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Industrial Action Contingency Plan Guide: Page 1 of 4 - Origination: 2009 (Revision 2013)
Industrial Action Contingency Plan Guide: Page 1 of 4 - Origination: 2009 (Revision 2013)
ACTION
CONTINGENCY
PLAN GUIDE
Introduction
page 1
There is a clear distinction between protected (legal) and unprotected (illegal) strike action. This distinction is very
important as far as managements response to such action is concerned:
Employees may engage in protected strike action after having followed various steps prescribed under the Labour
Relations Act (LRA). This process usually includes the following:
A conciliation meeting under the auspices of the National Bargaining Council fails to resolve the dispute.
A strike ballot is held by union members / employees (not compulsory in terms of LRA).
The Company is given 48 hours notice that the employees intend embarking on strike action.
Any industrial action is by its nature unique, and can be highly unpredictable. The time, rate, scale and sequence of
events are infinitely variable. It is impossible to develop rigid guidelines for dealing with these events and there is no
replacing the sensitive and sensible judgements of managers who are in the midst of the situation.
Strikes are fundamentally highly charged emotional events; management should therefore attempt to keep the
situation as calm as possible and should not respond in an emotional manner but rather retain a rational perspective
at all times. It is therefore vital that the contents of this document are discussed with management responsible for
managing a strike.
The contingency plan outlined in this document must obviously be adjusted to the individual depots particular
circumstances and prior to the start of any industrial action.
Industrial action could very well be related to a national issue (e.g. wage negotiations) and therefore the Companys
response will be a consistent one as directed by the head office. Management must not act in an overly hasty
fashion but rather wait for advice from the Strike Management Team (SMT). The SMT will setup as close as possible
to the strike scene.
If a legal strike is imminent, the employees may attempt to soften up the company by embarking on illegal industrial
action; this could take the form of go slows, stoppages, rudeness to customers etc. These actions are meant to
irritate management and elicit an emotional response, management should remain calm.
Strike Ballot
In terms of the LRA, the union / employees are not required to hold a ballot. The trade union constitution may
require a ballot, but note that there is no requirement in terms of the LRA.
Managing a Strike
Several objectives in managing the strike can be identified. These include the following:
Continued trading
Emerging from the strike better equipped to handle similar disputes in future
Not allowing the relationship between management and the employees to be totally
destroyed
To end the strike as soon as possible and have the employees return to
normal working
A strike management team should be established. This team should consist of key members of the management team.
lead the strike team and will be responsible for consulting and coordinating activities,
normally be the one who will communicate with the striking employees.
Management must be made aware of whom the strike leader is and where he / she can be located at all times.
Note: Any liaison with or statements to the media, must be conducted by the Managing Director. Every attempt
must be made to refer the media to the Managing Director.
SECURITY COORDINATOR
Industrial action raises security problems and necessitates liaison with police if there are threats to life or property.
One person should be responsible for this function throughout the duration of the strike. The security coordinator
must have an unambiguous reporting line to the strike team leader.
ensure all strike team members are made aware of any security related issues
safeguard those areas that are likely to be targeted for sabotage (these areas are listed further on in this document)
Note: Where possible, the Managing Director should be involved in any decision to call the police or security force.
It would be advisable that the Strike Team Leader and Security Coordinator should attempt to meet with the relevant
local police officer in charge prior to a strike to inform him of the possible future situation and, more important,
to form a personal relationship with the officer.
Often management and employees not directly involved in managing the strike are ignored during the strike.
This leads to rumours and resentment, which allows for negative attitudes to develop. Regular formal communication
must be maintained with management, supervision and non-striking employees.
RECORDER OF EVENTS
A person must be appointed to maintain a strike diary so that there is at all times an accurate record of events as well
as the time that those events took place.
Unless this is made somebodys specific responsible key, details will blur in the confusion of re-collected events.
This is an important function and must not be neglected. If this individual is absent, someone else must be appointed
to continue this function.
Communication
It is important to establish clear channels of communication prior and during strike action. Communication channels
with striking employees should be kept open at all times. It is suggested that a register of key personnel, organisations
and services both within and outside the Company be compiled. This register should include telephone and fax
numbers where applicable. The following are suggested contact persons, organisations and services, etc:
Alarm company
Ambulance services
Computer technicians
Electrician
Fire department
Local attorney
Local hospital
Locksmith
Paramedics
Technicians
Management is advised to keep communication channels between themselves and striking employees open at
all times. Any specific communication from the Company to the strikers will be in the form of a directive through
SMT. Wherever possible communications to and from the head office must follow the chain of command.
Note: It is of vital importance that any actions by management are the result of instructions that have come via
the chain of command.
it becomes necessary to verbally communicate with the employees not do this alone.
it is believed that the employees are too unruly or emotional rather communicate with the representatives.
Management Communication
It is imperative to maintain a constant flow of communication. Management must understand that certain decisions,
e.g. an ultimatum to staff, could have negative industrial relations or legal implications if not carried out properly.
They should therefore only act on directives from the SMT.
Facilities of Strikers
Further guidelines with regard to facilities will be detailed in the strike rules.
Employees not on strike must be paid as normal, provided they continue working as assigned by the SMT.
Management must:
Keep an up to date name list of those employees who are engaged in industrial action in order that
payment / non-payment of employees can be correctly administered. A daily register must be maintained
and time and attendance registers controlled.
Be aware of the fact that security employees may take part in a strike and therefore appropriate measures
must be taken.
Also have on hand up-to-date name lists of employees, including employee numbers and addresses.
This may be required if the Company applies for an interdict as the interdict may have to be served on each
individual employee.
In order to continue operating, a temporary labour force should be used. Past experience has shown that this labour
force can be intimidated not to work.
Prior to a strike, all management and staff who will not take part in a strike should be allocated jobs. The moment a
strike begins these people should automatically deploy to their allocated positions. In terms of the LRA, employees
can refuse to take on the work of striking employees. Should non-striking employees refuse to do alternative work,
encourage them to partake in the strike.
Where training is required before the strike, it should be done in such a manner that it is not obvious to all staff.
Employees who will be carrying out extra or alternative duties or work extra hours must be informed that they will be
compensated. Prior to implementing the strike contingency they should be made aware of any premiums / bonuses
to be paid.
Intimidation
The Company may expect intimidation of some sort to take place. Employees who are working should be informed
by management that any incidents of intimidation must be reported to the SMT. It is important to note that
management will only be able take disciplinary action where evidence exists, or where the intimidated employee is
willing to give evidence.
Customers
Industrial cleaners
Security staff
Union officials should be allowed to address the striking employees, but the official should, however, first obtain
permission from the strike team leader on site. It is not necessary to obtain permission when meetings are held
off site.
If the behaviour of the striking employees is of such nature that management are forced to close the depot,
the Managing Director should be consulted. As soon as the situation is under control, management must open
the depot. The Company will attempt to obtain a court order, where necessary, to restrain striking employees.
Weapons
Normal Company rules must apply, i.e., no employee may carry on his / her person a weapon of any kind.
Non-striking employees may be intimidated or assaulted on their way to work or on their way home and take the
necessary safety precautions to ensure their safety.
Insurance Cover
The Financial Director must check on the cover afforded by insurance contracts. Examples of issues to investigate are:
Industrial Action
There are various forms of behaviour that the employees may embark on. The following are possible actions by
employees, as well as a guideline to management on how they should approach the situation.
- Request employees to go to
specific designated area
Employees remain in the Employees may sing, chant and Ensure that this area is
designated area toyi-toyi. This may be loud and congenial enough to ensure that
irritating, but it is more acceptable in employees remain there.
the designated area.
Abandonment of At the start of a strike, BVOs may Management needs to make suitable
company vehicles abandon Company vehicles where arrangements to secure collection of
they are at that moment in time. these vehicles:
- Duplicate keys.
Sabotage page 8
During a National strike the Company could experience some form of sabotage. Although it is impossible to limit
this altogether, management should identify those areas that are particularly vulnerable and take steps necessary
to secure and protect them.
The following is a list of some of the areas that management should pay attention to:
Securing the computer room and other vital computer communication systems
Arson attempts may be made and a thorough check must be conducted at the end of the day.
There is no doubt that employees can be very creative when it comes to disrupting the business and therefore
the above list is in no way complete.
Ensure that evacuation procedures are updated and communicated to the relevant people that are responsible for
evacuating the depot should the need arise.
Management checklist
The Industrial Action Management Checklist has been provided ensure all appropriate steps have been taken during any
industrial action.
Strike rules
Whilst on a protected strike, employees effectively defy management authority and suspend their contract of
employment.
Employees who engage in an unprotected strike are in breach of their contract of employment. They are, however,
still bound by rules of acceptable behaviour as defined by the Company. This is why the Company has implemented
strike rules that may be agreed upon with the union, or may be unilaterally implemented. Failing this, management
will be expected to communicate the following rules to the employees prior to strike action and inform the
employees that any breach of these rules could result in disciplinary action.
Employees shall:
- not be allowed in any working area, or at workstations, unless they perform normal dutie
- not block entrances or exists inside the company premises, or company parking areas
- leave and enter the Company premises only through the entrances and exits that they normally use,
or as directed at the time by management
- not wear dress or attire other than the prescribed company dress whilst on Company premises page 9
- be subject to the normal security rules and searching procedures
- continue to perform their normal duties until a replacement has been arranged, and shall not leave the
Company assets at risk
- resume their normal duties until the end of their shift once the non-procedural industrial action has
been brought to an end, unless otherwise agreed by the parties at the time of resolving such industrial
action
- no threats or violence, nor shall any acts of violence or violent behaviour take place
- no possession of, or consumption of, alcohol, drugs or intoxicants on the Company premises
Employees who are absent at commencement on the first day of industrial action, shall, on their return,
resume their normal duties or they will be deemed to have fully participated in the non-procedural action.
Specific rules will be issued at the time of industrial action by the SMT Leader.
Strike Team
Noted below are the positions responsible for the various actions in the Strike Team. This list may be updated from
time to time and the blank box can be used to insert the applicable current employees title and name as nominated:
Security Coordinator
Events Recorder