Organising and Administering:

CONTENTS INTRODUCTION --------------------------------------------------------- PAGE 2 PROVINCIAL PREPARATION - -------------------------------------- PAGE 4 RUNNING THE ELECTION ----------------------------------------- PAGE 12 ELECTION EDUCATION AND DISCUSSION ------------------ PAGE 17 ANNEXURES : VARIOUS “MODELS” AND COPIES OF FORMS --------------------------------------------------- PAGE 23

Please destroy all past copies of forms from the 2003 and 2005 elections new forms will be issued.

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INTRODUCTION This manual sets out steps and processes to guide the organisation and administration of SAMWU’s 2008 general election of shopstewards. Elections must take place in every workplace. The process must start no later than 1st July 2008 with the objective of completing all elections by no later than 30 September 2008. These elections are about renewing worker leadership from the workplace through to national level. Shop steward elections are the foundation from which further leadership elections at Branch and Provincial levels will follow in the later part of 2008 and early 2009. This in turn will lead on to the National Congress in August 2009.

NATIONAL OVERSIGHT Election by Ballot We are living in a period when at many levels leadership contests are highly competitive -often for the wrong reasons. We hope for a culture of democracy and tolerance in which the focus is on the qualities and skills needed for shopstewards, but we also need to take steps to prevent abuse and to minimise conflict. For this reason the CEC has ruled in terms of Clause 5.3.1 of the union’s constitution that all elections should be conducted by ballot. We want to have no doubt about the freedom and fairness of our shopsteward elections. The Electoral Commission has however been given limited powers to exempt workplaces from the ballot where a Province can show that it is asking for far too complicated a process for a small workforce. Electoral Commission (EC) The NEC on authority of the CEC has appointed an Electoral Commission (EC). It consists of 5 members chaired by an NOB and the 2 HODs in Head Office. Its role and responsibility is to oversee the organisation of the election. Its powers and functions are to: 1. Monitor provincial planning and enforce rules in such planning, including ensuring that the ORA ratios apply, but with limited discretion to vary these where exceptional circumstances prevail. 2. To confirm that all constituencies and shopsteward committees as may be agreed are in compliance with clause 5.1. and 5.2 of the constitution prior to elections taking place 3. Direct interventions by HO or any other person directly to require compliance with the constitution in the event of any failure of any SAMWU Province or a municipalities to comply properly in agreeing constituencies

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and making proper arrangement for elections, including the provision of electoral lists. 4. Deal with applications to exempt any particular workplace (or constituency) from the CEC requirement that all elections be conducted by ballot. 5. Members or union offcials may be deployed pre-emptively to manage and run the elections in areas with excessive problems; or to mediate conflicts inhibiting the planning process. 6. Powers to make any rules or ruling in respect of the free, fair and proper running of the election. 7. Powers to declare an election null and void if it is consider to be seriously flawed or otherwise to approve elections. 8. To postpone any election if problems arise in the run up. 9. To deploy persons , including HO Officers and or Provincial Electoral Officers (in respect of any other province) to deal with any contested election process to investigate and report to the Commission for its decision. 10. Should it arise that the committee reaches the conclusion that any member or official be suspended or disciplined for their conduct during the election they will refer such problem to the normal procedures provided. An Election Campaign This work must be approach as an organisational duty and campaign. It is about renewing leadership and mandates. It is about building the grass roots members understanding of the union. We want members who understand that they are part of a collective organisation. We want leaders who respect the members’ mandates and seek to develop and sustain participatory democracy. While you organise these elections you must also be educating. While you organise you must also be strict about recording all information. It is through strict administration of the process that the union will be better able to organise all of its activities over the next three-year term of office.

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PROVINCIAL PREPARATIONS The normal leadership structures of POBs and BOBs remain responsible for the affairs of the union in their area. There are two main issues that have to be deal with first: The PEC must appoint Electoral Officers (see below.) A basic programme of action for the provinces elections must be prepared that starts elections no later than 1st July 2008 and to be completed no later than 30th September 2008. The normal negotiating teams in LLFs and Divisions must negotiate issues of constituencies and arrangements. The Provincial Secretaries and officials must be active in this work. Once the PEC has established the election structures the POBs must monitor that the Provincial Election Officer and Election Teams are working properly. They must provide support and help with the planning. They must however refrain for interfering between the Election Officer and the teams he or she is required to manage and organise in the actual conduct of the election process. POB should report to the EC if they consider that problems exist that require intervention. A big part of the POB and BOB work is in the negotiation of election arrangements and facilities. The current core negotiating teams of the province, and LLFs, must be active in finalising constituencies and arranging adequate facilities and resources to run the election. Determining Constituencies The first issue is to re-demarcate constituencies in all municipalities. You cannot rely on what exists currently. Membership numbers may have changed. The boundaries of new municipalities changed in 2000 but not all structures have been revised in the last two shopsteward’s elections. The CEC has also ruled that we must respect what we have agreed in the ORA. Where we have lost membership we will have fewer shopstewards. We must not deny these problems by claiming more shopstewards than we are due. You then need to inform and consult members about the proposal. In metropolitan councils where our membership has been reduced we are going to have to work out how best to distribute shopstewards between services and across depots. You must also look at mechanisms to promote the election of women as shop stewards. This means educating members about gender issues and identifying where women members are located in the workforce. The objective is that overall at least a third of shop stewards should be women. In deciding on constituencies and their distribution you use the following guidelines from the constitution:

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5.1.2. The ratio of members to shop-stewards may vary taking into account the following factors: •

That constituencies of approximately equal numbers shall be entitled to a proportional number of shop stewards.

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That where there are larger concentrations of members with closer access to each other and to a shop steward the ratio of members to shop stewards shall be larger.

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The composition of the shop steward committee of which the shop steward shall be a member.

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The financial implications of overall numbers of shop stewards in a branch, province and nationally.

Together with the following ratios from the national Organisational Rights Agreement (ORA): Each trade union shall be entitled to a number of shop stewards based on its members employed by an employer: •

One shop steward for every 50 members or a part thereof up to 500 members;

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Thereafter one shops for every 60 members or part thereof up to 1000 members;

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Thereafter one shop steward for every 75 members or part thereof up to 5000 members;

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The Water Boards have a different formula allowing for a greater number of shopstewards. This is partially justified by their wide spread nature. The ORA (in 8.4.1.) also refers to evaluating: Geographic location Nature of work Line of authority Trade union constitution. The ratios are applied across the whole workforce. You must distribute the total to different sections. In large and diverse municipalities the ratio will tend towards 1 to 100 or more where there is a concentration of members so that smaller and more isolated groups of workers can also be represented. This is why we need membership and workforce figures. To distribute these numbers effectively requires detailed information on the breakdown of the workforce. The Council has an obligation to supply such information. If you find obstruction declare a dispute and publicise that councillors and municipal mangers are undermining union democracy.

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The General Secretary has written to all municipalities requesting information on workforces, membership and gender in order to kick start the process towards elections. (See copy of letter.) The letter notes that all further correspondence between the union and municipality must go through the Provincial Secretary. The Provincial Secretary must in turn copy to Head Office for the EC’s consideration all correspondence, proposals, meeting minutes to or from the municipality. Making Space for Gender Every effort is to be made to promote balance gender representivity. The union’s current rule is at least 30%, but nothing stops a structure from proposing a plan that produced 50%. Where it is possible to demarcate a work area that is overwhelming women you should try to do so. The constitution does not prohibit the demarcation of a constituency with 2 shopsteward and to ensure that one is reserved for a woman. In many smaller municipalities it has sometimes been the practise to demarcate the constituency as the municipality and allow all to elect all the shopstewards. This can also help promote gender representivity. Problems with Multi-Representative Constituencies The use of the multi-representative constituency has repeatedly caused problems. This is particulary so if applied to a whole workplace. It can mean that critical services with larger numbers of workers do not get a representative from their own ranks. It may mean clerical and more managerial levels dominating and being given too many representatives. It may mean that most shopstewards come out of the geographic area or town at the centre and leaves other areas or towns without representatives. As a guideline the Electoral Commission has limited single town constituencies to workplace in which we are only entitled to 3 or less shopstewards (150 members or less.) In a case of 4 shopstewards and 200 members this allow for two broad constituencies based either on services or geographic area each with one women and one man. You are particularly cautioned against just adopting the broad unbrella “departments” based on the needs of Section 57 management structures. With titles like “social development” or “infrastructure and delivery” and to focus on each particular service such as electricity or roads or water or civic administration etc. Approval of Constituencies and Shopsteward Committees The Province must write up its proposal on constituencies and communicate these to the Electoral Commission before, during and after negotiation. In major urban areas where there are more than one shopsteward committee you must also decide ehat committees will include which shopstewards. The constituencies and the shopsteward committee structure must be approval by the EC before any election meetings take place.

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Election Process Arrangements The organisational rights agreement provides for access to conduct elections. It reads that: 8.5.2. Such access shall allow the Trade union 3 hours during working time, per constituency, to explain the role and duties of shops stewards, to receive nominations and to conduct elections. The 3 (three) hours need not be continuous but shall be held prior to lunch breaks or knocking-off time.

This provides adequate time to conduct a proper process. The details of the first education and nomination meeting may vary depending on the size of the membership in the municipality or constituency. In smaller municipalities a general meeting of all members is possible. In larger municipalities constituency by constituency meetings will be needed. The key issue is that you can claim 3 hours per constituency to complete the whole process. The ballot must be conduct for every constituency separately. So if you decide on one big general meeting you will have to have enough time and space, scruitineers and ballot boxes, to conduct each separate vote. Alternatively you need to arrange separate meeting and voting processes for each constituency. The meeting to discuss and educate workers about leadership, which ends with the closing of nominations, should be allocated most time. It will surely be enough if you leave only 1 hour for the actual voting in most constituencies. The educational part should not be less than 1 ½ hours. Even with a 200 member constituency it should not take more than an hour for voting, the counting and announcement of the outcome. You should plan to run the first and second meetings separated by between 7 and 10 days. Members must be given time to think about their choices. Structures in major urban areas must plan this way. The EC recognises on the other hand that in some provinces with municipalities at great distance it may be wasteful to have to go back twice. Electoral Roll In the process of agreeing constituencies and dates with management you must also obtain list of members per each constituency. It is easiest if this is obtained from the employer. In the event of a failure to achieve this then at minimum a register of attendance of those who did vote must be taken.

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Shopsteward Committee Office Bearers A shopsteward committee has a Chairperson, Vice Chairperson and Secretary who must be elected by ballot. (Clause 5.6.1.) Where a once off process is being used you need to fit in meeting of the newly elected shopstewards to conduct this ballot. In metropolitan councils and major urban area and some wide spread rural areas the constituency elections may be spread out. It is not possible to hold a committee meeting in the same process. It is then essential that a shopsteward meeting or meetings be included in the plan to take place within 7days of the end of the election process. You should use the 2 hours provided by clause 8.7.3 of the ORA. After the Election Once new shop stewards are elected the process of education and training must continue. Provinces should schedule shopsteward committees for the year ahead. It is essential that organisers attend the first shopstewards committee meetings to give basic orientation training. The Province must also schedule Foundation Training from the earliest date. Negotiate with the Employer Both parties are free to make proposals on constituencies. Once you have your proposal set up a meeting. The meeting is meant to take place within 15 days of the letter the General Secretary has sent, and after 30 days if nothing is settled you can declare a dispute (See ORA 8.4). In some cases there may be no changes and a quick agreement on most matters may be settled by telephone. If your do it by phone record any agreement in an exchange of letters. Copy these to theEC. You need agreement on: The constituencies. The provision of alphabetic membership (voters) electoral rolls for each of the constituencies that are agreed. The time off and meeting arrangements dates and times to conduct the constituency election. Those facilities you require including a venue, ballot boxes, voting kiosks, typing and photocopying facilities etc. The time-off arrangements to conduct a first shopsteward committee meeting to elect office bearers and launch the committee.

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Where a constituency is distributed across a number of sites you should also seek to negotiate facilities to ensure that a shop steward will be able to gain access to members. In a metropolitan area it is not possible to have a shop steward in each branch office of a library system. In a rural area it may prove difficult to give every isolated site a shopsteward. The wide boundaries of most municipalities may mean that a constituency has to include more than one site with 10 to 30 kilometres in between. This needs arrangements about transport and/or time off to attend to isolated members. Election Officers The PEC must appoint electoral officers. The constitution reads: 5.1.2.

Elections shall be conducted by shop stewards or officials of the union appointed by the PEC as election officers. In making such appointments the PEC may take into account nominations by branches but shall be guided by the principle that election officers be persons who are neutral in respect to the outcome of such election.

The key principle is to achieve a degree of neutrality. You should not allocate a worker leader or union official to oversee elections in a municipality where they have previously been in conflict. On the other hand we should not take the principle to extremes. If the organiser of a municipality or section is seen by workers to be impartial then there is advantage in leaving it to the person who knows the municipality and its members well. The EC has ruled that no shopsteward, or full-time shopsteward, should be allowed to be an election officer in his or her own branch. The EC has determined the following points about the Provincial Electoral machinery: One of your officials should be appointed as Provincial Electoral Officer. This person will then be responsible for the overall co-ordination, monitoring of, and reporting on the election. Election Teams of 3 persons should conduct each set of election. It does however depend on the number of constituencies and their size. Whether one or more team is needed to tackle a particular municipality will depend on its size and spread. A Province can establish up to 5 such Teams though smaller Provinces may get by with 2 or 3. Role of Election Officer and an Administrator The EC ruled that the Provincial Electoral Officer must be an official. The EC believed you should be able to identify an impartial person in your ranks of officials. You should involve this person in planning from as early as possible. In effect they should take over responsibility for drafting and updating the main provincial 10

programme of action on elections. It is not a matter of the Provincial Electoral Officer doing all the work. Elections arrangements are part of all officials’ and worker leaders’ work, but the responsibility for ensuring a plan that works, and a election process in each constituency that is free and fair lies with this Provincial Election Officer and the teams. When teams and their individual members are acting in their electoral role they are accountable to that person for the process. Responsibility is delegated to the Provincial Electoral Officer but such person must also be supported and assisted organisationally. Each Province must also formally appoint one of their administrators to provide administrative support to the Provincial Election Officer and to take responsibility for receiving the report forms and information forms. Such Administrator is responsible for “auditing” the information forms and obtaining any missing information before sending them on to Head Office. This central administration is also responsibility for ensuring that: The union’s national campaign pamphlets and posters are dispatched to workplaces. There is general communication of the Provinces election plan as a circular to all shop stewards in the Province. The specific election notices to every municipality setting out their dates and times of election are sent out. That the necessary forms, pens, printing paper, flip chart paper, sticky tap to close box type ballots boxes, or any other stationery that might be needed is on hand and supplied to teams. Ballot boxes are available-preferably arranged through the municipality. If not then any box or tin that can be properly sealed can be used. Voters roll of members by constituency are available and up to date. The venue(s) are adequate and that a private space or kiosk exists in which to mark the ballot paper. Nomination forms are available. Ballot Papers are provided. The Constituency Election Report Forms, Shopsteward Information Forms and Shopsteward Committee Report Form are made available. Every election team should also be supplied with membership joining forms. Election Kits should be made up in Box Files containing all of the necessary forms and stationery to support the efficient work of the election teams.

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Reporting Forms There are 3 forms that are central to reporting the election outcome. These are: THE CONSTITUENCY ELECTION REPORT FORM (see Annexure “D”) This is a report on each individual constituency election. It records the vote, allows for calculation of membership participation in the vote. It is to be signed off by the scruitineers. SHOPSTEWARDS INFORMATION FORM ( see Annexure “E”) This requires basic information on each shopsteward. This information is for the union’s Data Bank of shopstewards. It is vital for a variety of educational and communication purposes. It must be filled in by every person elected whether or not they previously filled such a form. SHOPSTEWARD COMMITTEE REPORT FORM ( see Annexure “D”) This is a summary sheet that records the full outcome of the election. Where an election team takes responsibility for an entire town or department covered by a shopsteward committee they can fill it in together with both the above forms and other records of the election. Election Documents The following must also be returned and stored in the Provincial Office: Notices of the Election Nomination Forms Voters rolls used in the election Ballot papers. These must be retained in the Provincial Office for the three- year term of office. This is the formal record of the election. If there are any complaints of irregularities there must be evidence to examine. Returns to Head Office A Provincial Administrator must be responsibility for making copies and returning to Head Office by secure mail or courier the: Constituency Election Report Form Shopsteward Information Form Shopsteward Committee Report Form

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This should be done promptly so that work to capture the Data can start. You must not wait till elections at all municipalities are completed. You must keep a copy of what you send. You should store the originals, and should also create your own computerised list of shopstewards by workplace and constituency. The HO will only require you to produce the nomination forms, ballot papers and notices and voters rolls in the event of any dispute.

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RUNNING THE ELECTIONS (Notes for Election Officers) Introduction You must read the above section first. It sets out the arrangements that should have been made to arrive at the election meeting and ballot process. It sets out the powers of the Provincial Election Officer, and teams, and the administrative process from start to finish. Voters Rolls and Eligibility to Vote The election is amongst union members only. You must therefore ensure the municipality provides you with membership lists by constituency in alphabetic order or workplace number order. It must be an order members can follow when you want them to line up to vote. Stop-order schedules are not broken down by constituency. So as soon as the constituencies are agreed you need to start following up to get these lists. You should get copies back to the constituency so that any “members” who are not listed can sign up. It provides a recruitment opportunity. A worker becomes a member as soon as the shopstewards committee in their area receives the form. Therefore right up to the last moment new members should be added to the end of the constituency voters roll and allowed to vote. Names should be ruled off on the list as they vote. There should be only one access point to the space in which the ballot boxes are placed. Notice of Elections Once you have made the arrangements the next step is to give written notice of the election to members. The constitution requires at least 1 week notice of a first meeting. With a ballot there is no strict time between this meeting and a voting process. The constitution does say it must be within 14 days of the first meeting. One notice can be given setting out the date of the meeting and the date of the ballot. Nomination forms must also be made available with the notice. These can however be made available at any time before the election. The notice must state that the cut of for nominations will be towards the end of the first meeting. (See Annexure A – Model Notice.) Nomination Forms and Process The EC has ruled that the standard cut-off point for the submission of nominations is at the end of the first meeting. The electoral officer must give notice that nominations will close at a specific time and allow workers 10 to 15 minutes to go and finalise nominations and submit them. (Annexure B is the formal copy of the nomination form.)

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Publicising Nominees Once the names are in they must be published. There should be a notice placed on all notice boards in all constituencies. The Ballot Papers allow for a number for each nominee. If you can list nominees with their ballot number this is best. Names should be placed in alphabetic order. If you are running a continuous process from meeting to ballot then this can be done on a flipchart or newsprint. It is however essential that nominees are presented in person by names and number to a meeting of voters before the voting starts. Explain the numbers are just symbols not a list from best to worst. Members who are not literate must not be left to rely only on word of mouth, but their own eyes. The Ballot & Scruitineers Annexure C provides examples of Ballot Papers. The EC has approved that where we have a lack of co-operation from employers the blank form may be used to fill in the nominees names by hand. You will need to take enough copies with you. The EC has agreed that a number must be allocated to each nominee. The easiest way is to do it by alphabetical order. We should try and get formal ballot boxes and kiosks or materials from the municipalities. If not we have to make do ourselves. When using a card board box or other container the key rule is transparency. The inside of boxes must be examined and shown to be empty before you start. It should be taped closed during the vote so no one can fiddle. The area or kiosk where the ballot paper is marked by the voter must be private. Boxes should be opened and the votes should be counted with the voters looking on but not interfering. For every ballot box you are using you should formally elect at least 2 scruitineers to assist with the above tasks and to monitor the process. Scruitineers are there to both help the election officers and to act as election monitors. Other Voting Rules The voter can mark the ballot paper in any way they like – it does not have to be a cross. A spoiled paper can only be declared where it is impossible to determine what choice was marked. Like where there are 2 crosses in different boxes, but only one can be elected, or the mark is mid way between both boxes and touches neither. If on the other hand it just touches a box that must be take as a vote for that candidate. One vote only in a two person constituency is valid. Where people have to be assisted to vote, because of disability or because they are just too nervous to use a pen they can be “coached” to use the pen, or assisted by the election officer with a scruitineers observing. 15

The Election Process There are 4 golden rules: Be punctual – there is no greater weakness in the union than bad time keeping. Be prepared – do you have all of the necessary equipment, pens and paper, educational posters and ballot boxes? Ensure open but orderly debate – you are responsible for a free and fair election and must ensure that the process is not prejudiced. You must to be firm with members. All have a right to be heard and to think about their own choices. There is more than enough work if you are approaching these elections as a process of organising and educating members. A broad outline of the minimum that the process must cover is set out below. The FIRST MEETING is for the purpose of: Educating workers about issues of leadership, shopsteward duties and issues of gender equity and balance in representation. Get members to elect 2 or more members (who are not nominees) to be scrutineers to oversee the process and count the vote. The number depends on the size of the task. Allowing for discussion and questions – including motivations for nominations. Getting nominations for shop stewards from members of their constituency on the required form (Annexure B) You may also want to get the scrutineers, or one or two other members with clerical skills, to assist with other administrative work. There is a lot of administrative work. Finally close nominations and present the nominees to the members. In the event that in any constituency there is only one nominee for the post (or only 2 where it is a 2 person constituency) then you may declare such person(s) duly elected. You should not be rushing issues of education and discussion just to get it done in one “quick fix”. If there is space for other general discussion on the union, its policies and campaigns you must use the opportunity. Don’t waste the right we have for time off. The SECOND MEETING is not a meeting as such, but a ballot box vote. It must start with a short meeting. Its purpose is to: Present the nominees to the voters by name, number and face. Ensure the appointed scruitineers are present or elect fresh ones. 16

Display the empty ballot boxes and then seal them. Explaining any other issues. Then the actual voting takes place which involves: The voters must start to move past the voters rolls and be marked off. (It help if lists are organised alphabetically and they queue in that order.) They then go to the kiosk, table where they can mark their ballot in private before placing the ballot in the box. When the voting is over: Count the vote with scruitineers and sign it off on the form. Announce the results of the election to the members. Electing Committee Office Bearers The constitution provides that: 5.1.2.

Shop stewards committees shall elect from amongst their number a Chairperson, Vice Chairperson and Secretary. Such election shall be conducted by ballot.

The requirement for a ballot is there for good reason. It is now that leadership rivalries can come to the fore. Make sure there is a secret voting process. You can call for nominations and if these are unopposed they can be declared duly elected. If there appears to be indecision or conflict you can take the nominations and make a ballot paper. An option they can agree is simply to list all their names as if they were all nominees and then vote. So one voters slip might end up like this: NAME -ALL

CHAIRPERSON

VICE- CHAIR

SECRETARY

X

Name 1 Name 2 Name 3

X

Name 4 Name 5

X

Inform the Employer Once the results are in it is an urgent duty of the union to inform the municipality in writing of the names and constituencies of the shop stewards and of the office bearers of the committee. The organisational rights agreement requires that this is done within 7 days of the elections. Until such notification is with management they have no obligation to recognise the shop stewards. It is for the shop stewards protection that management is notified as soon as possible.

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ELECTION EDUCATION AND DISCUSSION To stimulate debate about the elections there are posters and pamphlets for distribution to all workplaces and union offices. These also provide more general education about the union. The following are key issues that should be discussed in the preparatory meeting. Rules Concerning the Election The key rules that must be highlighted are: It is an election by union members and not by the workforce. The first question is: are any none union employees in the gathering? If there are you can give them the option of joining or they must leave. The election is conducted in constituencies- members must be informed of the details. Any member may stand as a shop steward including those who have previously been shop stewards subject to the managerial exclusions contained in the ORA at Clause 8.2. The union has agreed to these exclusions because there are conflicts of interest. You cannot both be responsible for discipline and defend workers. You cannot one minute taking management’s line then going to the general meeting accept an opposite mandate. Our managerial members can be far more influential in advising for improvements in the quality of workers treatment if they are not seen to be representing the union when ever they express their views. Also excluded is any employee who is still in a probation period. Full-time Shopstewards must contest their constituency of origin election. Only persons elected at constituency level can be elected by a branch shopsteward council as a full-time shopsteward. The FTSS remains responsible for this grass root constituency even though they will also have a wider constituency to organise. When a shopsteward is elected to be a BOB, POB or NOB they also remain responsible for their constituency. The CEC ruled that these elections must be run by secret ballot. This was motivated by concerns that to vote by hand in current circumstances may not be free and fair. When managers stand as shopstewards workers may be scared to vote for anyone else. In some workplaces we have leaders who are known to be dictatorial and intimidatory. Where there is more than one nomination a vote must be taken. Where only one nomination is made the person is returned unopposed. The votes must be counted and recorded. Scruitineers must be appointed. The Constituency Election Report Form is to record the count. This is the duty and responsibility of the scrutineers and election officers. The counting

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of a ballot must be done immediately after the voting is completed. It can be done in front of workers and nominees; but there must not be interference. Rules About the Shopstewards Term of Office The key issues to explain are that: The shop stewards are elected for a three (3) year term of office. Workers have a right to remove a shop steward with whom they are no longer happy. They can do so in terms of the following provision in the constitution: 5.1.2. A shop steward may be removed from office through a recall ballot. To affect such ballot members in a constituency must lodge a petition signed by no less than 20% of the members in the constituency with the Branch Secretary who shall forward a copy to the Provincial Secretary. 5.1.2. The Provincial Secretary shall ensure that within no more than 14 days of receipt an election by ballot is held. The incumbent shop steward shall be entitled to contest such election if nominated.

Why not just removal with a 50% petition? Because relying only on a petition would encourage secret faction building. The shop steward has no opportunity to defend his or her self. The secrecy of faction building is replaced with the secrecy of the ballot. The shop steward also ceases to be a shop steward in any of the following circumstances: Resignation as a shop steward – which requires one months notice. Resignation as a union member. If they voluntarily move to a different constituency or are promoted out of the constituency. However where such a transfer or promotion is not voluntary or done intentionally by management this should be contested. Where he or she is appointed to a level of management which is excluded from being a shopsteward in terms of the ORA. For any union disciplinary reasons decided by a higher structure in terms of the union Disciplinary Procedure. For failing to attend three consecutive meetings of the shop stewards committee if the committee makes such a decision and reports to the BEC. Where a vacancy arises it is filled through a by-election. The shop stewards committee must inform the union so this can be arranged. They must not just fill the vacancy without the union knowing. The shop steward elected in a by-election stays in office for the remainder of the previous shop stewards three-year cycle.

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Qualities of leadership The following is a short list of some of the qualities which workers should be looking for in their leaders. We also look at some of the points which workers should guard against. The lists of shop steward duties also reflect some of the policy orientations needed in our leadership. You should encourage workers to make their contribution in debating these issues. But we must not avoid confronting issues that are central to developing a healthy union. Many of these points reflect current problems which are undermining the union. Getting workers to think on these issues is about building the union. A Commitment to build democracy and unity. Unity is not dictated. It must be build through collective debate and discussion. Leaders must be people who listen to others and encourage open debate to build consensus. Mandate and accountability. A leader must work within the mandate given by workers. He or she must return to the workers to account when they have taken up an issue. They must not just follow their own views. Honesty. We should be looking for leaders who are honest. We do not need people who are not willing to admit when they have failed or made a mistake. We need leaders who tell workers the truth of whether their demand or claim can be defended or argued rather than misleading workers. Courageous but not foolish. He or she must have the courage to stand up to management or councillors or angry crowds. But they must also be able to judge when to retreat. People who want to be seen as heroes and warriors often make the worst leaders. Gives direction. A leader must seek to give direction. A leader must have views and express those views. He or she must think about problems and provide advice. Workers mandates must be developed through debate not by a leader simply asking workers to decide. No to corruption. We do not want leaders who are corrupt with money whether of the union or municipality. People who involve themselves in corruption do so because of self interest. We do not need leaders who are more concerned with their own needs than those of workers. A hunger to learn and to teach. She or he must seek to be well informed on issues and encourage workers to educate themselves. There is no democracy without information. Flexibility and Firmness. He or she should be a person who is able to be flexible in dealing with workers and negotiations but at the same time defends basis principles. Works Collectively. He or she should be able to work collectively with other shop stewards and avoid personal conflicts. Often it is the “small” things like being punctual which show this capacity.

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Commitment to social and economic justice for all. The union is not just a service organisation. It is not just about solving workers problems. These problems of workers are a reflection of continuing inequality and injustice in our society. There are also fundamental policy principles of our union to which leaders should show commitment such as non-racialism, non-sexism and a belief in economic equality for all. Duties of Shopstewards The two lists one the next pages are provided as a basis for educating members on what is expected of shop stewards. It is important that members, and those who may stand for election know what will be expected from them. You should be emphasising that it is the shop stewards duty to take statements for cases and grievances and to take up and fight such cases. It is not the duty of union officials or FTSS to represent members in primary disciplinary inquiries. Organisers and FTSS are there to provide back up, education and expert advice not to do the shop floor work of shopstewards. It is the duty of shop stewards to be the eyes and ears of the union in their municipality. They must know all there is to know about their municipality. What are all the wage rates? What services is it providing? What are council plans for service delivery? Are there threats to outsource functions or to privatise? Shop stewards must take seriously their role in implementing and fighting for union policy and principles. They are the local voice of the union. When they represent the union they must be seen to be non-sexist and non-racial in approach. Be seen to be concerned about service delivery to the poor but opposed to privatisation. Be seen to oppose corrupt practises. Promoting Balances Representation There are many divisions and inequalities in our society, and the workforce, that we should be trying to overcome through the elections. Members should be encouraged to think about how they may be able to promote greater unity by ensuring balanced representation of the workforce. Are there many young workers in the workforce but no youth as shop stewards? Are women being fairly represented? Are we promoting or overcoming racial divisions? We also need to get workers not to undermine themselves by only looking to the “educated” or to members in management positions to provide them with leadership.

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THE DUTIES OF SHOPSTEWARDS IN THE SAMWU CONSTITUTION (Section 5.8) 5.8.

DUTIES OF SHOP STEWARDS AND THE COMMITTEE

5.8.1.

A shop steward committee is responsible for running the affairs of the union in its area of jurisdiction.

5.8.2.

Shop stewards are responsible for representing members generally in negotiation with management provided that they may not enter into any agreement with management unless delegated such power by the CEC.

5.8.3.

To organise worker unity through recruitment and the promotion of disciplined and democratic practises in the union.

5.8.4.

To investigate and take up members grievances and to defend members against disciplinary actions.

5.8.5.

To settle disputes by conciliatory methods where management makes this possible.

5.8.6.

To attend all shop steward committee meetings and shop stewards councils of which they are part.

5.8.7.

To attend such other union meetings as they are elected to attend in terms of this constitution or as may be decided by the union.

5.8.8.

To educate themselves and members about the union and the particular skills needed to advance members interests.

5.8.9.

To obtain mandates from members on any issues or matters of policy that members wish to be dealt with by the union. To report back to and obtain mandates from members on any issue or policy which higher structures may require to be addressed.

5.8.10. To implement duly agreed policies and campaigns of the union. 5.8.11. To encourage members to abide by the unions constitution and policies and to use democratic means and procedures to obtain such amendment to either as they may consider necessary. 22

A CHECKLIST OF SHOPSTEWARD DUTIES TO MEMBERS Represent members Arrange general meetings regularly Be accountable and get mandates Report back on meetings Educate members Take up grievances Defend against unfair discipline

TO UNION Build strong shop stewards Committees and Councils Attend all meetings to which you are elected Attend seminars Take up members mandate Carry out democratically decided union policy Mobilise around all campaigns Be punctual for meetings

TO COSATU Attend and build COSATU Local Shop stewards Councils Encourage members to attend Rallies and Marches Attend COSATU meetings when elected to represent the union Build working class unity

TO THE COMMUNITY Know your municipality and its service responsibilities. Encourage participation in Democratic Community Organisations Fight for democracy and social justice Support Environmental Protection

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ANNEXURES: MODEL ELECTION DOCUMENTS & COPIES OF STANDARD REPORT FORMS

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Annexure “A”:

MODEL NOTICE NOTICE OF SHOPSTEWARD ELECTIONS

NAME OF CONSTITUENCY 1ST ELECTION MEETING

DATE

TIME

PLACE

DATE TIME PLACE VOTING BY BALLOT NOMINATIONS Any two members are entitled to nominate another member as a candidate. They must get the candidate to sign that she or he accepts nomination and then sign as proposer or seconder. Only members in a constituency may nominate for that constituency. The closing time for nominations is at the end first meeting. ELECTION BY BALLOT In terms of Section 5.3.1. the Central Executive Committee of the union has ruled that elections are to be held by ballot. The CEC is concerned that the elections must be seen to be free and fair. APPOINTMENT OF SCRUITINEERS In the first meeting you must appoint a number of members as scrutineers. These are persons who must observe the work of the election officers and help with vote counting. Such persons may not be election candidates. ELECTION OFFICER If you have any questions about this election you can contact : Name of Provincial Election Officer:________________________________________ Phone number:_______________________________________

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Annexure “B”: STANDARD NOMINATION FORM

SAMWU SHOPSTEWARD ELECTION

NOMINATION FORM NAME OF WORKPLACE: NAME OF CONSTITUENCY: NAME OF NOMINEE ID NUMBER : * ACCEPTANCE SIGNATURE OF NOMINEE: PROPOSERS NAME : PROPOSERS SIGNATURE: SECONDERS NAME: SECONDERS SIGNATURE * This is not required to make the nomination valid. The union needs it for record purposes if the person is elected. It is included here as a reminder. All nominees must try to remember to submit their ID number by no later than Election Day.

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Annexure “C”: MODEL

BALLOT PAPERS

Ballot papers are made up by constituency. In most cases a constituency has one shop steward. So all you do is list the names of each nominee with a box for the member to put a cross. Name of constituency :

WATER SERVICES

N0.

There is 1 shopstewards. Put a cross (X) next to the name you want.

NAME

1

James Joseph

2

Phillip Ndlovu

3

Grace Nhlapo

A small municipality with 1 to 3 shop stewards may be taken as the constituency. In a large city department or section there may be more than one shop steward for a large constituency. The process is the same except that the member must then put an X next to 2 or 3 names as the case may be. On the next page is a blank version.

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Name of constituency :

N0.

There is 1 shopstewards. Put a cross (X) next to the name you want.

NAME

1

2

3

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ANNEXURE D:

INDIVIDUAL CONSTITUENCY - ELECTION REPORT FORM NAME OF MUNICIPALITY OR WORKPLACE: NAME OF CONSTITUENCY NAMES OF ELECTORAL TEAM:

ELECTION BY(tick box)

SHOW OF HANDS

NAME OF NOMINEES

MALE

BALLOT

FEMALE

VOTES RECEIVED

TOTAL NUMBER OF VOTES CAST: SPOILED PAPERS: TOTAL VOTING: NUMBER OF ELIGIBLE VOTERS: NUMBER NOT VOTING: PERCENTAGE VOTE: We the undersigned are happy that the election was fairly conducted. NAMES OF SCRUITINEERS

SIGNATURE

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ANNEXURE E:

SAMWU SHOPSTEWARD - INFORMATION FORMFAMILY NAME:

FIRST NAMES:

SAMWU PROVINCE:

SAMWU BRANCH:

MUNICIPALITY /WORKPLACE:

DEPARTMENT / SERVICE UNIT:

NAME OF CONSTITUENCY:

CURRENT OCCUPATION :

WERE YOU A SHOPSTEWARD BEFORE? (Tick the boxes for previous terms.)

2003 - 2005

2000 -2003

ARE YOU AN OFFICE BEARER OF YOUR SHOPSTEWARDS COMMITTEE? (If yes - tick the box) GENDER: (Tick the block) MALE FEMALE

CHAIR PERSON

VICE CHAIR

DATE OF BIRTH:

AGE:

YEAR

MONTH

(HOME)

DAY

1997 -2000 SECRETARY

I.D NUMBER:

(CELL)

(WORK)

TELEPHONE: FAX OR E-MAIL HOME ADDRESS:

CODE:

FAX NUMBER:

E-MAIL POSTAL ADDRESS:

CODE:

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ANNEXURE F:

REPORT FORM ON SHOPSTEWARDS COMMITTEE & ITS OFFICE BEARERS NAME OF WORKPLACE NAME OF SECTION (if more than one shop stewards committee in a big municipality ) ELECTION BY(tick box) CONSTITUENCY

TITLE CHAIRPERSON

SHOW OF HANDS SHOPSTEWARD NAME

OFFICE BEARERS OF COMMITTEE NAME OF OFFICE BEARER

BALLOT Male

Male

Female

Female

DEPUTY CHAIR SECRETARY

1. This form is to list the full shopsteward committee once all have been elected, and you have held the ballot for the office bearers. 2. You should attach the Individual Constituency Election Reports. 3. You must also attach the individual SHOPSTEWARD INFORMATION FORMS. 4. Then return to HO as soon as possible.

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