This issue of eVoice gives a detailed explanation on the latest on salary negotiations and the Occupations Specific Dispensation (OSD) negotiations that led to the signing of Collective Agreement Number 4. We know that most of our members have taken the strain waiting for the finalization of these matters. The salary negotiations have not yet been concluded.

UPDATE REPORT ON THE 2009 WAGE NEGOTIATIONS

The Public Service Co-ordinating Bargaining Council (PSCBC) resumed on Monday 17th August 2009 after the Employer failed to table its counter-proposal on Thursday, 13th August 2009 as agreed.

The employer tabled its offer but Labour felt it didn’t fully address their demands and asked to be given time to do further analysis and consultation. Labour also urged the employer to come up with a revised and an improved offer. Council will resume on Monday, 31 August.
The Employer’s initial offer included the following:

o The sliding scale as follows:
- Levels 1 – 3   = 10%
- Levels  4 – 6  =  9%
- Levels  7 – 12 = 8%
o This would translate to approximately 8,5% across the board, which is also inclusive of 2% shortfall emanating from Resolution 1 of 2007.  In real terms the offer translates to 0,5% as against the inflation rate of 6%.
o The implementation date would be 1st July 2009.
o This would be a 2-year multi-term agreement (2009/2010 and 2010/2011).

Labour noted the Employer’s offer and indicated the following:

o That it does not address itself to the demands of labour.
o That the Employer’s interpretation of Resolution 1 of 2007 is wrong. 2007 July pay and April 2008 would be paid in 2009 as a shortfall

On Tuesday, 18th August 2009, Joint Mandating Committee made up of presidents and secretaries of the Unions met and resolved as follows:

o That the envisaged Public Sector Summit be postponed to the 1st quarter of the year 2010.
o That the Collective Desks of various affiliates should convene and analyze the Employer’s offer with a view of consolidating a comprehensive response.
o The JMC would the reconvene on Tuesday, 25 August 2009 to look into the comprehensive response in preparation for tabling at the Council.
o On Wednesday, 26 August the Principals of both COSATU (JMC) and the Independent Labour Caucus (ILC) would meet to discuss and develop a joint response to the Employer’s offer. This will be presented to the Council of the 31st August 2009. 

WHY SADTU SIGNED THE COLLECTIVE AGREEMENT No. 4 OF 2009 OF THE ELRC.
 
The South African Democratic Teachers Union (SADTU) welcomed the signing of the Draft Collective Agreement Number 4 of 2009 by the Department of Education, which came nearly a month after SADTU – the majority union in the bargaining chamber – indicated its readiness to sign.

SADTU, after extensive consultation, finally signed the Collective Agreement on Friday, 14th August 2009 as a means of securing the best deal for our members. Teachers will be paid retrospectively as stated in the attached addendum and clause 5 of the agreement. All collective agreements signed state date of implementation. The date of implementation for this collective agreement is 1st July 2009. No educator shall lose the benefits just because the payment date is not specified.  What is crucial to us is the retrospective provision of the agreement, as we shall put in mechanisms in Council to ensure that the implementation takes place as soon as possible. The implementation schedule shall be discussed further at the ELRC on Friday, 04 September 2009.

The OSD negotiations process began in 2007 after the signing of the PCBC Resolution Number 1 of 2007 following a month-long strike in the public service.

Below is the update of all signed Collective Agreements of both the ELCR and the PSCBC for the year 2009.

EDUCATION LABOUR RELATIONS COUNCIL (ELRC)

FOUNDING AGREEMENT

The ELRC signed the Founding Agreement on the 09th June 2009 “Further Education and Training Colleges Sector Interim Bargaining Unit”, the purpose of which was:

o To formally establish and activate the FETC Sector Interim Bargaining Unit for the FETC Sector, within the ELRC; and
o To commence with the provision of bargaining and dispute resolution services to the FETC sector as envisaged in the FETC Act 16 of 2006, Collective Agreement Numbers 4 and 5 of 2007, Collective Agreement 5 of 2008 and the Labour Relations Act No. 66 of 1995.

COLLECTIVE AGREEMENT No. 1 OF 2009 “Further Amendment of the ELRC Constitution as certified by the Registrar of Labour on 25th April 2007 and as ratified by Collective Agreement No. 6 of 2007.”

The purpose of this agreement is to amend the Collective Agreement number 6 of 2007 that ratified the Constitution of the ELRC as certified by the Registrar on 25th April 2007, such that:

o The Council may, by a resolution of Council, extend the scope to include other educational sectors including small and medium enterprises in the education sector; and
o To extend the scope to the Employer/s in the Further Education and Training Colleges’ sector and those Employees (the educator/lecturer/management categories of employees) of which the FETC Act applies.

COLLECTIVE AGREEMENT No. 2 OF 2009 “Matters identified for Collective Bargaining in Public Education.”

The purpose provide for a list of priority areas identified for collective bargaining as follows (but not limited to):
o Teacher Appraisal (IQMS, PMDS etc)
o Education Management Services (EMS) for School and Office Based Management
o Job Evaluation for Office Based Educators
o Teaching and Learning Specialists and Senior Teaching and Learning Specialists
o Recognition of Prior Learning (RPL)
o Revision of Personnel Administrative Measures (PAM)
o Anomalies and Backlogs

COLLECTIVE AGREEMENT No. 3 OF 2009 “Implementation of an interim measure for Education Specialists (Therapists and psychologists) employed in the Public Education.”

The purpose of this agreement is to provide for the implementation of interim measures for Therapists and Psychologists employed in Public Education as follows:

o To provide an across-the-board once off payment for qualifying Educator Specialists on their current annual salary notch (basic salary).  This will cover the period of 15 months (1 April 2008 – 30 June 2009), as compensation for the shifting of the date of implementation in terms of PSCBC Resolution 1 of 2007; and
o Qualifying Educator Specialists shall receive a maximum of 4% of their annual notch as a lump sum non pensionable payment. To qualify, Educator Specialists must have been in service on 1 July 2009.  Pro rata payments will be made to Educator Specialists who entered the service after 1 April 2008.

COLLECTIVE AGREEMENT No. 4 OF 2009 “Finalisation of matters linked to the Occupation Specific Dispensation in Education.”

1. PURPOSE OF THIS AGREEMENT

The purpose of this collective agreement is to finalize matters linked to the Occupational Specific Dispensation in Public Education.

2. SCOPE OF THIS AGREEMENT

This collective agreement applies to and binds:

2.1 The employer, and

2.2 All the employees of the employer as defined in the Employment of Educators Act, 1998, whether such employees are members of trade union parties to this collective agreement or not.

3. THE PARTIES TO COUNCIL NOTE AS FOLLOWS:

3.1 That there is an urgent need for parties to conclude discussions and negotiations on matters identified as crucial for the development and provisioning of quality public education.
 
3.2 ELRC collective agreement 1 of 2008 which created a framework for the implementation of the Occupational Specific Dispensation (OSD) for educators.

3.3 Paragraph 4 of ELRC collective agreement 1 of 2008.

3.4 Process matters emanating from ELRC collective agreement 2 of 2008.

3.5 That there is a need to investigate and research the salary structure applicable to educators in South Africa and to review the remuneration system in education.

3.6 That relevant work experience is vital in providing quality teaching.

3.7 That it is important to provide for pay progression as a measure to acknowledge performance in line with ELRC collective agreement 8 of 2003.

4. THE PARTIES TO COUNCIL THEREFORE AGREE AS  FOLLOWS:

4.1 Salary Structure

4.1.1 That further research shall be commissioned by the ELRC around the current salary structure applicable to institution and office based educators.

4.1.2 That the ELRC shall appoint an actuary by 31 August 2009 to investigate the appropriateness of the current salary structure within education and further develops a proposed model which shall be discussed and finalized in the ELRC.

4.1.3 The work of the actuary must be completed by 30 November 2009.

4.1.4 Notwithstanding the above, parties commit to the processes relating to the review of the remuneration system for the entire public service as per PSCBC Resolution 2 of 2009.

4.1.5  A working group of the ELRC will be established to oversee and monitor implementation.
 
4.2 Recognition of Experience

4.2.1 With effect from 1 July 2009, experience shall be recognized based on the awarding of one notch for every 3 years worked, calculated from the date of employment as an educator in Public Education.

4.2.2 The new salary notch shall be calculated based on the position of the educator as on 30 June 2009.

4.2.3 The recalculation of the salary notch shall be limited to all educators with 3 and more years of actual service.

4.2.4 The current provisions relating to the recognition of relevant experience on appointment from outside public education shall still apply.
 
4.3 Salary Progression and Accelerated Salary  Progression

4.3.1 That Salary Progression of 3% shall be paid to educators on 1 July 2009.

4.3.2. That the accelerated pay progression of 3% for good and 6% for outstanding performance shall be terminated with immediate effect.

4.3.3. The saving from this action shall be utilised for a 3% pay progression for 2009 and annual pay progression of 1% thereafter.

4.4    Improvement of Conditions of Service for educators   on REQV 10 - 12
 
4.4.1 With effect from 1 July 2009 all educators on REQV 10 - 12 who have been appointed permanently in line with ELRC Agreement 4 of 2001 shall be moved to REQV 13 for salary purposes.

4.5. Senior and Master Teachers

4.5.1. All educators who would have qualified for grade 
         progression to become Senior and Master Teacher    in line with ELRC Collective Agreement 5 of 2006
shall receive a once-off cash bonus of 3% of the annual salary notch.

4.5.2. The implementation date will be with effect from 1  July 2009.
 

5. DATE OF IMPLEMENTATION

The provisions of this Collective Agreement shall take effect on the date on which it is signed and shall be implemented in line with the process as outlined in the addendum.

6. INTERPRETATION AND APPLICATION

6.1 In the event of any conflict between the provisions of this Agreement and any other Collective Agreement of the ELRC, the provisions of this Collective Agreement shall take precedence.

6.2 No amendments to this Collective Agreement shall be of force or effect unless reduced in writing and agreed upon by the parties to the ELRC as a Collective Agreement of the ELRC.

7. DISPUTE RESOLUTION

Any dispute about the interpretation or application of this collective agreement shall be resolved in terms of the dispute resolution procedure of the ELRC.

ADDENDUM TO ELRC COLLECTIVE AGREEMENT NUMBER 4 OF 2009

THE PARTIES TO COUNCIL NOTE THAT:
1. The conclusion of the outstanding matters emanating from ELRC Collective Agreement No. 1 of 2008 (The Framework for OSD for Educators in Public Education) is critical;

2. The provisions of ELRC Collective Agreement No. 4 of 2009 are uncontested between the parties and have been agreed to; and

3. The task team comprising of the Departments of Basic Education, Finance and Public Service and Administration and the Provincial Departments of Education and Finance has been constituted to work on a process of sourcing the funds required to implement the matters contained in ELRC Collective Agreement No. 4 of 2009.

AND BELIEVING THAT:

4. The solution to the outstanding matters raised lies in the provisions contained in ELRC Collective Agreement No. 4 of 2009.

THEREFORE PARTIES RESOLVE THAT:

5. The processes of sourcing funding shall be concluded by 31 August 2009;

6. A special ELRC bargaining meeting shall be convened on 4 September 2009 to deal with all matters of implementation of ELRC Collective Agreement No. 4 of 2009;

7. All the clauses relating to the implementation of ELRC Collective Agreement No. 4 of 2009 are linked to the processes which shall be concluded by 31 August 2009; and

8. The implementation of ELRC Collective Agreement No. 4 of 2009 shall therefore be effected retrospectively in accordance with the dates contained in the collective agreement.

PUBLIC SERVICE CO-ORDINATING BARGAINING COUNCIL (PSCBC)

RESOLUTION 1 OF 2009 “The extension of Time-frames: OSD for negotiations at Sectoral level.”

The purpose of this Resolution was to give an extension to those Sectoral Bargaining Councils who had finalize their negotiations on OSD an opportunity to do so by the 1st March 2009.

RESOLUTION 2 OF 2009 “Adoption of Declaration on Occupation Specific Dispensation as agreed to at the Workshop held on 11 June 2009 at Birchwood.

The purpose to of the Resolution was to adopt the Declaration on occupation Specific Dispensation and other matters as agreed to at the workshop held at Birchwood as a resolution of Council.

RESOLUTION 3 OF 2009 “Agreement on a Revised Salary Structure for Employees on Salary Levels 1 – 12 not covered by an Occupation Specific Dispensation (OSD).”  

The purpose of the agreement was to effect to clause 5 of Resolution 1 of 2007 by introducing a revised salary structure for all occupational categories graded on salary levels 1 – 12 who were not covered by OSD; and introduce a career-pathing model and grade progression for identified salary levels as follows:

1.  Revised Salary Structure

The revised salary structure would entail the following provisions:

o Reduction in the number of notches per salary level to 12 notches for salary 2 – 12 and 5 notches for salary level 1; and
o Fixed percentage increment between the notches to be 1.5%.

2.  Grade Progression

Progression to a higher notch within a salary level will be based on performance in terms of existing departmental performance management and development systems. 

AN ANALYSIS OF THE IMPROVEMENT OF CONDITIONS FOR EDUCATORS SINCE 2007

The translation is based on minimum percentages on the C/A 4 of 2009 and a double digit salary demand for 2009:
 
Scenario 1:
 
Educator with 3 years of continuous service:
 
1st July 2009 : 3% pay progression( C/A no 4 of 2009)
1st July 2009 : 1 % recognition of experience( 1 notch for every 3 years of continuous service)(C/A no 4 of 2009)
1st July 2009: 10% minimum (Double digit demand for 2009)
This translate into 14% at minimum
  Scenrio 2:

Educator with six years of continuous service:

1st July 2009 : 3% Pay Progression(C/A no 4 of 2009)
1st July 2009 : 2% recognition of experience(ROE) (1 notch for every 3 years of continuous service) (C/A no 4 of 2009)
1st July 2009 : 10% minimum (Double digit demand for 2009)
This translates into 15%

SADTU track record on improving working conditions for educators from 1st July 2007 to 1st July 2009:
1st July 2007 : Educators received a 7.5% after one month strike
1st January 2008 OSD:  Educators received 4% to 9%
1st July 2008: Educators received 10,5%
1st July 2009 : To receive a 3% pay progression(C/A no 4 of 2009)
1st July 2009 : To receive a 1% recognition of experience( 1 notch for every 3 years of continuous service)(C/A no 4 of 2009)
1st July 2009: 10% minimum (Double digit demand for 2009)
 
In 24 months SADTU has negotiated a minimum of 36% salary improvement. This is indeed unprecedented in the history of public sector negotiations.
 

ISSUED BY: SADTU Secretariat