The National Union of Metalworkers of South Africa (Numsa) is not ruling out strike action against the Eskom, the Power Utility, for rejecting its wage claims.  Eskom is only offering a mere 7% as a salary increase for our members which are below what the National Energy Regulator (Nersa) has allocated for manpower cost increases.

This is a decision taken by Numsa’s National Shopstewards Council comprising our Shopstewards working for Eskom which met over the last two days.

It is common knowledge that electricity generation, transmission and distribution has been designated as an essential service in 1997 by the Commission for Conciliation, Mediation and Arbitration’s (CCMA) Essential Services Committee (ESC).

Numsa has declared a dispute in the ESC against Eskom’s generation, transmission and distribution of electricity’s designation as an essential service.  We are awaiting a set-down date for a hearing to rescind this decision.

Even though parts of Eskom have been designated as being engaged in an essential service, it should be common knowledge that this is not for the whole of Eskom and therefore some employees should be enjoying the constitutionally entrenched right to strike.

It is our view that in the absence of an agreed Minimum Services Agreement in Eskom this allows all of its employees to engage in a protected industrial action.  This was confirmed by the Constitutional Court’s judgement in SAPS v Popcru matter where it was ordered that not all of the SAPS employees are engaged in an essential service even though SAPS has been designated as being engaged in an essential service.

It is our argument that most probably the Labour Relations Act provisions for essential services are against the constitutionally entrenched right to strike and it is on this basis that Numsa is considering a challenge against any interdict against any strike in Eskom.

Numsa is also talking about this matter with the other unions which are organizing in Eskom for us to take a joint strike action against Eskom.

Numsa and other unions have agreed with Eskom to schedule another round of negotiations to attempt to reach an amicable solution to the disputes.

Numsa has received two set-down dates of July 7 for conciliating the disputes against Eskom’s refusal to disclose certain requested relevant information for the collective bargaining process as well as its refusal to extend the bargaining unit to also include all managerial employees.  We are still waiting for a set down date to hear the third dispute on the wage demands.

Issued by Numsa