NATIONAL NEWS - ArcelorMittal says strike action initiated by National Union of Metalworkers (NUMSA) has been marred by numerous acts of violence and intimidation of non-striking employees. This despite the strike and picketing rules agreed between the company and the union.

The company has indicated its concerns to NUMSA but claims that to date, there have been no real or tangible efforts by the union to stop these acts.

An employee was shot and is currently recovering in hospital. 

Multiple incidents of assault or attempted assault of non-striking employees have been reported. There have also been alleged incidents of intimidation of employees and their families at work, on their way to work and at their homes.

The company says that there have been several incidents of stoning and attempted damage to employees’ and contractors’ vehicles, road blockades and other disruptions intended to prevent access to company premises.

According to AlcelorMittal, cases have been opened with the SAPS and arrests have already been made in some of them.

“Given that NUMSA has thus far not made any reasonable effort to address the unlawful and disruptive conduct of its members and has not demonstrated that it is willing or able to do so, we do not have any confidence that the union will be inclined to or capable of ensuring that the process to hand over a memorandum at our offices will be carried out peacefully,” says Kobus Verster, ArcelorMittal South Africa’s Chief Executive Officer.

“To ensure the safety of our employees and the security of our business premises, we, therefore, did not permit the handover.”

The company did offer to receive the memorandum in writing by email or fax.

The company is providing the necessary support to the employees and their families affected by these illegal acts and is taking determined steps to ensure the safety of all employees who are coming to work.

This includes an application for an urgent interdict prohibiting these acts of violence and intimidation, which was granted by the Labour Court on Friday.

The interdict:

• prohibits the respondents from committing, enticing or encouraging all forms of acts of misconduct in support of their strike action
• Requires the respondents to comply with the picketing rules
• Requires the respondents to provide the court, within 48 hours and in writing, a plan of action to ensure compliance with picketing rules and to ensure that non-striking employees will not be attacked or intimidated
• Orders the respondents to issue a written statement to its members condemning the violence and intimidation.

“The company respects the rights of employees to embark on industrial action, but this must be in compliance with the law and having regard for the rights of others,” says Verster.

“It is extremely disappointing that employees who have been participating in the strike do not have any regard for the law.”

The Labour Court initially granted an interim interdict that prohibited ArcelorMittal South Africa employees working at the blast furnaces, coke batteries and steelmaking in Vanderbijlpark and Newcastle, from embarking on strike action.

This was based on the argument that these areas of operation are considered essential services and was pending final judgment. However, on May 19, the Labour Court provided judgement in this matter and did not grant the final interdict.

Among other reasons, this was because the Labour Court did not want to pre-empt the decision of the Essential Services Committee on this matter and the company will now pursue this further with the Essential Services Committee.

The company tabled two improved, alternative final offers, subject to certain conditions, for union (NUMSA and Solidarity) consideration on Friday:

• A 6% increase on all remuneration elements, including allowances, standby and medical aid, plus a R5 000 once off ex-gratia payment, or
• A 6.5% increase on all remuneration elements, including allowances, standby and medical aid, without any cash payment.

Both NUMSA and Solidarity have indicated they would not move from their previously held demands of a 7% increase with a R5 000 once-off cash payment.

“We believe the offers we have tabled in an effort to put an end to the wage dispute are fair and more than competitive when compared to recent agreements in similar sectors,” says Verster.

“The current strike action is unfortunate and not in the best interest of any stakeholders or the business.”

Article: Caxton publication, Alberton Record