The South African Commercial, Catering and Allied Workers Union (SACCAWU) has formally rejected the Section 189 notice issued by retailer Pick n Pay to workers, accusing the company of undermining collective bargaining processes and vowing to pursue labour action.
The union warns that Pick n Pay’s proposed overhaul of its store labour model could push workers out, despite previous assurances that no jobs would be cut.
Speaking on behalf of the workers, SACCAWU representative Mr. Cyril Mpanza described the morning of Monday the 4th, when workers received Section 189 letters, as “a black Monday.”
“They were so surprised because it was never anticipated, given that on the bargaining table, on the negotiation table, some of those items that are on the list from the employer were once introduced but the employer decided to take them off,” Mr. Mpanza said.
He explained that rather than returning to the negotiating table, the employer is now binding negotiations with the Section 189 process. “Now it leaves two doors: you take these restructuring or you take the Section 189, which is a concern because it will mean that workers now have to either… don’t vary,” he said.
Mr. Mpanza noted that most of the items the employer is addressing are already contained in existing agreements. “The employer is deciding that let’s look at all the agreements at once, and it doesn’t give time because now it will be under the auspices of the CCMA and the Section 189. It doesn’t give time for engagement. It’s just a matter of ticking the box.”
He said the union’s wish is for Pick n Pay to go back to the table to engage on the items. “Instead, the employer resorts to Section 189, which puts pressure on workers.”
The union has raised specific concerns about several proposed changes, including:
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Reduction of working hours from 196 hours to 176 hours
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Doing away with transport for employees who work late shifts
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Withdrawal of the negotiated 13th cheque for non-management bargaining unit members
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Scrapping of 1.5% Sunday pay by treating Sunday as a normal working day
Mr. Mpanza said workers are angry and that the federation COSATU is also unhappy with the situation. “The feedback that we get from the workers is that we need to fight, and we will use everything we have to protect our rights and to protect those benefits that we fought for.”
SACCAWU plans mass mobilization against the employer’s proposals and is also engaging with the Department of Employment and Labour to intervene. The union continues to urge Pick n Pay to return to the negotiating table.
