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As union turf wars heat up, Lonmin's already met two of the three factors to hold a protected strike...

by , 28 May 2013
The Marikana strikes aren't just a thing of the past - they could be a future event too. That's because Association of Mineworkers and Construction Union (AMCU) president Joseph Mathunjwa has said that a protected strike at the Lonmin Marikana mine is a possibility as talks about majority union recognition have deadlocked thanks to unsuccessful talks at the CCMA. As a result of this AMCU only needs to meet one more requirement to hold a protected strike...

 
The Association of Mineworkers and Construction Union (AMCU) leader Joseph Mathunjwa is fighting for majority recognition at the North West platinum mine.
 
He's gone so far as to call on the National Union of Mineworkers (NUM) to vacate its offices because AMCU now represents 70% of these employees, says EyeWitnessNews. 
 
But the situation is far from amicable, with tensions between the unions high, sparking fears of further unrest.
 
Here's why NUM and AMCU are having a 'union turf war' at Lonmin's Marikana mine…
 
NUM says its members have been intimidated to join AMCU and that it has an agreement in place to only leave the office space in July.
 
And NUM's already been 'de-recognised' at Impala Platinum mine as rivalry between the unions intensifies and escalates into violence, as feared, says FSPInvest.
 
Expect a protected strike at Lonmin's Marikana mine as CCMA talks were unsuccessful
 
This comes as talks at the Commission for Conciliation, Mediation and Arbitration (CCMA) last week were declared unsuccessful, and AMCU's now deciding whether to go for arbitration  or apply for a protected strike, explains EyeWitnessNews.
 
That's because in terms of the Labour Relation Act (LRA), trade unions can press for organisational rights.

This means any trade union with enough members at your workplace can demand that you accept the union as an official union in your workplace, says the Labour Law for Managers Loose Leaf Service.
 
Now, chances are high that AMCU will decide to embark on a protected strike.
 
Do you know the three factors a union must meet to hold a protected strike?
 
That's because it already has proof that it's been to the CCMA to have the matter settled peacefully, as well as a certificate from the CCMA proving that conciliation failed to settle the dispute, says FSPBusiness.
 
The final factor in making it a protected strike, meaning that if the strikers are dismissed they'd have to be paid up to two years' remuneration in compensation or reinstated with full back pay calculated from the date of the dismissal, is that they need to give proof they've given notice that they're going on strike.
 
That's all it takes for the strike to be seen as 'protected', or what was known as 'legal' back when 50% + 1 of your employees first had to vote in favour of the strike.
 
It looks like AMCU has everything in order for a protected strike, so watch productivity take a nosedive at the Lonmin Marikana mine as a result.
 


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