Looming national bus strike's picketing rules ratified

Supporters allowed to join Easter weekend industrial action

24 March 2022 - 17:13
By Isaac Mahlangu
Putco buses at a depot in Noordgesig, Soweto.
Image: Thulani Mbele Putco buses at a depot in Noordgesig, Soweto.

Bus drivers have been given the green light to have supporters join in on their potentially crippling Easter weekend strike next month.

The SA Road Passenger Bargaining Council (SARPBAC) ruled on picketing rules this week that the number of picketers can include "members of the trade unions, other eligible employees of the employers and supporters of the trade unions".

The ruling delivered on Tuesday came after employers SA Bus Employers Association and Commuter Bus Employers Association had in their submissions to the council called for a limit on the number of picketers to avoid the potential for inflammatory conduct and political parties jumping on the strike bandwagon.

Commissioner Tariq Jamodien, who presided over the matter, however ruled that supporters were allowed in terms of section 69 of the Labour Relations Act and in the default picketing rules in the code of good practice: collective bargaining, industrial action and picketing.

Jamodien stated that the number of picketers outside the premises of the employers has to be limited to "100% of the number of employees in the bargaining unit at that specific workplace".

"For example, if there are 200 employees as part of the bargaining unit at a specific workplace, then that will be the maximum number of picketers allowed at that specific workplace," the ruling stated.

Jamodien also ruled that picketing activities may only take pace outside the premises of the employer's workplaces, which would have been identified by employers and shop stewards before the strike.

The strike comes after three rounds of wage increase negotiations between workers and employer associations collapsed more than a week ago as workers demanded a double-digit wage increases while employers made a final 3% offer.

Parties are currently observing a mandatory cooling off period that will end on April 13, just two days before the Easter weekend.

SARPBAC general secretary Gary Wilson said even though the non-resolution certificate has been issued, the council is trying to facilitate discussions between the parties but after a 30-day cooling off has been observed parties have their rights protected by regulations.

"If nothing has happened during the 30-day cooling off period, it's up to the parties to issue a 48-hour notice. They [employees] will be legally entitled to go on a legal strike and if employers feel that employees are not meeting their demands, they also have the right to lock out employees," Wilson said.