According to The Post, Kansanshi Mine has declared a dispute with the unions negotiating for new conditions of service for workers insisting that they could only give them a 15 percent salary adjustment. The discussion between the company and the unions demonstrates the problems with Zambia's labour legislation, previously discussed on this blog, which means that companies negotiate wages with a ridiculous advantage over their employees - it is virtually illegal for the workers to withdraw their labour power. Zambia's legislation is a hangover from the days of the one party state when the mining company was the state and the state was the ruling party, and the workers and their unions were one of the only alternative sources of political organisation and contestation in the country. Controlling miners wage demands through non-democratic control on union organisation, and bringing the oppressive machinery of the state into wage negotiations were key to the maintenance of UNIP's economic objectives. Quite why the state now maintains such an active role in what would otherwise be ordinary collective bargaining between workers and their employers is beyond me.
The Post quotes a letter dated April 7, 2008 addressed to the unions, Kansanshi Mine Resource Optimisation manager, Len Heyneke, stated that a dispute had arisen since the 90 days had elapsed, when the collective bargaining process commenced.
Heyneke said Kansanshi management communicated its final offer to the two unions on March 28, 2008 but was not accepted by the unions despite numerous meetings having been held prior to the offer made.
"We note that the information concerning an impending strike has not been refuted by the unions. We feel that a strike is totally uncalled for and extremely concerning because we have been very accommodating and flexible throughout the negotiations," Heyneke said.
Heyneke warned the unions that should they not hear from them within 24 hours, management would take such lawful measures as may be necessary to preserve the interest of both the mine and well-meaning hardworking employees.
"Given that it is now over 90 days since the collective bargaining process commenced and there is no agreement in sight, it is our understanding in the circumstances that a collective dispute has arisen," read the letter.
"We expect the union to ensure that such an eventuality is prevented by all means and we request you to make written assurance that no such strike will be attempted."
But NUMAW vice national secretary Christopher Sulute said such threats from management would not deter them from demanding for decent wages for the workers. He said since management declared a dispute, the unions could not prevent a strike.
"What we are demanding for is very genuine because Kansanshi is not making loss but profit as indicated in their flash monthly financial reports, we know that they are able to pay but they just don't want," Sulute said.
Sulute explained that the miners had justified reasons for making the demands but management had not given them reasons for rejecting them.
"It is not us union leaders demanding for these increments, it's the workers themselves, we are just mere ambassadors who carry this message to management on their behalf and if management rejects these demands then they should know that they are rejecting the demands of their workers" stated Sulute.
Meanwhile, Zambia Federation of Employers (ZFE) President Dr George Chabwera has said that it would be irresponsible for Kansanshi Mine workers to take industrial action. Reacting to the looming industrial unrest at Kansanshi Mine, Dr Chabwera said that the position workers had taken against management over the stalled negotiation on new conditions of services for workers was not correct.
"Workers should realise that there were laid down procedures in collective bargaining which need to be followed before workers could start talking about a strike action," he said. He added that it would be reckless for workers to talk about striking. Dr Chabwera said any strike action or physical violence that would be taken might be illegal and might result in management instituting disciplinary measures against those that would be involved.
"Striking should be the last action to take, workers should just wait for management and the Union to sit and come to an agreement. If nothing is done then they should strike if they want," he said.
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