Interaction with the Department of Correctional Services and Labour Unions on challenges related to the implementation of the Occupational Specific Dispensation and the Seven Day Establishment

Correctional Services

29 February 2012
Chairperson: Mr V Smith (ANC)
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Meeting Summary

The Police and Prisons Civil Rights Union briefed the Committee about the impact of the 7Day establishment and implementation of the Occupational Specific Dispensation. The former was intended to introduce a shift system that could enable rehabilitation 7 days per week, and to minimise overtime expenditure. The Department of Correctional Services had to appoint more personnel to provide additional personnel over weekends, but had only created management positions that made the Department top heavy. It had failed to migrate staff to centre based positions. The Department had not created lawful shifts. Staff were working longer hours and Sunday was paid like an ordinary day. The union felt that the Department had failed to implement the Occupational Specific Dispensation. There was uncompensated overtime, limited resources and low morale. Experience was not recognised. There was no pay and grade progression.

The Public Servants Association highlighted that pay had declined for many employees since the agreement to Occupational Specific Dispensation. Disputes over sick leave indicated that employee morale was low. Many did not qualify for recognition of experience. There were no posts created for employees to move to new salary bands. The Occupational Specific Dispensation for educators was implemented in a way that made educators prefer to migrate to normal official positions, to not suffer pay reduction. The Association was convinced that the Department was disregarding employer rights.

The Department reported that it had negotiated with organised labour and that the issue that caused deadlock was backdated overtime payment. There could only be migration between centre based and non centre based dispensations once Public Service Act positions had been filled / funded. The

The Chairperson reprimanded the Department and unions alike for bickering while they had to contribute to peace and stability in the country. He told all concerned that the Committee was not interested in legalities. It wanted to know the effect of their impasse on service delivery. He advised the Department to break deadlocks before it applied for its budget.

Furthermore, Members asked about vacancy rates for artisans, the lack of pay and grade progression, the officials who negotiated the original agreement and the attendance of senior official in the Department.

Meeting report

Briefing by the Police and Prisons Civil Rights Union (POPCRU) on the impact of the 7Day establishment and the implementation of the Occupational Specific Dispensation (OSD)
Mr Nkosinathi Theledi, General Secretary, POPCRU, said that the 7Day establishment had to ensure the introduction of a shift system that would allow rehabilitation programmes to take part on a daily basis, and to minimise overtime expenditure.

It was crucial to the success of the 7Day system that the Department of Correctional Services (DCS) appoint more personnel to take it from its former 5 Day establishment, and to provide available staff over weekends. The DCS had displayed a lack of commitment to appoint personnel in line with the
General Public Service Sector Bargaining Council (GPSSBC) Resolution 2/2009. The DCS had created “jobs for pals” ballooning the top structure of the Department. The Department had failed to migrate officials who had opted for a centre based OSD, which contributed to shortage of staff on the ground.

The DCS had failed to determine lawful shifts to date. Officials had to work longer hours. Remuneration of Sunday as an ordinary day remained disputed. Officials had been compelled to work 45 hours a week without a collective agreement. POPCRU and the DCS still disagreed on the payment of back dated overtime and promotion policy. The DCS had problems of recruitment and employment, with only 1000 trainess in two colleges per year. The training period should be reduced from 24 months to 12 months.

Mr Theledi declared that there was no OSD policy in the Department. Employees were expected to render rehabilitation programmes with limited resources, which compromised their safety. There were long working hours and uncompensated overtime, which caused exhaustion and loss of morale. Yet the Department was returning millions of Rands to Treasury.
 
The DCS wrongly implemented the second OSD phase (Recognition of Experience). Experienced and loyal officials had been placed on the same footing as newly employed officials. POPCRU won an arbitration award against the DCS on the matter, but the Department took it on review to the Labour Court. The Department failed to create salary grades which would allow for longer career progression opportunities, and to create work streams. Pay and grade progression were denied to some officials. The DCS failed to remunerate overtime for officials and owed between R30000 to R70000 to some officials.

Mr Theledi advised that the Department return to a 5 Day establishment whilst recruiting and employing enough personnel to implement the 45 hour week.

Briefing by the Public Servants Association (PSA) on the impact of the 7Day establishment and the implementation of the OSD
Mr Pierre Snyman, National Chairperson, PSA, noted that DCS employees received less income after the signing of the OSD agreement, in some instances a decline of up to R1500 per month. The high level of sick leave disputes was caused by the lack of decent income and stressful working conditions. The majority of workers did not qualify for recognition of experience. Allocation of pay progression could not benefit large numbers of employees because posts had not been created to move to a new salary band.

The position of educators in the DCS was problematic. Only the unique salary structure was addressed, but recognition of experience was not extended to educators in line with the ELRC agreement. That had caused educators to apply for migration to normal centre based official posts. There were grievances regarding migration to centre or non centre based posts. The PSA could not support the introduction of a 45 hour working week. DCS employees had to work at least 20 hours a month longer than the rest of the public service without extra income. It had a negative effect on job creation. The deviation between centre based and non centre based officials made rostering of daily activities problematic. Office personnel worked different shift patterns and could no longer assist centre based employees. South African prisons had been built for penal purposes, with few electronic features which made it labour intensive. Yet there had been a cut of almost 5000 staff in 2010. Unavailability of staff had led to more escapes.

The PSA was convinced that the DCS was disregarding basic employment rights. The Department had been interdicted from changing shift systems until an agreement had been reached for the averaging of working hours.

The Chairperson asked what percentage of employees were represented by POPCRU and PSA.

The two unions replied that 32000 were part of POPCRU, and 11500 were represented by the PSA.

The Chairperson remarked that numbers had to be known to know the impact. He asked what the percentage was regarding centre-based or not, seeing that POCRU had noted that the DCS was top heavy.

Briefing by the Department of Correctional Services on the status of current negotiations with organised labour
Ms Pumla Mathibela, Chief Deputy Commissioner: Corporate Services, DCS, said that the Department had entered into an agreement with organised labour in August where POPCRU withdrew certain court cases and the Department reinstated suspended members of that union. Currently the only outstanding issue was backdated overtime. Ms Mathibela set out the positions of the DCS versus that of the union on that matter (see document). The DCS did not agree with the claim that there had to be additional compensation for the additional shifts/days beyond the 7 days without a break. Both parties agreed that a feasibility study was needed towards providing transport for members who performed night duty.

Both parties agreed that there had to be a work study to determine the staffing need of the DCS, based on the ideal shift model. The Human Resources department would be tasked with developing a training plan to that end. Organised labour was pushing for automatic employment of students after training but the DCS insisted that departmental requirements had to be met. The Department held that migration between centre and non centre based dispensations could only take place once Public Service Act positions had been funded/filled. Additional staff had to be available to ensure that ideal shift models could be implemented. Where enough staff was available or where the 2x12 shift model was operational, that model could be continued as long as the approved rostering option was followed.

Discussion

The Chairperson pointed out to the unions and the Department that they had to make a contribution to peace and stability in the country. If they bickered among themselves it threatened peace and stability. He reminded all that they were not in a court sitting. The Portfolio Committee was not disposed to discuss interpretations of laws and clauses. The relevant fact to consider was the effect of the impasse on service delivery. As long as it were said that certain things had to be done, it was an admission that nothing had in fact been done yet. The question was what everybody was getting paid for. There were implications of moving to and fro for the safety of staff, inmates and South Africans in general.

The Chairperson asked if the DCS was doing what it was supposed to do and noted that it would be applying for its budget in the near future. The DCS had said that an icebreaker was needed. That had better be overcome before the DCS asked for money. There were implications for service delivery. DCS needed to have staff on the ground so that offenders could work and earn their keep. If artisans were not available because the OSD compromised them, an end had to be put to that situation. Bakeries and workshops were closed due to a lack of artisans. There was a Constitutional duty to say that the executive had failed government.

Mr J Selfe (DA) remarked that the term 7Day establishment was a misnomer. The DCS worked with a 14 day period, in practice. It was hard to have a conversation when one did not know how many employees were being talked about.

The Chairperson asked about the ideal capacity.

Ms Mathibela replied that there were 41 911 employees. The DCS needed another 18 000 to be able to implement the 7Day establishment. All learners at colleges had to be absorbed. Approved positions for which funding was not available, would be looked into.

The Chairperson noted that Mr Selfe was asking how many warm bodies were needed to implement the White Paper.

Mr Selfe asked how it was possible for an employee to get more money. It seemed that one either had to work for very long or apply for a new position. There was no normal process of incremental increase.

Ms Gugu replied that the OSD was doing away with salary levels. More grades would perform well over time.

Mr Selfe countered that the DCS had said that grades had not been created.

Ms Gugu replied that supervisory grades had been created. Grade notches had been created in the same level. One could move from 1 to 3 in an operational or a supervisory capacity.

The Chairperson asked if organised labour agreed with that.

Mr Snyman responded that the OSD had advised that experienced members be retained in the Western Province. But there were 200 members who did not qualify to move up in grade. A career path was currently needed, but posts were not being advertised.

The Chairperson asked why posts were not being advertised. The President had instructed that poverty had to be reduced, and equality and unemployment had to be addressed. He asked why supervisory posts had not been created.

Ms Mathibela said that the DCS would review structures to align them to deliverables.

The Chairperson told her that some DCS members were saying that posts would be created, and others were saying that it would be reviewed.

Ms Mathibela replied that a review was necessary to create the right posts, in line with the 7Day establishment and the OSD.

The Chairperson asked how long the reviewing would take.

Ms Mathibela answered that senior management had considered the matter the previous week. A follow up meeting was postponed.

Mr V Ndlovu (IFP) said that he was confused. 18000 jobs were needed. The SONA had stressed the need for job creation. The DCS had a problem. It had negotiated and signed for 7Day and OSD, without knowing where it stood. Now it was running short on human resources. DCS employees were suffering as a result. The Department claimed that it agreed, but nothing was being implemented. He asked why there had to be a review 3 years after agreement.

The Chairperson endorsed the concern articulated by Mr Ndlovu about the 3 year delay. The DCS had negotiated and agreed, and then saw that it could not implement. He asked why that had happened.

Mr Theledi said that the DCS had agreed in order to silence people. That had become evident during court battles. The DCS had never meant for the 7Days and OSD to be implemented. It had agreed to it to end a strike. The unions had come with interventions, but the DCS would simply say that it did not agree with the Labour Court judgement. The unions were asking what obstacles there were to implementation, not how the DCS could be legally defeated.

Mr Terence Raseroka, Deputy Commissioner: Executive Management, DCS, said that the DCS members present had not been present at discussions in 2009. Decisions there had been made by senior members.

The Chairperson remarked that the DCS was not an individual. Individuals came and went. But it had a legal obligation to implement legal agreements. It was a matter of accountability. Those who had taken the decisions were still in the Department, and getting performance bonuses. He was convinced that they were still receiving them. He asked what was being done about them. The Committee had to be told in the following week who these officials were. He insisted that people who had failed in such a way had to be blamed and shamed. In future the DCS had to bring the people who had been errant. Covering for them defeated accountability.

Mr Ndlovu said that the process had been hindered. It was difficult to discuss matters if the 7Day establishment was not a reality. He asked if it was true that officials would collude in escapes because they were not being paid overtime.

Ms M Phaliso (ANC) said that she wished to park her questions. The current exercise could not work. Top management and HR officials had to be present. Every time one looked at a TV, there had been escapes. Members were one to 300 inmates and were in danger. It was not humane. The DCS had negotiated in bad faith. The National Commissioner and the Ministers had to be there. It was clear to see why the Treasury was sceptical that the 7Day establishment could work.

Ms W Ngwenya (ANC) remarked that the DCS had to indicate structures created for career paths. Evidence of salary grades before and after OSD had to be seen. During oversight staff had said that there was no provision of grades. People stayed for 10 to 15 years on the same grade. She asked about time frames.

Ms Gugu replied that the OSD grades and packages for social workers were problematic. Social workers had to take a grade cut. Things looked better for psychologists.

The Chairperson asked until what date the meeting to review posts had been postponed. He remarked that it was of no use to lament the situation. The Committee was the final arbiter in it, and decisions had to be made.

Ms Mathibela responded that she was not yet aware of the new date, but she knew that the structure was complete, and could be signed off. Her delegation would assume responsibility and would respond on behalf of the DCS. Names of the persons who initially negotiated, would be given.

The Chairperson referred to the 60% vacancy rate for artisans. The question was whether what had been done could get warm bodies into place. It would not do to just follow the letter of the law. The question remained if it bore fruit, and whether the DCS could address the high vacancy rates.

Ms Gugu replied that the DCS would return to the Committee after figures on vacancy had been cleaned up. The structure needed work, posts had to be created in line with the OSD, especially supervisory positions.

The Chairperson insisted that an accuracy rate be given. Clarity was needed about the status of the document. The DCS had to bring a clean document. The Committee had in the past told the DCS to bring information that had integrity.

Mr L Max (DA) said that he agreed with Ms Phaliso. It had been a diluted briefing. Human resources was the most valuable asset the DCS had. The National Commissioner should rightly have been at the meeting, along with Chief Deputy Commissioners. The Department of Public Works Deputy Minister had recently said that that Department “was in the ICU”. The DCS was in the mortuary. It was being managed by consultants, and labour through the courts. Staff were dealt with through court orders. Deadlocks could have been broken with the help of the right agencies. There was a provincial director in the Western Cape who had been in an acting capacity for 9 years.

Mr Max continued that while the unions certainly wanted to extend their territory, he could find no mala fides (bad faith) in their arguments. DCS had to overhaul its management. The DCS had taken arbitration awards to the unions for review, simply to frustrate the other side. It knew individuals could not afford to pay legal costs. It was not proper for the Committee to manage the DCS. The Committee was sick of rhetoric. The DCS knew what it had to do, but did not do it, as in the nutrition contract issue. The only way to measure its progress would be for each directorate to provide a clear implementation plan with due dates. The Department had to comply with its mandate.

Mr M Cele (ANC) said that he had expected the Old Assembly Chamber to be packed on the day. He agreed with Ms Phaliso that the right people had not been there, especially the National Commissioner (NC). Clearly DCS workers were not happy. He wished the NC had been there to discuss remuneration.

Mr V Magagula (ANC) said that until such time as the DCS could return to a meeting with the unions properly prepared, he would reserve his questions.

The Chairperson summarised the proceedings. POPCRU had focused on the DCS being top heavy, and weak at shop floor level. Migrations on paper were not actual. Court interdicts had been won by POPCRU. The DCS was being managed by the courts. People were working on Sundays at ordinary rates. The overtime dispute had cost implications. There was a lack of recruitment policy. The high incidence of sick leave taken pointed to an intolerable work situation. Basic employment rights were being disregarded.

The PSA and POPCRU had to return for a further meeting. The Minister, Deputy Minister and National Commissioner had to be present. There would not be talk of legality again. The focal point would be the impact on service delivery. He agreed with Mr Cele. If the topic of the day was not properly discussed, everything else the DCS did would fall short of desired standards. The DCS had to return with responses and information. Information had to have integrity; it would not do to say that it needed to be cleaned up. The Committee had to do its own research. If there had to be arguments about information integrity again, there would be serious trouble. The Committee could not work with information that was not final. The DCS had to return with the Minister and Deputy, the National Commissioner and the Regional Commissioners.

The Chairperson adjourned the meeting.

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