COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION ESSENTIAL SERVICES COMMITTEE (ESC) OVERALL PERFORMANCE AND PLANS OF THE ESSENTIAL SERVICES COMMITTEE OF THE CCMA 8 NOVEMBER 2017

OVERVIEW OF THE PRESENTATION The ESC legislative Mandate ESC’s strategic plan 2017/8 ESC Operations Quarter 1 and 2 Reports Challenges 13/05/2015 © Commission for Conciliation, Mediation & Arbitration 2015

ESC LEGISLATIVE MANDATE 2019/04/29 ESC LEGISLATIVE MANDATE The ESC Mandate is to: conduct investigations as to whether a service is essential (S71) Designate services as essential Review past determinations Determine the minimum services to be maintained in essential services Determine disputes on whether services are essential (S73) Determine whether a service is a maintenance service (S75) 13/05/2015 © Commission for Conciliation, Mediation & Arbitration 2015 © Commission for Conciliation, Mediation & Arbitration 2015

ESC LEGISLATIVE MANDATE 2019/04/29 ESC LEGISLATIVE MANDATE The ESC Mandate is to: Monitor the implementation and observance of ESC determinations; Minimum Service Agreements (MSA’s); Minimum Service Determinations (MSD’s) (including maintenance services) Promote effective dispute resolution in essential services; and Appoint the panels contemplated in section 70C to perform one or more of our functions 13/05/2015 © Commission for Conciliation, Mediation & Arbitration 2015 © Commission for Conciliation, Mediation & Arbitration 2015

ESC STRATEGIC OBJECTIVES 2017/8 2019/04/29 ESC STRATEGIC OBJECTIVES 2017/8 To adopt proactive approach to deliver the mandate To consider public interest in the execution of ESC mandate To forge a relationship between CCMA regional offices and ESC To foster a relationship between ESC and its stakeholders To adequately budget for the ESC to meet the statutory mandate To meet compliance obligation as set out through CCMA operations To maintain a research capability To enhance the case management system of the ESC To manage the case load 13/05/2015 © Commission for Conciliation, Mediation & Arbitration 2015 © Commission for Conciliation, Mediation & Arbitration 2015

© Commission for Conciliation, Mediation & Arbitration 2015 2019/04/29 ESC OPERATIONS In 2016 the ESC signed a Memorandum of Understanding with the CCMA. The memo provides for a structured relationship between the two institutions and how the CCMA is to deliver its legislated responsibilities on the ESC, which include: Providing adequate resources to the Essential Services Committee (ESC) in order for the committee to perform its functions. Housing the Committee’s main operations within the CCMA National Office. Overseeing the Essential Services Committee compliance with the Public Management Finance Act (PMFA) regulations. Providing administrative and professional support to the committee, as more specifically set out herein below. 13/05/2015 © Commission for Conciliation, Mediation & Arbitration 2015 © Commission for Conciliation, Mediation & Arbitration 2015

© Commission for Conciliation, Mediation & Arbitration 2015 2019/04/29 ESC OPERATIONS…cont The main departments that the ESC works closely with are: Legal Services. Finance. Supply Chain. Strategy Human Resources Information management 13/05/2015 © Commission for Conciliation, Mediation & Arbitration 2015 © Commission for Conciliation, Mediation & Arbitration 2015

Commission for Conciliation, Mediation & Arbitration 2017 2019/04/29 2017 PROJECTS Monitoring and Evaluation Function (Monitor the observance of MSA’s / MSD’s and ESC designations) Communication Plan (Stakeholder engagements; ESC conference and awareness campaigns) Public Service Intervention (MSA’s / MSD’s for hospitals, social centers, etc) Municipalities Intervention (MSA’s / MSD’s for Municipalities) Review of current determinations Research Programme Old Aged Homes 2019/04/29 Commission for Conciliation, Mediation & Arbitration 2017 © Commission for Conciliation, Mediation & Arbitration 2015

© Commission for Conciliation, Mediation & Arbitration 2017 2017 ANNUAL TARGETS 2 Self initiated investigations 100% of section 71 cases investigated as and when referred 100% of section 73 cases investigated as and when referred 3 section 75 disputes 60 MSA’s for Municipalities 60 MSA’s for the Public Service 20 MSA’s for Old Age Homes 5 MSA’s for Other e.g. Blood Transfusion, Air Traffic Control Weather Bureau, etc 2019/04/29 © Commission for Conciliation, Mediation & Arbitration 2017

SECTION 71 CASES DATE SELF- INITIATED REFERRED INVESTIGATED FINALIZED PENDING 2016/17 4 3 1 2017/18 6 2 5 TOTAL 8 12 13 14 NB: ESC self- initiated cases investigated during 2016/17-2017/18 period as well as cases referred.

MONITORING & EVALUATION APP Target: Monitor & Evaluate 2 designations / MSA’s / MSD’s The ESC undertook a monitoring and evaluation exercise in the quarter under review. The CCMA Research Unit assisted with the development of a questionnaire in this regard. In cases of industrial action, the ESC conducted a monitoring exercise following industrial action at the social centers and during the national strike called by COSATU. TARGET QUARTER 1 QUARTER 2 Monitoring & Evaluation x 2 institutions Belvidere Park Home Association Department of Social Development Overstrand Municipality Buffalo City Municipality Nelson Mandela Bay Municipality Johannesburg Water 2019/04/29 © Commission for Conciliation, Mediation & Arbitration 2017

Minimum Service Agreements (MSA’s) In order to give effect to the amendments to the Labour Relations Act and to foster compliance with Essential Services Designations, the ESC has set itself a target to ensure that parties conclude MSA’s.

Minimum Service Agreements (MSA’s)

© Commission for Conciliation, Mediation & Arbitration 2017 COMMUNICATION PLAN Stakeholder engagements In line with its strategic targets and in a bid to enhance stakeholder relations, the Committee engaged the following stakeholders during the quarter under review: …the committee made awareness presentations TARGET QUARTER 1 QUARTER 2 STAKEHOLDER ENGAGEMENTS NACTU; Department of Social Development; South African Local Government Association (SALGA); South African Municipal Workers Union (SAMWU) ; and National Transport Movement (NTM) Department of Health Independent Municipal and Allied Trade Union (IMATU) South African Medical Association (SAMA) Health & Other Services Personel Trade Union of South African (HOSPERSA) 2019/04/29 © Commission for Conciliation, Mediation & Arbitration 2017

COMMUNICATION PLAN Awareness engagements The ESC in its endeavour to create awareness of the essential services regime has delivered five presentations in the following regions. Johannesburg Port Elizabeth Head Office Witbank

© Commission for Conciliation, Mediation & Arbitration 2017 COMMUNICATION PLAN Partnerships In its strategic plan for 2017/18 the ESC took a decision to establish relations with the regional offices of the CCMA. This vision is also in line with that of the CCMA Director of ensuring effeciency in the work of the ESC. TARGET QUARTER 1 QUARTER 2 Partnerships with CCMA regional offices Cape Town East London Johannesburg Durban • Port Elizabeth • Kimberley • Tshwane • George 2019/04/29 © Commission for Conciliation, Mediation & Arbitration 2017

COMMUNICATION PLAN Case Law Monitor (CLM) The ESC decided that as part of its strategic planning they present one case dealing with essential services at CCMA CLM. - SAMWU vs City of Tshwane and Others case no: J877/13 - The City of Johannesburg Metropolitan Municipality v SAMWU & Others (2582/15)

© Commission for Conciliation, Mediation & Arbitration 2017 COMMUNICATION PLAN Engagement with institutions rendering essential services not designated in terms of the LRA The ESC obtained a legal opinion on the status of institutions rendering essential services but which are not declared in terms of the LRA. The opinion provided that although the services rendered by these institutions are not designated as essential by the ESC, but that the ESC has an obligation to perform its duties on them, including ensuring that they have MSA’s. In quarter 2 the ESC had a stakeholder engagement with the Independent Electoral Commission (IEC). The ESC facilitated the negotiation of the MSA within the IEC and the parties have now produced a Framework Agreement and are busy negotiating the numbers. 2019/04/29 © Commission for Conciliation, Mediation & Arbitration 2017

© Commission for Conciliation, Mediation & Arbitration 2017 ESC OPERATIONAL PLAN  Operational Plan Quarter 1 NB. The above indicates 100 %achievement for deliverables due in the current reporting quarter. 2019/04/29 © Commission for Conciliation, Mediation & Arbitration 2017

ESC OPERATIONAL PLAN…cont  Operational Plan Quarter 2 NB. The above indicates 98% achievement for deliverables due in the current reporting quarter, with only one (1) target having not been achieved due to external factors 2019/04/29 © Commission for Conciliation, Mediation & Arbitration 2017

© Commission for Conciliation, Mediation & Arbitration 2017 DASHBOARD The ESC has to date attended to: 71 facilitations for MSA’s Considered 12 MSA’s for ratification Ratified 8 MSA’s (3 Old Age Homes, 5 Municipalities) Determined 11 MSD’s Facilitated 100 MSA’s Investigated 13 new services 14 disputes relating to whether a service is essential (Section 73) 3 Section 75 disputes (maintenance service) 2019/04/29 © Commission for Conciliation, Mediation & Arbitration 2017

© Commission for Conciliation, Mediation & Arbitration 2017 CHALLENGES Research There is very limited literature of essential services in SA. This has made the ESC to rely on jurispridence from other countries. Designations made by other legislation Services designated by other legislations continue to pose a challenge as the test for their designations does not conform to the ESC test for being designated as an essential service Building a relationship NEDLAC & DOL There is a need to forster a more structured relationship between these institutions so that the outcomes of the research the ESC does can find expression 2019/04/29 © Commission for Conciliation, Mediation & Arbitration 2017

© Commission for Conciliation, Mediation & Arbitration 2017 ESC BUDGET NB. The Committee is performing within acceptable budget variances. Savings noted are due to the fact that a bulk of projects budgeted for are only due for delivery in the 3rd and 4th quarter.  DISCRIPTION ESSENTIAL SERVICES COMMITTEE   APPROVED AMOUNT R 8 221 125.24 AMOUNT SPENT R 3 370 804.35 BALANCE R 4 850 320.89 2019/04/29 © Commission for Conciliation, Mediation & Arbitration 2017

© Commission for Conciliation, Mediation & Arbitration 2017 CONCLUSION Overall the ESC has achieved on its objectives outlined in the strategic planning for quarter 1 and 2. The only under-achievement related to the conclusion of MSA’s in the Public Service. This came about due to Public Service delays in negotiating minimum services. In an attempt to achieve the target, the Committee targeted hospitals in the Eastern Cape (EC), Western Cape (WC) and Kwa-Zulu Natal (KZN) for the first quarter. However, cooperation was only received from the EC. Only in the latter part of quarter two was cooperation received in the WC. The Committee has now approached the Director-General of the Department of Health to assist with ensuring cooperation from the provinces. Engagements have also been made with the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC). This attempt is yielding positive results. 2019/04/29 © Commission for Conciliation, Mediation & Arbitration 2017

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