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The United National Transport Union (UNTU) will approach the Labour Court in Johannesburg for an expedited date to rule on the  dispute the trade union declared against the passenger rail operator for the non-compliance of a settlement agreement at the Commission for Conciliation, Mediation and Arbitration (CCMA).

Steve Harris, General Secretary, says UNTU is very disappointed to inform its PRASA membership that the union have no other option as to approach the Labour Court after a Senior Commissioner of the CCMA ruled on a technicality that he did not have the jurisdiction to grant an award in UNTU’s favour.

UNTU waited a month for the ruling after oral evidence was heard in the arbitration in the first week in December last year.

“This regrettable ruling by the CCMA will result in yet another delay for UNTU’s frustrated members. According to the settlement agreement signed by UNTU and PRASA in April last year, all these issues should have been complied with by September last year.

“UNTU approached the CCMA with the dispute to get a speedy resolution for our members after PRASA did not comply. At the CCMA the matter was heard in 30 days, where it takes between four to five months for opposed Labour Court Orders like this to be heard on the overcrowded court role of the Labour Court,” explains Harris.

Pieter Greyling, Deputy General Secretary of UNTU, says the Labour Court will be asked to make the settlement agreement that resulted after collective bargaining, an order of the court. “Once that is done, UNTU can attach PRASA’s assets if the state-owned-enterprise still does not comply to the court order, “says Greyling.

Greyling says the trade union hoped that PRASA’s management would come to its senses during the CCMA process and comply with the settlement agreement. This was not the case. PRASA’s management never intended to enter the negotiations in good faith.

Some of the issues in dispute are the 45-hour weekly averaging, sick leave, transport for nightshift employees, uniform clothing, discrepancies in the payment of overtime, salaries disparity and alignment, the acting policy, medical aid brokers and a performance management system for junior officials.

“UNTU realizes that our members suffer severe financial prejudice with every passing day. The Union will continue to use all means within is power to enforce the settlement agreement that PRASA’s management signed in bad faith,” says Harris.

Issued by UNTU