Attempts by the National Union of Metalworkers of South Africa (NUMSA) to extend its strike action to the Port Elizabeth Terminal has been rejected by The Commission for Conciliation Mediation and Arbitration (CCMA).

The ruling confirms that Transnet’s handling of the matter was fair and reasonable.

Recognised unions SATAWU and UTATU SARHWU, who represent over 90% of the workforce in Port Elizabeth, joined the company in opposing the application. NUMSA has no members in the port of Port Elizabeth and 124 members  of the almost 600 colleagues at the Ngqura Container Terminal.

Making the decision, the CCMA upheld Transnet’s and the unions’ joint rationale for the refusal including that:

•             NUMSA had failed to prove that Transnet was unreasonable;

•             NUMSA had no members at the PE Terminal;

•             The majority unions did not support NUMSA’s action;

•             Picketing at the PE Terminal would be disruptive to other operators in the port; and

•             That the current action at the Ngqura Container Terminal had been characterised by violence and intimidation against our colleagues who chose not to take part in the strike.

A few employees who are members of NUMSA at the Ngqura Container Terminal have embarked on a no-work, no-pay strike since 25 April 2014. The strike was characterised by violence and intimidation against those of us who chose not to go on strike.

Transnet has imposed a lock-out on all striking employees until:

•             NUMSA agrees that Transnet will not engage NUMSA separately on their strike demands, or on any other matters of mutual interest unless and until NUMSA meets the thresholds of representativeness set out in the existing Transnet Recognition Agreement;

•             NUMSA accepts that Transnet has a managerial prerogative to determine the manning ratios within the Ngqura Container Terminal;

•             NUMSA accepts the manning ratios applied by Transnet from January 2014.

•             NUMSA agrees that any engagement between Transnet and trade unions concerning manning levels, the use of labour brokers, and transport subsidies will take place with trade unions recognised in terms of the existing recognition agreement concluded between Transnet, SATAWU and UTATU SARWHU.