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The National Union of Metalworkers of South Africa (NUMSA) welcomes the ruling of the Essential Services Committee which found that the manufacture, supply and distribution of steel was not an essential service. This follows an attempt by the management of ArcelorMittal South Africa (AMSA) to try and have some of its operations declared essential, as part of the organisations desperate attempt to limit the right to strike.

Background

AMSA applied to the Essential Services Committee to investigate whether the manufacture, production and distribution of steel is an essential service.  The Committee issued a notice to conduct investigation terms of section 71(1) and 70B (1)(d) of the Labour Relations Act on 6 August 2021. Public hearings were held between August and September last year as part of the process.

During the process, AMSA decided it was no longer seeking a wide designation but rather that it was seeking a designation to the effect that the Blast Furnaces and Coke battery Services which are part of the manufacturing and production of steel, are declared essential services. Further, it wanted the ESC to grant it a narrower consequential order to the effect that the services are essential for six days before the commencement of any potential strike action, because it argued that it needed to allow for a safe shut down of the blast furnaces and idling of Coke batteries. (AMSA was basically trying to extend the 48-hour strike notice to 6 days). All recognised trade unions participated in the hearing, and NUMSA is the biggest union at AMSA representing the majority of workers. So basically, the ESC had to determine whether blast furnaces and coke batteries as part of the manufacture/ production, supply of steel, are essential services.

In its submissions, NUMSA raised a jurisdictional issue and submitted that the powers of the ESC panel are outlined in section 70D of the LRA. The section is clearly a closed list. Further, whilst the ESC has the power to ‘determine whether or not to designate the whole or a part of a service as an essential service’, the ESC does not have the power to extend the 48-hours strike notice which is legislated. NUMSA argued that the only way the strike notice period can be changed is through the conclusion of a collective agreement between the parties, or by legislative amendment, because the LRA does not confer on the ESC the power to perform these functions.

In relation to the Blast furnaces and Coke batteries it was submitted “there was no causal link between the interruption of coke batteries and an imminent danger to life, safety or health of the whole or part of the population”.

NUMSA argued that AMSA has failed to provide convincing evidence that demonstrates that the interruption of the operations of blast furnaces and coke batteries “would cause an endangerment to the lives, personal safety or health of the whole or part of the population”.

The ESC found that there are safety risks in the operations of blast furnaces and coke batteries if these are not shut down in a controlled and well managed manner. However, the ESC found that whilst there may be endangerment during this process, such endangerment is not to the whole or part of the population, and therefore, there is no basis to limit the right of the employees to strike by designating the service as essential.

This is a victory for workers’ and their families because they can exercise the right to strike freely, as part of their negotiating power. The management of AMSA was defeated in their attempts to limit the right to strike. We want to thank all our officials who worked tirelessly to ensure that we have a positive outcome. We call on all workers at AMSA to join NUMSA in their numbers because we will always fight to defend their interests.

Aluta continua!

The struggle continues!

Issued by NUMSA Sedibeng Regional Secretary, Kabelo Ramokhathal