1. Strikes and Lockouts
Lecture 18

2. OTHER FORMS OF INDUSTRIAL ACTION
Secondary strikes
Picketing
Protest action to promote or defend socio - economic interests
Strikes of lockouts in response to impending retrenchments

3. SECONDARY STRIKES
EMPLOYEES STRIKE IN SOLIDARITY with and in support of employees working for another employer, thereby strengthening the hand of the latter group of employees
“support strike”
The Primary strike must be protected
Secondary strikers gave their own employer at least 7 days written notice prior to the commencement of the secondary strike
Harm caused to the secondary employer is reasonable in relation to the possible effect that the secondary strike will have on the business of the primary employer. The so called “proportionality test”

4. PICKETING Must be members of a REGISTERED trade union
Trade union must have authorised the picker
Peaceful demonstration
Must be in support of a protected strike or in opposition to a lock out
Takes place outside the employer’s premises or WITH permission, inside of the employer, inside the premises of the ER
Agreement must have been reached on picket rules or in the absence thereof- CCMA will prescribed rules to be followed.

5. Protest action to promote or defend socio- economic interests
NO legal engagement if you are employed in essential services or maintenance services
Must have been called by or authorised by a registered trade union of federation of trade unions
NEDLAC must have been given notice of the protect action including the reasons for and nature of the action
NEDLAC must have considered the reasons giving rise to the protest action
NEDLAC must have been given at least 14 days notice of its intention to proceed with the action
Employees must not be on breach or contempt of an order of the LC relating to the protest action

6. STUDY
STUDY THE TABLE ON P 364 OF THE HANDBOOK!!

7. LOCK- OUTS The economic weapon of the ER during the bargaining process
A strike is the weapon of the EE during bargaining processes
See the definition in section 213 of the ACT- the employer must act AND the action must be in pursuit of a specific objective
This is the exclusion of employees by an employer of the workplace for the purpose of compelling the EE to accept a demand in respect of any matter of mutual interest between an employer and en employee
Needs to conform to procedures prescribed
Consequences of non compliance??