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FRAMEWORK FRACTURE

6th September 2013

By: Darlene Creamer

  

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FRAMEWORK FRACTURE – The Chamber of Mines has been asked what it intends doing about member-company Lonmin allegedly breaching the framework agreement of Deputy President Kgalema Motlanthe in recognising only one of its four unions. Solidarity is referring its exclusion to the Commission for Conciliation, Mediation and Arbitration with a view to seeking a protected strike with the support of the also-excluded National Union of Mineworkers. Lonmin is accused of breaching clause 5.3 of the agreement by giving sole bargaining recognition to the Association of Mineworkers and Construction Union. Clause 5.3 of the framework agreement deals with the majoritarian winner-takes-all principle and its perceived violation of the right to freedom of association, which is enshrined in South Africa’s Constitution, which is highly regarded internationally.

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