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Tseleng September 2011 - nbcrfli.org.za

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Part II: Exposing the Council’s purpose<br />

and highlighting its benefits<br />

One of the key mandates of the NBCRFLI is to<br />

ensure labour peace amongst the road freight<br />

and logistics industry stakeholders. In its quest to<br />

achieve a stable employment relationship between<br />

industry members, it plays a leading role in<br />

facilitating wage agreements.<br />

The Council plays a major role when inter-alia strike<br />

action is contemplated within the road freight and logistics<br />

industry. Firstly, the Council does everything in its power<br />

to resolve the dispute in order to prevent strike action. The<br />

process will include holding meeting(s) where both parties<br />

to the dispute are present in order to mediate between the<br />

parties and resolve the dispute. The NBCRFLI Constitution<br />

provides for the following options which endeavour to<br />

resolve disputes:<br />

(i) The aggrieved party may refer the dispute in writing to<br />

the Council within 30 days of the dispute arising.<br />

(ii) The National Secretary must then convene at least<br />

two special meetings of Council to attempt to resolve<br />

the dispute.<br />

(iii) If the dispute is not resolved at the special meetings,<br />

the parties may agree whether further meetings of the<br />

Council should be convened to resolve the dispute or<br />

whether the dispute should be referred to voluntary<br />

mediation or arbitration.<br />

(iv) If no settlement is reached as contemplated in (iii)<br />

above, any party to the dispute shall be entitled<br />

to invoke the procedures contained in the Labour<br />

Relations Act.<br />

Wage Agreements<br />

The Labour Relations Act, 1995 empowers the NBCRFLI<br />

to negotiate and conclude substantive agreements on<br />

inter-alia wages in the road freight and logistics industry.<br />

Negotiations between the parties commence by following<br />

the agreed procedures as set out in the Negotiation<br />

Protocol document signed by all the parties to the Council.<br />

These procedures provide for pre-negotiation preparation<br />

by parties, time frames within which to conclude an<br />

agreement, outcomes and objectives of the prenegotiation<br />

preparations and finally the negotiation stage.<br />

Once the parties have concluded a wage agreement,<br />

it must be documented in writing and signed by parties<br />

who agreed to it. Council officials then become involved<br />

in the administrative procedures in order to get the wage<br />

agreement promulgated and extended to non-parties<br />

in the industry. Once the wage agreement has been<br />

promulgated, designated agents of the Council will ensure<br />

that the industry complies with the provisions of the wage<br />

agreement by conducting inspections and investigations.<br />

6<br />

NBCRFLI | TSELENG SEPTEMBER <strong>2011</strong>

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