Neasa insists lockout is legal

Numsa members march through the streets of Durban during a wage protest. File picture: Reuters

Numsa members march through the streets of Durban during a wage protest. File picture: Reuters

Published Aug 1, 2014

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The brinkmanship between Cosatu and members of the National Employers’ Association of SA (Neasa) continued unabated yesterday with the latter vowing to continue their lockout of workers who participated in the recent metals industry strike.

Neasa was adamant yesterday that the decision by its members to engage in a lockout of workers who participated in the metals and engineering strike would stand despite threats from unions.

On Wednesday, Cosatu in the Western Cape threatened to close down firms that effected the lockout, which it said was a ploy to force workers to accept slave wages.

Neasa said the threat came on the same day that the National Union of Metalworkers of SA (Numsa) had threatened the employer organisation with court action if its members did not suspend the current lockouts against the union and four other unions.

Neasa maintained that the lockout was legal and that the right to a lockout enjoyed the same constitutional protection as the right to strike.

The metal and engineering industries bargaining council said this was not the time for retribution and the apportionment of blame.

It said the industry was in dire need of leadership on all sides as relationships in the workplace had to be rebuilt, trust restored and the interests of the industry and the country placed on centre stage.

“Employer and trade union leaders must restore confidence into the collective bargaining system and begin the important task of meeting the high expectations expected by employers, employees and all our stakeholders over the next three years. The bargaining council urges all stakeholders to begin this important journey as quickly as possible,” said Thulani Mthiyane, the general secretary of the council.

Neasa chief executive Gerhard Papenfus said: “The current differences between Neasa and Numsa will not be resolved through threats and legal action, but through the appropriate channels – something Neasa was denied during the most crucial portion of the recent round of wage negotiations.”

He said companies in the metals industry had just endured a violent four-week strike.

“There were instances where employees were dragged out of offices and assaulted; where business owners were threatened with their lives, businesses were forced to close their doors, properties were damaged and interdicts obtained to curb the violence and destruction were treated with contempt.

“Employers were forced to look on while these events unfolded, at times without police protection,” he said.

Papenfus said now that Numsa was faced with similar action, but without its members being threatened with their lives, threats of assault or without their property being destroyed, it wanted to mobilise against these businesses.

Stephen Nhlapo, Numsa’s national sector co-ordinator for basic metals and energy, said that the union’s officials were intervening at regional level on lockouts. Many plants were opening the gates to former strikers and a full list of those firms that were still implementing the lockout would be known today.

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