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SAMWU Memorandum of Demands to City of Ekurhuleni

  • Thursday, 01 June 2017 13:45
01 June 2017

We the members of South African Municipal Workers Union (SAMWU) have gathered here today after patiently banging and knocking at the door of the employer to open the doors of engagements between organised labour and the employer. We have assembled here inspired by the generation that formed and established this glorious trade union movement, the spear of the municipal workers 30 years ago. Our forebears had inspirations that SAMWU was to be beacon of hope for the municipal workers and the working class at large.

We are here today because of the immediate need to defend the hard won gains of municipal workers from attack by neo-liberalist. We have decided to gather our backs are against the wall and left with no other option but to fight back, defend and protect the hard won gains and workers’ rights from people who are masquerading as comrades during the day and owners of private companies doing business with the municipality at night who unashamedly continue to exploit the unemployed population in the name of poverty alleviation.

We are here representing a significant number of municipal employees, unemployed population and studying youth of Ekurhuleni.

We are angered by the anti-union posture wherein the municipality undermined the unions and introduce the so called Classic Salary Structure on the 25/04/2017. On the 04/04/2017 the Executive Mayor called our members to a stadium and make promises which he failed dismally to fulfil. We view the employer’s posture and tendency as irritating and can be likened to Free Market Foundations which is against the collective agreements. We therefore demand that a collective agreement on Classic Salary Structure be concluded between parties to the LLF on or before the 30/06/2017.

This Classic Salary Structure has brought many challenges and angered our members because some have been demoted and changed their conditions of services. The unilaterally introduction of performance management system. The unilaterally freezing of notches by the employer and the unbecoming behaviour by the employer in tempering with the contracts of employment of the workers. SAMWU stand by its decision and demand that the employer revert back to the X-Scales.

In 2014 this municipality stopped the historic gain, the selling of leave days without consultation. We demand that the employer restore the selling of leave days on or before the end of 30/06/2017.

SAMWU also demand the unfreezing of notches as well as the standardization of allowances.

The employer has adopted a cheap apartheid era tactics of undermining collective agreements and blatantly refused to implement concluded LLF agreements such as DEMS leave days and Funeral assistance amongst others.

We demand the payment of housing allowance of R350, 00 which has been unilaterally stopped by the employer and backdated from the date since it was stopped.

The employer has been consistently exploiting our members by employing them on fixed term contracts and EPWP in the name of poverty alleviation programme. We demand that all our members employed under fixed term contracts and EPWP be permanently absorbed in the new financial year.

We call on the employer to refrain from meddling and interfering in the SAMWU affairs. The employer has further decided to apply the cheapest apartheid era tactics of union bashing using the political power to muzzle and liquidate the rights of workers to assembly peacefully. We are not allowed in this municipality to have general meetings with our members a posture which is offensive and similar to the apartheid tactic era. SAMWU does not take instructions from the employer and refuse to be a servant of the employer. In the centre of SAMWU’s divisions is the employer represented by its chief agent Xolani Nciza who without prescribed qualifications is earmarked for the position of the Divisional Head Labour Relations. We are calling on the municipality to further refrain from recognising hooligans who claim to be representing SAMWU.

We are also calling on the employer to insource all outsourced municipal services including ERWAT, BBC and EDC. In the recent past we have submitted two memorandums of demands to the employer and we therefore demand immediate response to the previously submitted list of demands. We further call on the employer to reverse the appointment of the Ekurhuleni trio, the Chief of Police, Chief Operational Officer and Group Chief Financial Officer who have questionable reputations and their questionable appointments and further to that, we call on the employer to effect the appointment of Mandla Magagula from the date of his appointment. We demand the resuscitation of LLF structures and the restoration of CLU and the withdrawal of all spurious and frivolous charges and suspensions against our members in EMPD and Waste Management Services.

Our efforts to get all these genuine demands have been met with very hostile conservative attitude from the side of the employer in our quest to settle these disputes. SAMWU is very angry that the employer engage our members directly and treat legitimate leaders of SAMWU as common criminals.

This is the reason why SAMWU demand that the employer:

Stop using repression instead of collective bargaining and withdraw all cases and charged pressed against shop stewards and members.

Must implement all agreements reached and concluded at the LLF.

Must resuscitate and conclude a collective agreement on Classic Salary Structure.

Must restore the selling the selling of leave days.

Must revert back to X- Scales and unfreeze notches.

Must effect the appointment of Mr. Mandla Magagula.

Must backdate all workers who have been affected by the introduction of T-Scales.

Must insource all outsourced services and absorption of all fixed term contracts and EPWP workers.

Remove Xolani Nciza from all LLF processes.

Stop recognising illegitimate people claiming to be leaders of SAMWU.

We demand the intervention of EMM to the Municipal Employee Pension Fund (MEPF) in particular where employees who are members to this fund are facing many challenges of maladministration, fraud & corruption to their funds by undemocratic elected Board of Trustees and all the pensions and provident funds should be democratised to be Member Controlled Funds and increase of employer contribution of Sala Provident fund from 9.4% to 18% equal to other Provident or Pension Funds with in Ekurhuleni

12. The unilateral implementation of Performance Management based on this Ekurhuleni Classic Salary Structure in certain levels should be stopped.

We expect nothing else but a positive response within 7 days of receipt of this memorandum.

Presented on behalf of SAMWU by:

Regional Secretary: Thokozani Nkosi