INDUSTRIAL ACTION CONTINGENCY PLAN GUIDE

CONTINGENCY

PLAN GUIDE

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There is a clear distinction between protected (legal) and unprotected (illegal) strike action. This distinction is very important as far as management’s response to such action is concerned:

Employees on a … then they …

Protected strike Can not be dismissed for the act of striking

Unprotected strike Can be disciplined for acts of misconduct whilst on strike

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:

• Dispute is reached following negotiations.

• 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 depot’s 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 Company’s 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 • Arriving at a settlement acceptable to the Company in the shortest possible time • Preventing injury to persons and damage to property • Defusing management / employee tension • Limiting customer / client dissatisfaction • 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

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Strike Management Team (SMT)

A strike management team should be established. This team should consist of key members of the management team.

STRIKE TEAM LEADER

This person will:

• 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. SEE FORM - HR - 033 SEE FORM HR - 034 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.

The Security Coordinator should:

• ensure all strike team members are made aware of any security related issues • ensure that the following equipment is made available: - Two-way radios/Cell phones (at scene of strike) - Video camera/camera to record events if the need arises • safeguard those areas that are likely to be targeted for sabotage (these areas are listed further on in this document) • supervise security personnel 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.

INTERNAL COMMUNICATION COORDINATOR

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.

The Internal Communication Coordinator is responsible for this function.

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 somebody’s 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.

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PLAN GUIDE

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SECRETARY (HEAD OFFICE)

A person must be appointed who will be able to type briefs, letters, send facsimiles and e-mail messages, copy documents etc. This person should be available after normal working hours if required.

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 • Members of the strike management team • Alternative labour force • Ambulance services • Computer technicians • Electrician • Fire department • Home and cell phone numbers of managers • Local attorney • Local hospital • Local telephone department • Locksmith • Paramedics • Technicians

Communication to Striking Employees

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.

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

During a strike the following should be made available to striking employees: • Use of toilet and water

• Reasonable access to designated telephones

Further guidelines with regard to facilities will be detailed in the strike rules.

If …

it becomes necessary to verbally communicate with the employees it is believed that the employees are too unruly or emotional

then the manager should … not do this alone.

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The principle of “no work, no pay” must be strictly applied to all employees engaged in a strike. This fact should be communicated to all employees at the first opportunity after they have embarked on the strike action. Any monies due to the employees on strike must be paid out as normal and must not be withheld.

Payment of Employees not on Strike

Employees not on strike must be paid as normal, provided they continue working as assigned by the SMT. Identification of Employees Involved in Industrial Action

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.

See FORM - HR - 037

Casual or Temporary Labour Force

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.

Utilisation of Management and Employees not on Strike

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.

The following people are likely to be targeted by intimidators: • Non striking employees • Alternative labour force • Supplier delivery staff • Customers • Industrial cleaners • Security staff

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Vehicles are at risk of being vandalised so management must make arrangement to ensure the security of these vehicles

Access for Union Officials and Shop Stewards

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.

Closure of the Depot

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. All employees are to be searched when entering the Company’s premises.

Security of Employees not on Strike

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: • Cover of damages due to riot • Cover of damages due to sabotage • Stock damage due to sabotage • Liability due to injury of employees 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.

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• The police may have to be called (consult with the managing director prior)

• Take steps to minimise theft and damages

• Await further instruction

• If the striking employees decide to sleep in, the Company will evict them. A court order, however, may have to be obtained and management should remember that this might take some time due to the complexities of this task:

- Inform the Managing Director as soon as it becomes apparent that the employees are intent in embarking on a “sleep-in”. - Inform the employees that: - this behaviour is in contravention of the Company rules.

- they must leave the premises at the end of their official shift, failing which, the Company will have them removed.

• Await further instructions. Type of Action Employee Behaviour Management Action

Sleep-in

Floor Demonstrations • The employees may demonstrate at the depot, and this behaviour may cause the Company to close the depot.

• In these instances the Company may attempt to procure a court order restraining striking employees: - Identify the type of behaviour, e.g., peaceful, disruptive, threatening or riotous.

- Request employees to go to specific designated area - Inform employees that the police will be called if they do not leave the operational area.

- Depending on the behaviour of the employees, the depot may have to be closed until the situation has improved.

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• If the Company has negotiated picketing rights with the trade union, request the striking employees to comply with the provisions of this agreement.

Management needs to make suitable arrangements to secure collection of these vehicles:

• Ensure the availability of: - Duplicate keys.

- BVO’s to continue deliveries. • persuade customers to support the

striking employees by boycotting the Company

• block the entrances and prevent non-striking employees or deliveries entering the depot. This would be an illegal action

• These are all pressure tactics designed to force the Company to meet employee demands. • At the start of a strike, BVO’s may abandon Company vehicles where they are at that moment in time. Abandonment of

company vehicles

Type of Action Employee Behaviour Management Action

• Inform the Managing Director that a “go-slow” is apparent • Management should attempt to identify ways of proving that a “go-slow” is in process • Await further instructions • Ensure that this area is congenial enough to ensure that employees remain there. The Company may negotiate picketing rights with the union. If this is done, further guidelines will be forwarded to management:

• Request employees:

- to remain in the designated area. - not to harass non-strikers, customers, etc.

• Identify those employees

conducting the picket or harassment. • Await further instructions from SMT. • Is easy to identify, but very difficult

to measure.

• This action could be protected or unprotected industrial action, and could involve all employees or perhaps only a small group. • Employees may sing, chant and toyi-toyi. This may be loud and irritating, but it is more acceptable in the designated area.

• Picketing is becoming a common practice during industrial action. • A picket takes the form of employees deploying themselves outside or at the entrance of the depot. Normally they sing and carry placards displaying slogans or their demands.

• A picket line is an attempt by striking employees to:

keep “scabs” away from the workplace. Employees remain in the

designated area

Picketing Go slow

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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.

Rules of Conduct during Industrial Action • Employees shall:

- congregate only in designated area, or as directed at the time by management - not be allowed in any working area, or at workstations, unless they perform normal dutie - not interfere, intimidate or harass customers, suppliers or other employees

- 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

Sabotage

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 • Securing the emergency power room • Fire hoses, sprinkler system may be activated • Securing the electrical distribution boards • Drainage and sewerage systems may be blocked • Keys to trucks may be hidden • Securing the switchboard and PABX • 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.

SEE FROM - HR - 038

CONTINGENCY

PLAN GUIDE

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Strike Team Position Designation Responsible Employee’s Name Strike Team Leader

Security Coordinator

Internal Communication Coordinator Events Recorder Video / Camera Customer Liaison Management Spokesman Union Spokesman Union Official Regional Manager Managing Director ER Manager Applicable Union Applicable Union Managing Director or ER Manager

- not wear dress or attire other than the prescribed company dress whilst on Company premises - 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

• There shall be:

- no threats or violence, nor shall any acts of violence or violent behaviour take place - no damage or abuse of Company property

- no defacing of Company property, premises or equipment

- no possession of, or consumption of, alcohol, drugs or intoxicants on the Company premises - no possession, display or use of offensive weapons, explosives or inflammable materials

• 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. • No leave will be entertained for the duration of industrial action.

Note: Above are generic.

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 employee’s title and name as nominated: