NUMSA Denies Capitulating to NEASA's Demands

METAL INDUSTRY
 
'There is none so blind as those who will not see'
 
NUMSA DENIES
CAPITULATING 'NATIONALLY' AND'UNCONDITIONALLY' TO NEASA'S DEMANDS
 
Seifsa is the main proponent of those living in denial on this issue.

It is so obvious why.

 
"Sometimes, in fact, most times, it is hard to believe that Seifsa represents employers" – extract from an email from an Industry employer 

NUMSA, supported by their inseparable 'negotiating partner', Seifsa, denies its capitulation to NEASA's demands.

In doing so, NUMSA ascribes the following to NEASA's press statement in this regard: 

• "The above poisonous statement by Papenfus is a violent attack on the collective bargaining dispensation, fought and won by workers through their blood, sweat and tears and through mass action on the streets.

• The statement further reinforces our beliefs that NEASA, an apartheid wage slave-driver and class collaborator of the Free Market Foundation (FMF) wants to retain and reproduce apartheid income inequalities we inherited from our apartheid and colonial economic structure, where Blacks in general and Africans in particular are subjected to the most inferior poverty wages." This is according to 'Castro' Ngobese, NUMSA Spokesperson.

SO, NUMSA AND SEIFSA, HERE ARE THE FACTS (AGAIN)

1. On 27 June 2014 NEASA gave notice of its intention to lock-out all the trade unions who participated in the July 2014 strike. This notice contained all the NEASA demands which NUMSA capitulated to. Click here to view the letter.
 
2. When the four week strike ended, NEASA, on 28 July 2014, gave notice of the continuation of the lock-out (in the absence of an agreement between NEASA and these unions). This notice refer to and confirm the original lock-out demands contained in the 27 June 2014 notice. Click here to view this letter. 
 
3. On 11 December 2014, NUMSA's attorneys of record sent a letter to NEASA's attorneys of record, in which they unequivocally capitulated to NEASA's demands. That email read as follows: "If your client remains in any doubt, NUMSA, nationally and without any conditions agrees to your clients'/individual companies and NEASA's demands". This position was confirmed in an affidavit by NUMSA's attorneys in the Labour Court. In case you don't believe me, click here to view both the email and theextract of the affidavit of NUMSA's attorneys of record. 
 
4. The judgement by Judge Basson on the issue of the lock-out, which followed NUMSA's capitulation to NEASA's demands, contains the following: 

• "….. once NUMSA acceded unconditionally, which it in fact done nationally, to the demands of NEASA, no dispute further exists between NUMSA and NEASA members; and  

• "The lock-out by NEASA members of NUMSA is unlawful and unprotected as from the date of NUMSA's unconditional capitulation to the demands as set out in the lock-out notice dated 28 July 2014" (my emphasis). As I have mentioned before, the 28 July 2014 letter by NEASA refers to and confirms the contents of the 27 June 2014 lock-out notice. Click here to view an extract from the relevant judgement. 

 
5. NUMSA now raised as a defense (in order to save face) that this capitulation to NEASA's demands is invalid since no 'signed agreement' to this effect exists. We find it quite humorous that they now raise this view. NEASA demanded a signed agreement. NUMSA however convinced the Labour Court that this is not necessary. In this regard, referring to the NEASA submission, the Honorable Judge found as follows: "I am also not persuaded by the submission that until NUMSA agrees to enter into a written agreement it cannot be said that NUMSA has 'truly acceded to NEASA's demands'. I do not accept this submission particularly in light of the fact that NUMSA has capitulatedunconditionally. …. (and) …. nationally…" (my emphasis).  Click here to view the relevant extract from the judgement.
 
IT JUST CANNOT BE ANY CLEARER!
 
HOWEVER, IF SOMEBODY STILL DENIES THIS FULL BLOWN CAPITULATION TO NEASA'S DEMANDS, I CAN PERHAPS ASCRIBE THAT TO ONE OR MORE OF THE FOLLOWING LIMITING FACTORS:-

• not being in possession of any form of technology to access this and therefore has to rely on information from somebody who misinforms you;

• complete illiteracy, with not a single trustworthy soul around you to inform you of the truth;

• a sense of denial; a refusal to be confronted with reality (the truth), which comes as a result of severe shock and/or embarrassment; or

• just plain dishonesty – "lies lies, more damn lies".

 
Regards

Gerhard Papenfus