Sactwu strikers to not work."
Friday, 18 September 2009
Chaos: Textile workers strike fear
Sharlene Packree
CHAOS broke out in Durban when a group of striking textile workers went on a rampage and intimidated non-striking workers yesterday.
Workers are demanding a 7,9% wage increase, however, employers have offered a five percent increase.
The wage increase was due to take effect on September 1, but negotiations have been delayed. Armed with sticks and traditional weapons, a group of 40 workers entered the Ascot building in Umbilo and intimidated workers. The group ran into the building and verbally threatened workers. The SAPS flying squad were called in to disperse the crowd. A witness told The Witness that the protesters ran into offices threatening workers with vulgar language and wooden sticks. “It was scary. They were quite noisy and were armed with large sticks. We called the police who got rid of them,” she said, adding that it was unfair to threaten non-striking workers.
The Witness
18 September 2009
Clothing strike likely to continue
The clothing workers' strike was likely to continue in parts of the country even if agreement was reached on Friday afternoon to end the four day strike, the SA Clothing and Textile Workers Union (Sactwu) said. "It has come to our attention that there are still thousands of workers who are being paid below the legal wage rate. This means that the pay increase will mean nothing to them," Sactwu national organising secretary Chris Gina told media in Durban on Friday. It is Sactwu members went on a nation-wide wage strike on Tuesday, demanding a 7.9 percent salary increase in cities and an 11.5 percent wage hike in rural areas.
"Even if the last revised offer is accepted, workers who are underpaid will definitely continue with the strike," said Gina.
Workers in KwaZulu-Natal's Isithebe area and Free State's Botshabelo and Qwaqwa were expected to continue striking even if the revised offer was accepted.
"We want employers in those areas to close the gap that exists between their employees and those who work in the metropolitan areas."
The legal wage for a qualified machinist was R399 per week but in some factories in Isithebe, Botshabelo and Qwaqwa, machinists were earning as little as R126 per week.
"In Botshabelo, based on a survey of 19 factories jointly employing almost 2000 workers, the average actual wage paid to a machinist is R241 per week. The lowest paid in this area is R126 per week," said Gina.
The situation was the same in Qwaqwa and Botshabelo, he said.
Gina said it was sad that most garments produced in the three areas were apparently bought by retailers such as Edgars, Pep Stores, Woolworths and Mr Price.
"We have pleaded with them to source ethically but with very little success. No corrective action has been taken by them and they simply deny that they source their goods from these factories," he said.
A formal announcement on the outcome of negotiations on the last revised offer would be made by the union on Friday afternoon or Saturday morning, said Gina.
"We will call a media briefing as soon as discussions have been finalised."
18 SEPTEMBER 2009
SACTWU RESPONSE TO CLOTHING EMPLOYERS' "REVISED" WAGE OFFER
On Tuesday 15 September 2009, a massive 55 000 clothing workers embarked on a national wage strike in support of their wage demands. The clothing employers met at a national meeting of their negotiating team on that afternoon and the next morning submitted a written revised wage offer to the trade union. In brief, the offer is for an 8% wage increase tightly linked to certain conditions.
The purpose of this press release is clarify the trade union's response to the employers' revised offer. We start by explaining the details of the employer revised offer.
The details of the employers' revised offer (with explanatory notes by the union) are as follows:
An increase to total labour cost of 8% for metro and non-metro workers. (Their previous wage offer was a 5% wage increase which amounted to between R19 and R32 per week. The union is demanding a 7.9% wage increase for metro area workers with the same rand amount for non-metro area workers. The union demand equates to a weekly age increase of between R45 and R50).
The employers' revised wage proposal is conditional on the union agreeing to the following new terms of employment:
1. The 'aggregation of overtime' provision in the clothing industry main agreement shall apply without any exclusions. In other words, all forms of absence shall be taken into account for the purpose of making up the employee's full weekly hours before overtime rates are earned. (This means that workers' must agree that their overtime earnings must be docked if they are absent for any reason, even if that reason is a reason recognised in law such as when a worker has a legitimate sick certificate from a medical practitioner, or uses legal Family Responsibility Leave to attend the funeral of a close relative such as a spouse or child, etc. Currently, the exclusions enshrined in the main agreement and which the employers now want removed are as follows: time not worked as a result of legal industrial action; time not worked as a result of a public holiday declared in terms of the Public Holiday's Act; time not worked as a result of the employer having declared short time; authorised shop stewards' time off for trade union activities; time not worked as a result of any authorised absenteeism).
This proposal is not new and is part of the employers' immediate previous proposal. This proposal was previously rejected by the trade union and identified as a major stumbling block to a settlement.
2. A provision to be included in the agreement which provides for all forms of remuneration such as annual leave, annual bonus and the employer contributions to the workers' Provident Fund, to be calculated on actual attendance.
This is not a new proposal and was part of the employers' immediate previous proposal. This proposal was also previously rejected by the trade union and identified as a major stumbling block to a settlement.
3. The employers' support the trade union's proposal for the establishment of a Productivity Institute under the auspices of the National Bargaining Council for the Clothing Industry as well as the trade union's proposals to improve the compliance drive of the bargaining council i.e, making more factories comply with the terms and conditions set out in the national main agreement for the industry.
This is not new and has been agreed very early in the negotiations, about 6 months' ago already.
4. A process with clear timelines for the purpose of 'modernising' the industry main agreement in such areas as keeping exemptions to an absolute minimum, speeding up operational decisions at plant level, making provisions for shift work, flexible annual leave, limiting consultations at plant level to reasonable time frames and introducing dead lock breaking mechanisms where such consultations are stalled beyond such time frames.
This is not a new proposal and has been agreed to a few months' ago, on the following basis: that the trade union will also add its list of issues that it wants included in these post-negotiations discussions about the modernisation of the agreement, that 'modernising the main agreement' is not to be interpreted to mean down-ward variation in terms and conditions of employment, that the list of issues mentioned by the employers is not automatically agreed to but would form the subject of discussions going forward.
5. The employers have advised that their new revised offer '...is open for consideration and acceptance by the trade union and its members until Sunday 20 September 2009 at 06h00". They have advised that if the union accepts the offer, the increases would be backdated to 1 September 2009, which is the original implementation date when increases were due.
The trade union's Head Office has spent the last two and half days briefing its national- and regional leadership about the details of the employers' revised offer. We convened shop stewards' councils through-out the country to provide further feedback to our leadership in our branches and seek mandates directly from over 50 000 clothing workers employed in about a 1 000 workplaces spread throughout the country.
This mandating process has been completed for all parts of the country, except in the Western Cape. In the Western Cape, we expect that the mandating process will be completed by Monday before lunch-time.
We have, earlier today and before this press conference, advised the employers of the outcome of our mandating processes to date.
Our response, as we speak now, is as follows:
What the employers call "a revised offer", is actually not a revised offer. It is word for word the same as an offer that was tabled to the trade union at a Leadership negotiation meeting held three weeks ago, on 26 August 2009, at the clothing bargaining council offices in Cape Town. At that meeting, the trade union leadership indicated very clearly that such an offer would not be acceptable to our members. We are completely puzzled why, three weeks later, the employers table the very same offer which was rejected by the trade union as far back as three weeks ago.
In all parts of the country, other than in the Western Cape yet, our members have summarily rejected the employers' 'so-called revised' offer. Western Cape members will only be consulted on Monday.
In the Western Cape, we held a Special Regional Shop Stewards' Council meeting yesterday. Attended by over 600 shop stewards representing all companies where we are on strike. This meeting has also rejected the employers' offer, subject to what their members will be saying when they are consulted on Monday.
The problems with the employer offer, as identified by the trade union leadership and our members and conveyed to the employers as far back as three weeks ago are as follows:
a.. While 8% is acceptable as an increase for metro workers (provided the employers drop their conditionalities), it is not acceptable for non-metro workers as it fails to address the union's demand for the unacceptably wide gap between metro and non-metro wage levels to be narrowed. The minimum wage for a machinist in the non-metro area is R326 per week. On the minimum wage for a machinist of R326 in the non-metro areas, an 8% increase means a R26 per week increase for a worker who works in areas such as Caledon, Ladysmith, Newcastle, QwaQwa, Botshabelo, Isithebe and Despatch.
a.. The 8% is conditional to very stringent conditions which attacks workers legal right to authorised leave from work: workers are being asked to lose earnings for all forms of absences from work, even instances of authorised leave from work such as in the case of sick leave with a legitimate doctor's certificate or where a worker uses his/her Family Responsibility Leave to attend the funeral of his her close relative.
a.. The 8% is also conditional on very stringent conditions where, even when a worker has legitimate authorised leave, their annual leave-, annual bonus and very importantly, contributions to their retirement fund will be reduced. The last national strike in this industry was a three week strike which took place exactly 13 years ago, in September 1996. The main issue during that strike was for better retirement provisions for clothing workers. We cannot imagine that workers will now accept that the improvements in retirement fund provisions which they won through bitter struggle in 1996 will now be given up.
We will wait for the outcome of the Western Cape workers' mandate on Monday but, unless there is a miracle between now and then, we do not expect that our members will accept the employers 'revised offer'.
In fact, since the employers' have tabled their "revised offer", our strike has grown stronger. Hundreds of workers who up until now have not been SACTWU members have flocked to our offices to join the trade union. Most say they want to be part of the strike. It shows the deep concerns that workers have with the conditionalities attached to their wage offer.
It is within the means of the employers to solve this dispute and the strike. We call on them to do so sooner rather than later. Our wage demand is reasonable and affordable.
Issued by
Andre Kriel
16 September 2009
Cops use rubber bullets on strikers
Durban - Police had to use rubber bullets to disperse striking workers at a clothing factory in Danskraal near Ladysmith on Wednesday morning, KwaZulu-Natal police said. "At about 06:30 police had to use rubber bullets to disperse a crowd of striking clothing factory workers that were throwing stones at other workers that were working at the factory," said Inspector Nirvan Sibran. The SA Clothing and Textile Workers' Union (Sactwu) embarked on a national strike on Tuesday.
Sactwu is demanding a 7.9% salary increase in cities and an 11.5% wage hike in rural areas, where it says workers are earning "much less" than their counterparts in the city. Sibran said on Tuesday police were also called to the scene where they arrested 20 people for public violence. "Striking factory workers were demanding that the workers from the factory also join them with the strike. When the factory staff emerged from the factory premises strikers began to hurl stones at them.
"The police then had to intervene and arrested 20 people under the public violence act," he said. Sibran said the situation was calm at the moment.
"The 20 people that were arrested are expected to appear at the Ladysmith Magistrate’s Court between Wednesday afternoon and Thursday morning," said Sibran.
Referece: SAPA
THE Southern African Clothing and Textile Workers Union (Sactwu) today (September 17) accused police of manhandling its members, following the arrest of about 140 clothing workers, who are on a legal wage strike in Johannesburg.
“The workers were peacefully picketing in front of clothing factories in support of their wage demands,” the union said. It said based on initial information, police arrived and striking members offered to disperse. “Before they could do so, police started firing teargas and rubber bullets. “Louisah Modikwe, the Sactwu Organiser present at the time, was smacked and manhandled by a police officer. One worker has been taken to hospital,” the union charged. Sactwu added most of the arrested workers were female and had been locked up at Jeppe Police Station in Market Street in Johannesburg. The union said it was disturbed by developments. “We call on the police to act with extreme restraint when dealing with our members, who are engaged in legitimate, legally sanctioned industrial action and who are exercising their rights peacefully,” it concluded.
Reference: I-Net Bridge
16 SEPTEMBER 2009
PRESS RELEASE: IMMEDIATE -15h50
SACTWU RESPONSE TO CLOTHING EMPLOYERS' REVISED WAGE OFFER
The Southern African Clothing & Textile Workers' Union (SACTWU) confirms that it has this morning received a written revised wage offer from clothing employers, following the commencement of a national wage strike by about 55 000 clothing workers yesterday, 15 September 2009. The purpose of this press release is clarify the content of the employers' revised offer and the trade union's response thereto.
The details of the employers' revised offer (with explanatory notes by the union) are as follows:
An increase to total labour cost of 8% for metro and non-metro workers. (Their previous offer was 5% and the union was demanding a a 7.9% wage increase for metro workers and the rand equivalent for non-metro workers).
The employers' revised wage proposal is conditional on the union agreeing to the following new terms of employment:
1. The aggregation of overtime provision in the clothing industry main agreement shall apply without any exclusions. In other words, all forms of absence shall be taken into account for the purpose of making up the employee's full weekly hours before overtime rates are earned. (This means that workers' must agree that their overtime earnings must be docked if they are absent for any reason, even if that reason is a reason recognised in law such as when a worker has a legitimate sick certificate from a medical practitioner, or uses legal Family Responsibility Leave to attend the funeral of a close relative etc. Currently, the exclusions enshrined in the main agreement and which the employers now want removed are as follows: time not worked as a result of legal industrial action; time not worked as a result of a public holiday declared in terms of the Public Holiday's Act; time not worked as a result of the employer having declared short time; authorised shop stewards' time off for trade union activities; time not worked as a result of any authorised absenteeism).
This proposal is not new and is part of the employers' immediate previous proposal. This proposal was previously rejected by the trade union and identified as a major stumbling block to a settlement.
2. A provision to be included in the agreement which provides for all forms of remuneration such as annual leave, annual bonus and the employer contributions to the workers' Provident Fund, to be calculated on actual attendance.
This is not a new proposal and was part of the employers' immediate previous proposal. This proposal was also previously rejected by the trade union and identified as a major stumbling block to a settlement.
3. The employers' support the trade union's proposal for the establishment of a Productivity Institute under the auspices of the National Bargaining Council for the Clothing Industry as well as the trade union's proposals to improve the compliance drive of the bargaining council i.e, making more factories comply with the terms and conditions set out in the national main agreement for the industry.
This is not new and has been agreed very early in the negotiations, about 6 months' ago already.
4. A process with clear timelines for the purpose of 'modernising' the industry main agreement in such areas as keeping exemptions to an absolute minimum, speeding up operational decisions at plant level, making provisions for shift work, flexible annual leave, limiting consultations at plant level to reasonable time frames and introducing dead lock breaking mechanisms where such consultations are stalled beyond such time frames.
This is not a new proposal and has been agreed to a few months' ago, on the following basis: that the trade union will also add its list of issues that it wants included in these post-negotiations discussions about the modernisation of the agreement, that 'modernising the main agreement' is not to be interpreted to mean down-ward variation in terms and conditions of employment, that the list of issues mentioned by the employers is not automatically agreed to but would form the subject of discussions going forward.
5. The employers have advised that their new revised offer '...is open for consideration and acceptance by the trade union and its members until Sunday 20 September 2009 at 06h00".
Standing back: the only difference in the employers revised offer is that it has increased the total labour cost component from 5% to 8%.
The trade union's Head Office has spent the first half of today briefing its national- and regional leadership about the details of the employers' revised offer. We will now convene shop stewards' councils througout the country to provide further feedback to our leadership in our branches and seek mandates directly from over 50 000 clothing workers employed in about a 1 000 workplaces spread throughout the country. We anticipate that this mandating process will be concluded by late morning on Friday 18 September 2009. There-after, we expect to provide the employers with feedback, prior to their deadline of 20 September 2009.
Issued by Andre Kriel SACTWU General Secretary
16 SEPTEMBER 2009
PRESS RELEASE: IMMEDIATE
Yesterday 15 September 2009, 55 000 clothing workers embarked on a national wage strike in support of their wage demands. The clothing employers met at a national meeting of their negotiating team yesterday afternoon and have this morning submitted a written revised wage offer to the trade union. In brief, the offer is for an 8% wage increase tightly linked to certain conditions. Their previous wage offer was a 5% wage increase which amounted to between R19 and R32 per week. The union is demanding a 7.9% wage increase for metro area workers with the same rand amount for non-metro area workers. The union demand equates to a weekly age increase of between R45 and R50. This is a preliminary statement by the union in response the employers' revised offer: SACTWU is in the process of analysing the detail of the employers' revised offer. We will be consulting with our regions and branches througout the country for the most part of this morning. We will issue a more detailed press statement about our response by about lunch-time today. In the interim, the strike will continue today.
Issued by
Andre Kriel
SACTWU
CLOTHING STRIKE STARTS
15 SEPTEMBER 2009
PRESS RELEASE: IMMEDIATE
THOUSANDS OF CLOTHING WORKERS EMBARK ON NATIONAL WAGE STRIKE
The clothing industry came to a standstill today as tens of thousands of members of the Southern African Clothing & Textile Workers' Union (SACTWU) have commenced a national wage strike in support of their wage demands.
The strike commenced early this morning, when workers started the day with general meetings at their workplaces. By between 09h00 - 09h30 they had clocked out, held brief protest actions in front of their workplaces and then dispursed to go home because the union had called for the strike action to be in the form of a stayaway from work today.
By 12h30 today, the trade union had completed a survey to measure the extent of support for the strike. Nationally, a total of 336 factories jointly employing about 33 000 workers were surveyed. The preliminary outcome indicates close to 90% support for the strike. Extrapolating this result nationally, it means that about 55 000 clothing workers have embarked on national strike action today. This shows a massive rejection of the employers' wage proposals and solid support for the union's demand for a decent wage increase for clothing workers.
In the meantime, employers have issued a lock-out notice late on Sunday evening. The notice comes into effect this evening at 22h00. The purpose of the lockout is to force clothing workers to accept the employers' offer.
Clothing employers are meeting this afternoon to discuss their way forward. Last Friday, the trade union offered to suspend its strike action to allow for a further voluntary conciliation meeting tomorrow, but the employers have regretably declined to take up this offer (their precondition was that we should not embark on action today) and are only expected to discuss whether or not they should do so at their meeting later this afternoon. Whatever happens in their meeting later today, it appears that it would be too late to set up any proper logistics for such a voluntary conciliation meeting tomorrow given that employers are only due to decide later today on whether or not to accept the offer of a suspension of the strike action and a further conciliation meeting.
Clothing employers are currently offering a weekly wage increase of between R19 and R32 per week. This is equal to a 5% wage increase. But even this low offer is conditional on clothing workers agreeing to forfeit overtime- and other normal earnings for any form of absenteeism, even where such absenteeism is legally authorised. The trade union is demanding a 7.9% wage increase. Wage negotiations started as far back as April this year and the new wage increase was due on 1 September 2009. The trade union is of the view that its demands are reasonable and affordable, that it now only resorts to strike action as a last option because negotiations cannot continue inconclusively forever. Clothing workers are the lowest paid employees in the whole of the South Africa Manufacturing sector.
In the run up to the strike, the trade union had conducted a strike ballot among 46 600 clothing workers nationally, of whom 92% voted in favour of strike action in pursuit of their wage demands.
Issued by
Andre Kriel
SACTWU
General Secretary