Industrial disputes looming in wholesale and retail 22-04-08

 

Industrial Disputes Looming In Wholesale & Retail

SACCAWU had declared labour disputes with a number of the Commerce (Wholesale & Retail) national/chain companies. The issues under dispute include unilateral work-reorganisation, arbitrary change of working conditions and dangerous extended trading hours. Underpinning all this is a Walmartisation of the sector with conscious union-bashing, coercion of workers not to join the union and a range of flimsy cases and disciplinary actions against workers to further intimidate union members.

Much of these developments occur without consultations with the union, compensation for workers having to spend more or the provision of safe and reliable transport.

Bosses Attacks A Better Life For ALL!

In the current context of the escalation of the cost of living; increases in prices of food, transport, petrol as well as the chaos around electricity provision these disputes are central in working class struggles to defend the gains made through bitter struggle over the last few years.

As a result of this many workers are at risk of crime due to the extended working hours while their children are facing further risk at home. Similarly as workers have to pay more for transport, food, fuel and electricity families find themselves in greater debt as they are unable to pay for basic needs and services like food, rent, electricity, health and education.

Such disputes are a critical component of the struggle of the working class for a better life for all! The poor cannot tighten its belt any further; our only choice is to fight back!

The Walmartisation of Wholesale and Retail

With 15 million employees, Wal-Mart a US multi-national corporation is the biggest employer in the world. It is also the company that have consistently been amongst the most profitable in the sector and the world. This is built on keeping the union out of the company. Wal-Mart is known as the world’s number one union basher. It has built its reputation on explicit union-bashing.

Their philosophy towards worker rights is reflected in management induction which has as its objective keeping the company union-free. In some instances it has gone as far as closing down whole stores and departments in its attempts to keep the union out. Now local companies are not only adopting their approach but also employee consultants and managers from Wal-Mart.

This together with the unilateral re-organisation of the workplace is nothing other than the Walmartisation of our workplaces. A strategy that has as its objective the smashing of the union, the driving down of workers conditions of employment, lower wages and erosion of benefits including the wholesale casualsisation of large sections of the workforce.

This notorious union-basher is today the admired mentor of many major South African retailers led by Pick ‘n Pay, Woolworths and Edcon. Over a period of time now, SACCAWU has been engaging these companies on issues of mutual interests.

Woolworths Dispute

Woolworths are currently the leading union-basher. After the withdrawal of the recognition agreement as a result of as much as 70% casual workers Woolworths have used all sorts of feeble excuses to deny union representation of members.

They have manipulated the LRA through skewed interpretation leading to endless legal debates to delay recognising the union. They have continuously challenged our membership through unnecessarily drawn out verification process. They also sophisticatedly manipulate the CCMA processes, through continuously thwarting all reasonable attempts by the union to settle the dispute.

In fact Woolworths HR representative are also on the CCMA Governing body. This blatant conflict of interest is clear for any ordinary worker, yet Woolworths refuse to accede. All this are clearly disguised victimisation of our members, increases their vulnerability and trying to instil fear amongst new and young workers not members of the union.

Due to such evident CCMA system manipulation and refusal to make any concession to the union we recently arrived at a stalemate. SACCAWU is at an advance stage of membership mobilisation to engage in series and forms of industrial action, ranging from pickets, protests to a full blown action by members against Woolworths across the industry.

Pick ‘n Pay

At Pick ‘n Pay after its confrontational arrogant attitude and refusal to either reverse or hold in abeyance its unilateral, Walmart-informed work-reorganisation, the Union and the company have deadlocked at CCMA. The deadlock certificate that would protect the strike action will be issued on 18 April 2008.

Consistent with Wal-Mart philosophy the company has gone on the offensive against members. There has been an explosion of Union members who, without any disciplinary enquiries, are issued with a variety of disciplinary sanctions. This has been the tactic to prevent workers from Union meetings over week-ends, a practice that has been in place for decades.

It is unfortunate that the Labour Court issued an interdict in favour of the company which basically meant that members attending the union meeting were participating in unprotected industrial action. This itself is in violation of the Collective Agreement that regulates such arrangements and practices. It is clear that like Woolworths, Pick ‘n Pay is trying to move towards a union-free workplace!

Again the union have no choice, we have to defend our members and fight-back against this attitude of the company. SACCAWU will not bow and succumb to such manoeuvres and manipulation of the legal system.

Other disputes

Other disputes include Mass Discounters on arbitrary work reorganization and Shoprite/Checkers on issues of mutual interests and rights, forced changes in working conditions, extended trading hours with no provision of safe and reliable transport and additional fare costs given rise to by late shifts, stalled finalisation of a relationship agreement and the ongoing refusal to grant adequate time-off for Shopstewards and Worker Office Bearers to attend to Union activities.

Private Equity Buy-outs

Central to all these industrial atrocities and unilateral changes are Private Equity Fund activities, raising money from worker pension funds to buyout companies. Internationally, private equity buyouts have led to the stripping of company assets leaving them in excessive debt, downward spiral of worker benefits and massive job losses.

The context of BEE policies are making it very attractive where companies shows well on the BEE scorecard, but have disastrous implications for the workforce. Leading this pack is Edcon, recently acquired by Bain. In the Edcon deal management celebrated the BB-BEE aspect of the deal, yet beneficiaries of the so-called BB-BEE are unclear what’s happening, and nobody but SACCAWU challenged this deal.

It is clear that the Competitions Commission are not capable of evaluating the implications for workers of many of the deals approved by it. While there has clearly been no benefits for workers from such deals, senior management in these companies become millionaires over night. Further, these private equity buyouts also undermine commitments to the Proudly South African commitments.

The more recent acquisitions include Banks buying up debt strapped chain stores in the Furniture sector. Of concern for us are the implications of the buying of Ellerines by the African Bank and JD Group by Capitec. It now appears that these companies are acting no different to Loan-Sharks, hounding working class and poor families.

Section 77 application

SACCAWU is also contemplating to lodge the Section 77 application with NEDLAC, that joins both the Retailers and the Property/Malls/Shopping Centre owners or Landlords, whom the Retailers, Pick ‘n Pay in particular, attribute the extended trading hours and late shifts and compulsory Clauses to that effect; on Lease Agreements they are compelled with compliance of by such Property Owners. Coupled with this, is undue interference by the same Property owners in abuse of the Property Clause; to compromise and nullify our Strikes and Picketing against Retailers in dispute with, trading within such malls, etc. And this would include, on demand for Government, to declare commemoration days that are Public Holidays, as non trading Public Holidays.

Issued by: SACCAWU

Contact details:

Mike Abrahams (Media officer) 0761380394

Bones Skulu (General-Secretary) 0823365015

Mduduzi Mbongwe (Deputy General-Secretary) 0823365146

Lucas Ramathlodi (Head of Administration) 0823365325