A group of manganese ore workers in Gqeberha has downed tools after seven months of failed negotiations, including disagreements over a wage increase.
The Tradekor workers, represented by the National Union of Mineworkers (NUM), have been on strike since Monday last week.
Negotiations included failed arbitration at the CCMA.
Demands put to the Markman manganese ore handler by the union include a 15% wage increase after the same wages are given to workers they claim to have the same job descriptions.
They also demanded 30 days of annual leave, an incentive bonus of R1,500 a month, an annual bonus and 10 days of family responsibility leave a year.
Tradekor was told to guarantee the continued payment of temporary workers unable to handle manganese ore due to having high manganese levels in their blood.
After the union rejected several concessions — including a 6.5% wage increase, alternative roles for employees with high manganese exposure, a R450 incentive for workers directly handling manganese, and R350 for those indirectly involved — Tradekor has now offered a 5% wage increase and a R35 night shift allowance.
The parties last met at the CCMA on February 21.
NUM chief negotiator Mpumzo Mfuku said that members were prepared to return to their posts if Tradekor brought a revised offer.
“We have issues of workers not being paid the same rate for the same work. One earns R137 while another R160 per hour,” he said.
“This is an abnormality we have to correct before we even look at the wage increase of 15%.
“We can look at whatever remedies are available because this is not just an equity issue, but an effort to address the imbalances of the past,” he said.
Mfuku said Tradekor has to also restructure its basic wage offer, which is capped at 195 hours a month.
“This is calculated over the shifts they work, including Saturdays for the current structure.
“If they do not reach the 195 hours due to cancelled shifts, the employer does not pay them the equivalent of those hours.”
He said this payment structure must be removed and workers should be paid 195 hours regardless of whether they work or not.
Often, shifts are cancelled due to problems with Transnet bringing in manganese ore via trains.
“This must be removed and workers must be paid for the hours they are supposed to report for work and overtime.
“They must also include the hours the employer failed to provide work,” he said.
Van Staden Terblanche Incorporated attorney Stephan Terblanche represents Tradekor.
He said issues taken up by the union were two rights disputes that should be handled at the CCMA between contracted parties.
“Tradekor reached an agreement on all the other demands of the employees except those two items because they are rights disputes.
“The law allows the differentiation to happen.
“The union is taking the simple stance to say that the same job [equals] same pay rate, which is not in terms of the Employment Equity Act, and that is why we said the CCMA should decide on that issue.
“We even decided to do a formal grading exercise, but they chose to interpret that as an admission of wrongdoing, which it is not but a matter we are prepared to undergo so that employees can see what the position is.
“On the hours of work, the company operates on the basis that at any stage Transnet can cancel the delivery of manganese, so there is a shift cancellation.
“What that means is that the principle of no work, no pay applies.
“What we have been prepared to do is when an employee does not reach the 195 hours, the employer gives the hours they need to make up the rest,” he said.
He said that according to the contracts, the company has a six-day work week with time-and-a-half pay applied on Saturdays.
“We have also placed our demands on the table, which state we will implement a 5% wage increase and a night shift allowance, but all other negotiations are off the table.
“This is the first year that there have been formal union employer negotiations, and the employer has gone over and above to concede to eight of the demands that were made.
“If all the concessions are considered, they equate to a 10% increase,” he said.
Terblanche also condemned threats of violence that had allegedly been made against non-striking workers.
Part of the concessions includes preventing workers with high manganese levels from directly handling the chemical compound; however, the same pay rate will still apply for the alternative work that will be provided.
This was also a strong point of contention between the two parties, as workers claimed they were effectively laid off for up to two months at times after elevated levels were detected.
Phumzile Nogogwana, who was also picketing on Tuesday, said he had not been paid for the past three months after the pre-screening test was done in November.
“I have not been paid since December. Instead, I was asked to bring a sick note,” he said.
The Herald
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