LESSONS FROM MARIKANA

Transcription

1 LESSONS FROM MARIKANA AND THE PLATINUM STRIKE Presented by John Brand 25 June 2014

2 Courtesy: Greg Marinovich Introduction

3 Courtesy: Greg Marinovich Content THE MARIKANA CONFLICT A TENTATIVE ANALYSIS Manifestations Trigger Causes Aggravators Moderators

4 Courtesy: Greg Marinovich Content THE 2014 PLATINUM STRIKE KEY PROBLEMS WHAT NEEDS TO BE DONE

5 The Marikana Conflict Dynamic Courtesy: Greg Marinovich

6 manifestations moderators aggravators trigger causes

7 manifestations DISREGARD FOR THE LAW

8 Courtesy: Greg Marinovich DISREGARD FOR THE LAW

9 Collective Agreements Dispute Procedures Labour Relations Act Unprotected Strike DISREGARD FOR THE LAW

10 manifestations HOSTILITY DISREGARD FOR THE LAW

11 HOSTILITY Courtesy: Greg Marinovich

12 Courtesy: Greg Marinovich Anger Defiance Revenge Solidarity HOSTILITY

13 Courtesy: Greg Marinovich Anger Defiance Revenge Solidarity HOSTILITY

14 Courtesy: Greg Marinovich Anger Defiance Revenge Solidarity HOSTILITY

15 Courtesy: Greg Marinovich Anger Defiance Revenge Solidarity HOSTILITY

16 manifestations VIOLENCE HOSTILITY DISREGARD FOR THE LAW

17 Courtesy: Greg Marinovich VIOLENCE

18 Courtesy: Greg Marinovich Intimidation Assault Death VIOLENCE

19 Courtesy: Greg Marinovich Intimidation Assault Death VIOLENCE

20 Courtesy: Greg Marinovich Intimidation Assault Death VIOLENCE

21 manifestations VIOLENCE HOSTILITY DISREGARD FOR THE LAW NEW PLAYERS

22 Courtesy: Greg Marinovich NEW PLAYERS

23 Courtesy: Greg Marinovich AMCU Workers Committee Church NEW PLAYERS

24 Courtesy: Greg Marinovich AMCU Workers Committee Church NEW PLAYERS

25 Courtesy: Greg Marinovich AMCU Workers Committee Church NEW PLAYERS

26 manifestations VIOLENCE HOSTILITY POLICE ACTION DISREGARD FOR THE LAW NEW PLAYERS

27 Courtesy: Greg Marinovich POLICE ACTION

28 Courtesy: Greg Marinovich Shooting Torture Arrests POLICE ACTION

29 Courtesy: Greg Marinovich Shooting Torture Arrests POLICE ACTION

30 Courtesy: Greg Marinovich Shooting Torture Arrests POLICE ACTION

31 manifestations VIOLENCE HOSTILITY POLICE ACTION DISREGARD FOR THE LAW NEW PLAYERS GRIEF

32 GRIEF Courtesy: Greg Marinovich

33 GRIEF Courtesy: Greg Marinovich

34 manifestations VIOLENCE HOSTILITY POLICE ACTION DISREGARD FOR THE LAW NEW PLAYERS GRIEF FARLAM

35 FARLAM Courtesy: Greg Marinovich

36 CONSEQUENCES - 45 deaths and growing - Hundreds injured - Lonmin workers did not get a 22% increase as a result of the strike - Actually the maximum increase at Lonmin was 7.7% to the lowest grade - 10% 2011 increment - 7.7% settlement increment

37 CONSEQUENCES - The maximum actual increase to rock drillers at Lonmin was 3% - 10% 2011 agreement increment - R750 drill allowance previously agreed - 3% settlement increment - Lonmin workers lost ±12% of annual wages in the strike due to no work no pay - ±9000 Lonmin contract workers got nothing

38 CONSEQUENCES - All lost more in lost wages than they got in wage increases - The Lonmin contagion - Direct losses in gold and platinum amounted to R10.1 billion - Coal losses R180 million - Gold output fell 12% to 167 tonnes lowest since Gold industry loses R349 million per day of strike action

39 CONSEQUENCES - R15.3 billion lost across all mining sectors - There was a R12.5 billion reduction in export revenues in GDP growth forecast down from 3% to 2.5

40 manifestations moderators aggravators trigger causes

41 trigger

42

43 2010 Two Year Deal RDO s Miners Interim Increase IMPLATS Strike Mass Dismissal

44 manifestations moderators aggravators trigger causes

45 THE MONETARY WAGE? causes

46 R Rock drillers earn ±R per month R3 000 The average South African worker earns ±R3 000 per month

47 Of the average South African worker: 59% have pension 40% have medical aid 77% have UIF few workers have all 3 rock drillers have all 3

48

49 WAS A POVERTY WAGE A CAUSE? causes

50 WORKING CONDITIONS LACK OF TRI-PARTITE DIALOGUE BARGAINING STRUCTURES POLITICIANS THE SOCIAL WAGE BARGAINING SKILLS NUM causes

51 THE SOCIAL WAGE Courtesy: Greg Marinovich

52 Courtesy: Greg Marinovich Housing Refuse Removal Electricity Security Sewerage Education Health Transport Water Roads THE SOCIAL WAGE

53 Courtesy: Greg Marinovich Housing Refuse Removal Electricity Security Sewerage Education Health Transport Water Roads THE SOCIAL WAGE

54 Courtesy: Greg Marinovich Housing Refuse Removal Electricity Security Sewerage Education Health Transport Water Roads THE SOCIAL WAGE

55 Courtesy: Greg Marinovich Housing Refuse Removal Electricity Security Sewerage Education Health Transport Water Roads THE SOCIAL WAGE

56 Courtesy: Greg Marinovich Housing Refuse Removal Electricity Security Sewerage Education Health Transport Water Roads THE SOCIAL WAGE

57 Source: Housing Refuse Removal Electricity Security Sewerage Education Health Transport Water Roads THE SOCIAL WAGE

58 Courtesy: Greg Marinovich Housing Refuse Removal Electricity Security Sewerage Education Health Transport Water Roads THE SOCIAL WAGE

59 Source: Austin Andrews Housing Refuse Removal Electricity Security Sewerage Education Health Transport Water Roads THE SOCIAL WAGE

60 Courtesy: Greg Marinovich Housing Refuse Removal Electricity Security Sewerage Education Health Transport Water Roads THE SOCIAL WAGE

61 Courtesy: Greg Marinovich Housing Refuse Removal Electricity Security Sewerage Education Health Transport Water Roads THE SOCIAL WAGE

62 WORKING CONDITIONS LACK OF TRI-PARTITE DIALOGUE BARGAINING STRUCTURES POLITICIANS THE SOCIAL WAGE BARGAINING SKILLS NUM causes

63 Courtesy: Greg Marinovich WORKING CONDITIONS

64 Courtesy: Greg Marinovich Health and Safety Migrant Labour Wage Differentials Labour Brokers Unemployment Money Lenders Garnishee Orders Recovery Attorneys Discrimination Lack of Concern Lack of Respect

65 Courtesy: Greg Marinovich Health and Safety Migrant Labour Wage Differentials Labour Brokers Unemployment Money Lenders Garnishee Orders Recovery Attorneys Discrimination Lack of Concern Lack of Respect

66 Courtesy: Greg Marinovich Health and Safety Migrant Labour Wage Differentials Labour Brokers Unemployment Money Lenders Garnishee Orders Recovery Attorneys Discrimination Lack of Concern Lack of Respect

67 Courtesy: Greg Marinovich Health and Safety Migrant Labour Wage Differentials Labour Brokers Unemployment Money Lenders Garnishee Orders Recovery Attorneys Discrimination Lack of Concern Lack of Respect

68 Courtesy: Greg Marinovich Health and Safety Migrant Labour Wage Differentials Labour Brokers Unemployment Money Lenders Garnishee Orders Recovery Attorneys Discrimination Lack of Concern Lack of Respect

69 Courtesy: Greg Marinovich Health and Safety Migrant Labour Wage Differentials Labour Brokers Unemployment Money Lenders Garnishee Orders Recovery Attorneys Discrimination Lack of Concern Lack of Respect

70 Courtesy: Greg Marinovich Health and Safety Migrant Labour Wage Differentials Labour Brokers Unemployment Money Lenders Garnishee Orders Recovery Attorneys Discrimination Lack of Concern Lack of Respect

71 Courtesy: Greg Marinovich Health and Safety Migrant Labour Wage Differentials Labour Brokers Unemployment Money Lenders Garnishee Orders Recovery Attorneys Discrimination Lack of Concern Lack of Respect

72 Courtesy: Greg Marinovich Health and Safety Migrant Labour Wage Differentials Labour Brokers Unemployment Money Lenders Garnishee Orders Recovery Attorneys Discrimination Lack of Concern Lack of Respect

73 WORKING CONDITIONS LACK OF TRI-PARTITE DIALOGUE BARGAINING STRUCTURES POLITICIANS THE SOCIAL WAGE BARGAINING SKILLS NUM causes

74 BARGAINING STRUCTURES Courtesy: Greg Marinovich

75 Courtesy: Greg Marinovich Organisation Rights Problems Over Centralised Lack of Tiers Unresponsive BARGAINING STRUCTURES

76 WORKING CONDITIONS LACK OF TRI-PARTITE DIALOGUE BARGAINING STRUCTURES POLITICIANS THE SOCIAL WAGE BARGAINING SKILLS NUM causes

77 Very Adversarial Not Interest Based Poor Preparation Ill-informed BARGAINING SKILLS

78 NUM

79 Complacent Remote Ideological Bureaucratic NUM

80 WORKING CONDITIONS LACK OF TRI-PARTITE DIALOGUE BARGAINING STRUCTURES POLITICIANS THE SOCIAL WAGE BARGAINING SKILLS NUM causes

81 Courtesy: Greg Marinovich POLITICIANS

82 Courtesy: Greg Marinovich Poor service delivery Corruption

83 Courtesy: Greg Marinovich R25billion lost to corruption in government procurement

84 WORKING CONDITIONS LACK OF TRI-PARTITE DIALOGUE BARGAINING STRUCTURES POLITICIANS THE SOCIAL WAGE BARGAINING SKILLS NUM causes

85 LACK OF TRI-PARTITE DIALOGUE Courtesy: Greg Marinovich

86 manifestations moderators aggravators trigger causes

87 PAST UNRESOLVED CONFLICT MISTRUST ILLITERACY INNUMERACY UNREALISTIC EXPECTATIONS INACCURATE PERCEPTIONS MISREPRESENTATION POOR COMMUNICATION THE MEDIA POLITICS POLITICAL OPPORTUNISTS DEMONIZING POOR POLICING POOR MEDIATION aggravators

88 manifestations moderators aggravators trigger causes

89 moderators CHURCH NEED FOR PAY

90 manifestations moderators aggravators trigger causes

91 manifestations VIOLENCE HOSTILITY POLICE ACTION DISREGARD FOR THE LAW NEW PLAYERS FARLAM GRIEF PAST UNRESOLVED CONFLICT MISTRUST ILLITERACY INNUMERACY UNREALISTIC EXPECTATIONS moderators CHURCH NEED FOR PAY INACCURATE PERCEPTIONS MISREPRESENTATION POOR COMMUNICATION THE MEDIA POLITICS aggravators POLITICAL OPPORTUNISTS DEMONIZING trigger POOR POLICING POOR MEDIATION POLITICIANS BARGAINING STRUCTURES LACK OF TRI-PARTITE DIALOGUE WORKING CONDITIONS NUM BARGAINING SKILLS THE SOCIAL WAGE causes

92 2014 Platinum strike

93 2014 PLATINUM STRIKE - Deadlock at approximately 300% apart - AMCU s first move in the negotiation 2 months into the strike - 23 weeks of strike action - Extensive violence - 46% of annual wages lost by each striker - Total wages lost by workers R10 billion - Employees have lost R23 billion in revenue - Those workers still employed in 3 years time will only benefit then

94 KEY PROBLEMS The negotiation process

95 KEY PROBLEMS The negotiation process - Letter with a list of demands from the union - Rejection and low counter proposals by the employer - Assumption of eventual compromise - Lack of counter proposals by the employer - Superficial positional preparation

96 KEY PROBLEMS The negotiation process - Exaggerated motivation at the negotiation table - Demeaning of opponents - Threats to walk out and walk outs - Early declaration of disputes - Assumption that real negotiation will only take place with imminent or actual strike action

97 KEY PROBLEMS The negotiation process - Hope that an opponent will take fright and make concessions - Un-reciprocal concessions - Slow moves from concession to concession - Manipulation of information - Adversarial rhetoric

98 KEY PROBLEMS The negotiation process - Incremental removal of non-wage issues - Threats to use power - Benign uses of power - Widespread bad faith bargaining - All out strike action - Eventual compromise

99 Position Absurd Zone Insult Zone Position KEY PROBLEMS THE NEGOTIATION PROCESS Threat and Power Zone Position Haggle Zone Position PARTY A PARTY B COMPROMISE Position Position Position Position zone of potential agreement ZOPA Haggle Zone Threat and Power Zone Insult Zone Absurd Zone

100 Claimer Claimer = MEDIOCRE MEDIOCRE Outcome

101 Courtesy: Greg Marinovich KEY PROBLEMS Flawed organisational and collective bargaining rights

102 KEY PROBLEMS Flawed organisational and collective bargaining rights Platinum mines entered into restrictive Section 18 organisational rights agreements with NUM Representativeness was measured by signed stop order forms

103 KEY PROBLEMS Flawed organisational and collective bargaining rights The result was: newcomer unions, had to recruit thousands of members from outside a mine to get the most basic organisational rights

104 KEY PROBLEMS Flawed organisational and collective bargaining rights NUM became complacent because of lack of competition and failed to properly service members interests Workers chose to join AMCU Although AMCU became highly representative of significant communities of worker interests like, for example, rock drill operators, it couldn t service their interests or represent them in collective bargaining because it was refused basic trade union and collective bargaining rights

105 KEY PROBLEMS Flawed organisational and collective bargaining rights NUM, which didn t represent rock drill operators, agreed to wages for rock drill operators that were unacceptable to them An all or nothing war for majority status then broke out for AMCU to get official recognition and for NUM to retain it

106 KEY PROBLEMS Flawed organisational and collective bargaining rights The war had high stakes. The winner would have the benefits of: the full suite of organisational and collective bargaining rights full time shop stewards comfortable offices telephones and computers

107 KEY PROBLEMS Flawed organisational and collective bargaining rights The loser would have nothing This led to the production of fraudulent membership forms, intimidation, serious violence including murder and eventually to the Marikana tragedy When AMCU became the majority representative it has sought identical rights to what NUM had

108 KEY PROBLEMS Flawed organisational and collective bargaining rights AMCU entered into centralised, pattern collective bargaining with Amplats, Lonmin and Implats The collective bargaining was characterised by gross bad faith No strike ballot was held The strike was extremely violent

109 Courtesy: Greg Marinovich WHAT NEEDS TO BE DONE?

110 WHAT NEEDS TO BE DONE The social wage deficit Workers living conditions must be jointly addressed by Government, Employers and Unions

111 WHAT NEEDS TO BE DONE Strengthening of collective bargaining There have been calls to curtail unionisation, collective bargaining and the right to strike But, freedom of association, organisational rights and collective bargaining rights including the right to strike are enshrined in the Constitution The rights are therefore legally inviolable and are essential for a free market economy The problem is not the existence of the rights but how they are exercised and regulated

112 WHAT NEEDS TO BE DONE Organisational Rights Basic organisational rights must be granted easily with low thresholds of representativeness in appropriate constituencies to encourage a habit of coexistence between unions in the workplace Independently monitored ballots must be conducted to test representativeness

113 WHAT NEEDS TO BE DONE Duty to negotiate in good faith A duty to negotiate in good faith must be established

114 WHAT NEEDS TO BE DONE Designation of appropriate bargaining units In the absence of agreement the CCMA must be given the power to designate appropriate bargaining units within workplaces Unions must compete democratically for the status of representative collective bargaining agent in appropriate bargaining units

115 WHAT NEEDS TO BE DONE Minimum wage fixing The BCEA must be used to properly fix minimum wages

116 WHAT NEEDS TO BE DONE Tiers of collective bargaining Tiers of collective bargaining must be encouraged Workers actual wages and working conditions must be addressed as close to source as possible

117 WHAT NEEDS TO BE DONE Collective bargaining process centralisation must be accompanied by substantive decentralisation

118 WHAT NEEDS TO BE DONE Strike ballots Independently monitored strike ballots must be conducted in appropriate constituencies with appropriate quorums

119 WHAT NEEDS TO BE DONE Strike violence The Courts must have the power to declare strikes that are accompanied by high levels of violence as unprotected

120 WHAT NEEDS TO BE DONE Negotiation skills A negotiation academy to jointly train union leaders and managers (including executives) in modern mutual gain negotiation theory and practice must be established Negotiation with the following characteristics must be encouraged: Meticulous preparation Use of independent and trusted facilitators

121 WHAT NEEDS TO BE DONE The adoption of problem solving methodology The exploration of causes, interests, needs, fears and concerns

122 Effective negotiation

123 Problem Solver Problem Solver = GREAT GREAT Outcome

124