[DEBATE] : (Fwd) More strike communications

[Patrick Bond]

(Mass meeting at 10AM at Westville.)

PROPOSALS FROM UKZN EXECUTIVE LIKELY TO BE REJECTED

While agreeing to present two proposals from the University Executive to 
their members on Monday 13 February, the four UKZN Unions indicated that 
they would have little chance of being accepted.

The first proposal included an immediate award of R4m for "lower paid staff" 
(lower support grades) plus the acceptance of our entire original demand 
(the additional 4% increase plus a minimum of R250 in housing allowance and 
R100 in medical allowance) PROVIDED that an analysis of the University's 
finances (which can only be completed after 30 March 2006!) indicates that 
the resources are available for such an award.  Given that our demand is for 
an increase for all staff, and that the strike could not be suspended on the 
vague promise of a possible (unguaranteed) future award, we were sure that 
this proposal would be rejected.

The second proposal consisted of an award of 2% across the board effective 1 
January 2006 PROVIDED we give up our automatic notches from 1 January 2007; 
that all staff more than two years away from retirement give up the 
encashment of accumulated sabbatical (the others will have this benefit 
renegotiated); that the period of closure of the University between 
Christmas and New Year be deducted from annual leave and that the 
accumulation and encashment of leave be reviewed. While there is an offer of 
an additional 2% award, the benefits and automatic notches our members are 
required to surrender would have a much higher monetary value.  In addition, 
the University is introducing new areas of dispute that were not part of the 
dispute presented at the CCMA.  As a result, we are sure that this proposal 
will be rejected too.

Given the likelihood of rejection of these proposals by our members, we have 
planned for further strike action at all campuses of UKZN.

Programme of Action

Monday            9:00      Reportback meeting (Pmb: Lower library lawn)

13/2                  9:15      Busses leave Edgewood, Howard College and 
Medical School

                        10:00    Reportback meeting (Westville: Quad)

Tuesday           8:30      Busses leave Pmb

                        9:15      Busses leave Edgewood, Medical School and 
Westville

                        10:00    Staff assembly including academic forum

                                    (In front of Howard College)

Wednesday      9:15      Busses leave Howard College, Medical School and 
Westville

10:00    Workers' rally and Photo/Film Exhibition (Edgewood)

Thursday          9:15      Busses leave Edgewood, Howard College and 
Westville

                        10:00    Workers Cultural Festival (Medical School 
campus)

Friday              8:30      Busses leave all four Durban campuses

                        11:00    Public march from Pmb campus to provincial 
parliament

Monday            8:30      Busses leave Pmb

20/2                  9:30      Busses leave all four Durban campuses

                        10:00    Interdict court case hearing

                                    Public march to coincide with court case



ISSUED BY THE FOUR UKZN UNIONS

COMSA - COMBINED STAFF ASSOCIATION

NEHAWU - UKZN BRANCHES

NTESU - NATIONAL TERTIARY EDUCATION STAFF UNION

UNSU - UNIVERSITY OF NATAL STAFF UNION



Contacts: Kesh Govinder, Fazel Khan, Khethinkosi Mabaso, Lynette Noel



***



         A  Revised Proposal from the Executive to the 4 Unions



A.    Other Issues

We have agreed to the setting up of a joint Executive/Union task team to 
consider the other management issues raised by staff.



We should as a matter of priority set up the joint task team we agreed upon 
to put all matters on the table, prioritise these, devise processes for 
robust, free and frank discussions within the University community.



B.     The Salary Issue



A Response from the 4 Unions to the Executive proposal yesterday.



"In order to take the process forward, we suggest that the University 
Executive present a better offer to us that we feel can be presented to our 
members.  In your revised offer we would like the following issues on item 8 
to be addressed. While we again note that the University has finally placed 
a firm offer with regards to the salary dispute on the table, we expect to 
receive an improved offer that we can present to our members.



We state categorically that the time has passed for the setting up of a task 
team to consider the salary dispute.  However, we are sure that our members 
will be amenable to the setting up of a joint Executive/Union task team to 
consider the other management issues raised by staff."



As a principle of discussion and negotiation if an item or a proposal is 
rejected totally at a round it should be off the table completely. If an 
item or a proposal is rejected in a qualified manner those elements that are 
accepted should be carried forward and the qualifications if needing further 
clarity should be addressed in the next round. All points of agreement 
should be captured.



 "In our signed agreement last year, we specifically included an early date 
for the beginning of salary negotiations as we did not want a repeat of the 
late conclusion to these negotiations.  The current timeframes return us to 
the undesirable situation of last year. The 4 Unions.

This is true and the Executive accept this.

In our last year signed collective agreement we also agreed on a guaranteed 
minimum increase of 4% effective 1 January 2006 which could be reviewed 
based on assessment of CPI, CPIX and the financial position of the 
University for that year (refer to paragraph 5 of the Collective Agreement).



We are therefore jointly bound by these two statements and should honour 
both equally and not selectively choose one and ignore the other. As has 
been pointed out the financial position for the 2006 University budget will 
only become certain by 30th March 2006.



1. The Executive recognizes that salaries of all staff, particularly those 
in the grades 11-17 within our institution are on average below the norm and 
are rapidly falling behind our competitors; we further recognize the urgency 
of this issue.



2. The Executive is in full support of a salary increase of all staff within 
the University. We are not an adversary.



3. "We are pleased to note that you are in full support of a salary increase 
for all staff, and that the lagging of UKZN staff salaries behind the market 
norms is recognised." The 4 Unions



4. Any salary increase in an organization is linked to the financial 
performance, conditions of service, the prevailing CPI and CPIX. The 
percentage increase has to take into account the feasibility of such an 
increase and its impact on the sustainability of the University. The 
University is by law bound to demonstrate through its three year "rolling 
plan" that it is both sustainable and that expenditure falls within the 
norms prescribed by the Department of Education in order to qualify and 
receive its subsidy.



5. A comprehensive review of the current Conditions of Service is closely 
linked to making more resources available to the University's budget and 
hence the salary issue.



6. A review of the Conditions of Service and the financial performance of 
the University  with regards the 2006 budget can only be confirmed after the 
1st quarter of the year when the registration process is complete and 
Council has the opportunity to review the budget.



1st PROPOSAL ADDRESSING QUESTIONS RAISED BY THE 4 UNIONS



a. The Executive is committing R4million with immediate effect be allocated 
to the lower paid workers, the mechanism of allocation (a percentage 
increase or a once off payment) and definition of qualifying staff should be 
mutually agreed upon.



b. i) "The salary demand from the Unions is an additional increase of 4% 
across the board as well as an increase of a minimum of R250 in housing 
allowance and R100 in medical allowance.  Your proposal did not mention 
either of the allowance increases indicated above." The 4 Unions



This demand in (b. i) is accepted in its entirety and is in addition to (a) 
and should be addressed in one of two ways:



i)                    The demand should be addressed fully soon after the 
30th March when the financial position of the University is certain as per 
our Collective Agreement (refer paragraph 5).

ii)                   These funds and quantum increment will be contingent 
upon:

                   A review and recommendations on items 4, 5 and 6.

       Council approval of the proposal, recommendations and the revised 
budget.

It is suggested that this process is completed fully (from start to 
implementation) not later than 30th April 2006.



ii) At the CCMA hearing on 16 January 2006, the University's negotiating 
team made a monetary offer of R8 million to the Unions.  That offer was 
rejected by all four Unions. We are surprised that your current proposal 
includes an amount that is substantially less than the already rejected 
amount.

"In any negotiations any offer that is totally rejected never gets back to 
the table; it was my understanding that R4.5m was targeted for salary 
harmonization-which is not under discussion now." The Executive



iii) Item 1 of your proposal states that grades 11-17 are particularly worse 
off with regard to market norms. Item 6 commits an award for 'lower paid 
workers'. When read together these statements are ambiguous.  The Remchannel 
analysis provided to us by the University also suggests that some of your 
information is incorrect. In any event, we wish to point out that our salary 
demands have always been for ALL UKZN staff.



"Items 1 & 6 should be read to mean grades 11-17. My proposal is premised on 
the principle that the matter is for all UKZN staff as articulated in items 
1 & 2.The intention with reference to the 'lower paid workers' is an 
acknowledgement that it is this cohort that experiences the most financial 
hardship and deserve a prioritization." The Executive



While we have been asked to revise our proposal/offer in relation to the 
salary issue, we have seen no such revisions or movement from the side of 
the 4 Unions since the start of this process



2nd  PROPOSAL



The University response to the three issues is set out hereunder:



  1.. The University is prepared to allocate a further 2% across the board 
effective from January 2006. There will be no adjustment in either the 
housing or medical allowance in view of the need to review Conditions of 
Service. This allocation is subject to agreement on the immediate review of 
the Conditions of Service to bring it into line with the needs of the 
University taking into account the Public Sector and Tertiary Sector 
conditions. Whilst all provisions will be reviewed in the context of the 
earlier statement the following will receive immediate attention:


    1.. Removal of automatic notch.
There will be no automatic notch from January 2007. This amount will form 
part or the entire performance budget for the 2007 year. It is anticipated 
that the Performance Management System be finalized by July 2006 as agreed 
by the University's Staffing Committee







    2.. Encashment of Sabbatical Leave
The immediate withdrawals of this benefit save for those who are currently 
two years away from retirement where such benefit will be renegotiated. 
Sabbatical leave entitlement will remain a cherished principle of promoting 
scholarship and academic excellence.



    3.. Review of Annual Leave Entitlement
The immediate withdrawal of paid leave in the period between Christmas and 
New Year, as a benefit. These days will be deducted from the annual leave 
entitlement. A reduction in the accumulation of annual leave to a reduced 
number of days and a review of the encashment policy.



    4.. It is proposed that whilst these revisions are being negotiated that 
all
new employees move on to a new set of conditions where such conditions will 
make it clear that there will be no encashment of sabbatical leave, annual 
leave accumulation will not exceed 45 days and that they will be subject to 
other changes of conditions of service which are being revised.



i) Each of these proposals is a complete package and should be considered as 
such. They are both contingent on resource availability and approval by 
Council



MW Makgoba

Ahmed Bawa

Kanthan Pillay

Isaac Mafereka



12-02-2006



 ***



Response to "Revised Proposal from the Executive to the 4 Unions"



The 4 UKZN Unions will present the two proposals from the University to our 
members on Monday 13 February 2006.  We are certain that neither of these 
proposals will be acceptable to our members.



We have already covered objections to Proposal 1 in a previous submission.



The likely reason for the rejection of Proposal 2 is that, while the 
University has made an offer of 2% from January 2006, our members are 
required to give up various benefits and the automatic notch (for the 
majority of our members) which will have a monetary value far in excess of 
the 2% award.  In addition, this proposal introduces new areas of dispute 
that were not part of the dispute presented at the CCMA.



D Radebe: For and on behalf of COMSA

L Noel: For and on behalf of NEHAWU

K S Govinder: For and on behalf of NTESU

K Mabaso: For and on behalf of UNSU



12 February 2006