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Contents ditorialDear readers,

Welcome to the latest edition of Tseleng, the quarterly newsletter of the National Bargaining Council for the Road Freight Industry (NBCRFI or Council).

As the new Communications and Marketing Officer at Council, I am very pleased to introduce the October/November edition as one packed with all the latest industry and NBCRFI news.

National Secretary Joe Letswalo reviews the year and speaks of the challenges ahead. Ngoako Bopape highlights the latest news on the Pension Fund and provides feedback on the Trucking Wellness campaign.

Tertius Wessels facilitates a real life story of one person in the industry who has overcome HIV/Aids with the help of Council’s Wellness Campaign, while the company’s service provider, CareWorks, speaks of the importance of confidentiality in HIV/Aids care.

Tseleng also reports on the Council’s latest news – including being reaccredited by the CCMA. Finally, “Legal Speak” informs employees of dangerous goods transportation and maternity leave benefits.

Sit back, relax and enjoy the latest publication of your partner in the Road Freight Industry.

Please feel free to contact me should you have any questions or suggestions for future editions of Tseleng.

Warm regards,

Fikile MchunuFikile.mchunu@nbcrfi.co.za

Editorial 2

From the National Secretary’s Desk 3

Council celebrates World AIDS Day 4

Year End Shutdown: Important Dates 5

NBCRFI accredited - Again 5

Trucking Wellness: Investing in Life 6

Trucking Wellness: Ensuring yourConfidentaility 7

Trucking the way to Wellness 8

Trucking Wellness: Expanding Reach 9

Council to Award B-BBEE Certification as Trucking Wellness Incentive 10

Legal Speak 11

Provident Fund Board Once Again Allocates Bonus to Members 12

Communication is Key 12

Contact

31 de Korte Street, Braamfontein, Johannesburg 2001Private Bag X69, Braamfontein 2017

Tel: 011 703 7000Fax: 011 403 1555Email: tseleng@nbcrfi.co.zaWeb: www.nbcrfi.org.za

Disclaimer

Tseleng is a publication for NBCRFI. The views expressed in this publication are not necessarily those of NBCRFI, advertisers or service providers. While reasonable precautions have been taken to ensure accuracy of the content, NBCRFI cannot accept any responsibility for any damages or inconvenience that may arise.

Subscriptions

To subscribe - subscriptions to our email mailing list can be sent to tseleng@nbcrfi.co.za with “Subscription” in the subject line.

To unsubscribe – email tseleng@nbcrfi.co.za with the word “Unsubscribe” in the subject line.

You can also visit our website at www.nbcrfi.org.za to download the latest issue of Tseleng.

“Destiny is no matter of chance. It is a matter of choice: It is not a thing to be waited for, it is a thing to

be achieved.”

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rom the National Secretary’s Desk

As the year draws to a close, allow me to take some time to reflect on the recent past and to look forward to another year as head of the National Bargaining Council for the Road Freight Industry.

2009 saw many challenges and achievements for Council. We successfully negotiated the times challenging way through a wage dispute in an efficient manner that saw all parties emerging in the shortest time possible with a win-win situation. Our Negotiation Protocol, adopted in the previous year, certainly assisted in this regard.

As the economy entered a downturn and started to take its toll, the NBCRFI offered assistance to employers in the form of debt counseling and flexible payment options. We envision this assistance to continue through 2010.

And 2009 saw a real increase in our e-business strategy usage, with industry coming to the party in terms of utilization – and with the expected increases in efficiencies and accuracies of transactions.

Regular stakeholder meetings in all regions to both inform and to get feedback took place in the year (see the article in this edition of Tseleng for more) and Council enjoyed the appointment of a senior officer to strengthen our capacity and service: Chief Financial Officer Alick Kapeza. Welcome to the team!

Looking forward, I expect that 2010 will continue to bring certain challenges to the industry – notably in the slow pace of economic recovery and in the inevitable post 2010 FIFA World Cup™ slump. We continue to watch the Transnet situation with interest – though I have commented elsewhere that we do not expect it to impact on the industry to any large degree.

For the next year, Council will expand its e-commerce offerings in line with its e-business strategy. We will also continue with the roll out and publicity of the Trucking Wellness initiative to encourage uptake. And Council will carry on with Stakeholder Forums in order to be able to respond to the needs of the industry.

Wishing you a safe and relaxing holiday period,

Joe Letswalo

November 2009

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To mark World Aids Day, Council will be hosting three events – two proceeding the day in Cape Town and Durban, and one on December 1 in Johannesburg to launch the Empowerdex B-BBEE participation certificate programme.

Council will invite those companies who employ 50 or more employees to the event; the rest will receive their certificates by post.

Council will also participate in the events of the two organizations it belongs to; namely, the National Aids Council and the Transport Sector Forum under the department of transport.

Wishing you all a safe and happy World Aids Day!

The NBCRFI takes the care of HIV and Aids very seriously.

Council Celebrates WORLD AIDS DAY

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The NBCRFI is accredited to perform all dispute resolution functions in terms of the Labour Relations Act.

The CCMA reviewed the current accreditation process of councils which resulted in, among others, the following:–

• Introduction of the efficiencies or targets that councils need to meet to ensure its optimal performance in the current financial year. • Quarterly reportson all theefficienciesof the Accreditation Policy document to monitor the turnaround time for conciliations and the settlement rate.

As the year draws to a close, Council wishes all stakeholders a peaceful holiday season and a prosperous New Year.

As the NBCRFI staff will be taking annual leave, Council offices will shut down from Friday 18 December 2009. All other queries will be deferred to the New Year.

All Council offices will re-open on Monday 04 January 2009.

Thank you for your understanding and continued support.

Prior to the end of the accreditation period, the NBCRFI will again apply to the Governing Body of the CCMA for the extension of the accreditation to the end of June 2010, a time period that would coincide with the NBCRFI Annual General Meeting.

The NBCRFI continues to conduct conciliation and arbitration processes at all its seventeen offices countrywide, makes full use of the CCMA’s Case Management System and only utilizes the services of commissioners who are currently contracted with the CCMA - or part-time commissioners appointed by the Governing Body of the CCMA - to perform the accredited functions.

Being re-accredited speaks to the good work performed by Council over the past year, as well as to the strong relationships NBCRFI has built with all industry stakeholders. Well done!

AGAIN!NBCRFI Accredited -

November 2009

On the 1 February 2009, the Governing Body of the Commission for Conciliation, Mediation and Arbitration (CCMA) again granted Council (NBCRFI) accreditation for a period of one year ending 31 January 2010 for the entire road freight Industry.

YEAR END SHUTDOWN Important Dates

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rucking Wellness:T Investing in LifeSince inception in 1999, Trucking Wellness is the NBCRFI’s flagship industry wellness programme. A first of its kind in the industry, the programme has grown from strength to strength.

The first Wellness Centre, assisting employees with primary health care such as diabetes testing and cold medication, opened in 2000. These centres are located on major highways throughout South Africa and are a major source of care and comfort to long-haul drivers.

Seeing the pervasive and dangerous effects of HIV/Aids on the industry, industry members decided to create the Wellness Fund in July 2007 to purchase Antiretroviral (ARVs) medication. (Every other expense of the programme is funded through fundraising initiatives - voluntary

counseling and testing is funded by the American government through its PEPFAR programme, infrastructure is funded by the Swedish International Development Agency (SIDA) and salaries are paid by NBCRFI.)

Trucking Wellness continues to grow and expand – all in the name of making a difference to employees’ health and well-being.

Special Edition

SPECIALed

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rucking Wellness:

rucking Wellness:TEnsuring Your ConfidentialityTseleng spoke to Leonie Engelbrecht (LE), Project Manager at CareWorks, who provide HIV treatment for the Trucking Wellness Programme, about just how they ensure members’ confidentiality.

T: “Leonie, just how do you ensure that you keep members’ confidentiality?”LE: “Through a number of ways. The first step when an employee enrolls on the programme is to verify their membership status – to establish if they are paid up members of the NBCRFI. We do this membership verification through our direct access to the NBCRFI’s live database, using the employee’s date of birth or ID number. We do not contact the employer or trade union.”

T: “What about if shop stewards or HR managers refer employees to you?”LE: “We do not provide any feedback to the person making the referral unless written consent is given by the employee.”

T: “What about referrals which come from one of the 15 Trucking Wellness mobile clinics?”LE: “We have a dedicated fax number where all completed enrolment forms are sent and all CareWorks employees sign an undertaking of confidentiality. The faxes are routed automatically to a computer and do not lie around.”

T: “The toll-free number (0800 212 768; open 8am to 5pm) is the first point of contact for many employees. How do you protect their confidentiality in this method?”LE: “First off, our Call Centre is a secure space,

located within the CareWorks Head Office building. Walk-in traffic is not permitted. And all our Call Centre employees are trained in issues of confidentiality and sign confidentiality undertakings ”

T: “And follow-ups and counselling? How do you maintain the employee’s confidentiality?LE: “When speaking on the phone, we firstly establish that we are talking to the right people. We also ask, ‘Is it okay to speak now? When is a good time for you speak?’ and then we will call back.”

T: “Finally, what about delivery of medicines? How do you keep that confidential?”LE: “We always take our cue from the employee. They can choose from a number of methods: a nursing sister at work, a post office box or home address or even delivery to a Trucking Wellness clinic that they pass on a regular basis!”

T: “Do you report the cases to employers or trade unions?”LE: “No, definitely not! We only report numbers - but never names or any other identifying details!”

So there you have it! Treatment through Trucking Wellness is completely confidential – from referral to delivery to reporting.

So what are you waiting for? Get the assistance you need by calling 0800 212 768 during office hours!

HIV/Aids-related stigma is still deep-rooted; most people remain concerned about keeping their HIV status and even treatment a secret, especially in the workplace.

SPECIALedition

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Trucking the Way

to Wellness

Tseleng gets one person’s story of living with Aids.

A few years ago, Vuyo Silikazi* contracted HIV while driving the Johannesburg to Maputo route. “It was difficult to be away from home for so long. I was lonely. I used the sex workers for company sometimes.”

When he started to feel unwell, Vuyo visited one of the nine Trucking Wellness clinics conveniently located on the country’s highways. These clinics provide primary healthcare pertinent to drivers’ needs – such as flu shots, multivitamins and diabetes testing.

Among the largest non-governmental HIV/Aids initiatives in South Africa (and certainly the largest of its kind for this specific target group – mobile, young males), the programme builds on Council’s nine-year history of fighting HIV/Aids.

At the clinic Vuyo received free voluntary counselling and testing, and, when he tested positive, was referred to the programme’s service provider for Aids medication, management and treatment.

* Not his real name

Today Vuyo is back at work: with the support of Council’s Aids management programme, he is able to carry on a normal life. “Just taking that first step to go into the clinic saved my life!”

An estimated 28,000 of the 70,000 members of the NBCRFI are thought to be HIV positive.

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T: “Ngoako, what is Trucking Wellness doing to publicize the programme?”NB: “We are currently publicizing the programme through a variety of mediums, including live presentations, DVDs, pamphlets, posters, print articles in newspapers and magazines and radio interviews.”

T: “Where are the DVDs being shown?”NB: “We are flighting DVDs here at the Bargaining Council offices. We have a big, captive audience in the waiting areas when members come to collect dues, bonuses and leave monies and for disputes resolution. These showings are being rolled out to all the regional offices.”

T: “Tell us more about the pamphlets and posters.”NB: “We have developed both these mediums from an information and design perspective and emailed to all the companies on our database. We are also finding out which companies do not have access to email and are posting hard copies to them. The posters, which depict in graphic form how to get on and benefit from the programme, are also being distributed via the road shows.

We are asking companies to print out and place in a conspicuous place in the workplace, such as next to the Basic Conditions of Employment poster. Posters are also available – free of charge - in all regional branches for employers to take away.

T: “And what about the media drive?”NB: “We have already published several articles in trade journals and newspapers, and are busy at work making contact with editors and journalists of all the large daily, regional and trade publications nation-wide to accept more articles. We also are active in trying to get onto radio shows to do interviews to publicize the programme.”

T: “What are the main messages of the media outreach campaign?”NB: “The message we are conveying is that Trucking Wellness is more than ready for full roll out of ARV treatment. There is a toll-free number (0800 212 768) which is confidential and dedicated to the NBCRFI programme – and that is the way to access help and treatment.”

Trucking Wellness is in the midst of publicizing the programme in order to increase uptake. Tseleng caught up with programme head Ngoako Bopape (NB) to get the scoop on its media campaign.

SPECIALedition

rucking Wellness:TExpanding Reach

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Council to Award

as Trucking Wellness

B-BBEE CertificationIncentive

SPECIALed

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In another initiative to improve participation, Trucking Wellness has established a unique incentive scheme for employers – Empowerdex Broad-Based Black Economic Empowerment (B-BBEE) certification!

Employers can be awarded certification on the basis of two grounds:

• Keeping up to date with contributions;• Participation – for example, sending employees for Voluntary Counseling and Testing or allowing them time to go for the testing.

Empowerdex certification gives BEE points to market one’s business and to solicit new business.

Recipients can receive points for training and education or for Corporate Social Investment in health.

To date, more than 250,000 people in the industry have been educated in HIV/Aids – some of that under Trucking Wellness.

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Council to Award

as Trucking Wellness

DANGEROUS GOODS TRANSPORT BENEFIT

What is a HAZCHEM employee?A HAZCHEM employee means a driver who is qualified as a “Dangerous Goods Driver” and holds an appropriate DGP (Dangerous Goods Permit) and the driver’s assistant who accompanies the driver and who are both employed specifically to transport goods of a company who is registered accordingly to operate as a transporter of dangerous goods.

What is a Dangerous Goods Driver? A “Dangerous Goods Driver “ means a driver who has qualified as a dangerous goods driver and holds an appropriate PDP (Public Drivers Permit) and Hazardous Goods Certificate and who has been specifically employed to transport goods by a company that is registered accordingly to operate as a transporter of dangerous goods.

Do all companies qualify? Importantly, even if a driver is a qualified dangerous goods driver but is not employed to specifically transport goods by a company that is registered to operate as a transporter of dangerous goods, the driver will not qualify for payment of the danger allowance.

It is also important to note that both the driver and the driver’s assistant will qualify for the danger allowance if they comply with the prescribed provisions as set out above.

How is the danger allowance calculated? The calculation shall be 0,5% based on the minimum prescribed wage for the HAZCHEM driver and the minimum prescribed wage for

his/her assistant. The allowance is calculated either on a weekly or monthly basis.

MATERNITY LEAVE

Who qualifies for maternity leave benefits?The employee is only entitled to the maternity leave payments on condition that she has completed at least six (6) months or more unbroken service with the employer as a class of employee in respect of whom minimum wages are prescribed in the Main Collective Agreement.

What are the maternity leave benefits?An employee on maternity leave is entitled to 33% of her normal basic wage. This amount shall be paid by the employer weekly on the usual pay day.

EGALspeakL

November 2009

Good news is that as from 1 March 2010, danger allowance shall be paid to HAZCHEM employees, while as from 1 June 2009, benefits will be paid to employees on maternity leave (subject to the conditions on the right). Tseleng got the low-down from Deon Keon, Manager, Agreements Compliance.

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Despite the extremely challenging economic times, NBCRFI’s Provident Fund has emerged in a very healthy position – to the point where members will be allocated a bonus – to be added to their accounts.

The bonus declaration is a process embarked on an annual basis. An actuary looks at the returns of the Fund for the past year, and, on the basis of these findings, recommends to the Board a certain percentage which shall be allocated to members.

For the past year, a 10% bonus was recommended and accepted by the Board, a rate which is higher than the previous years. Upon withdrawal, members receive their bonuses plus their accumulated contributions and their employers’ contribution.

Members of the Provident Fund are thus getting above inflation returns on their investments, and the Board will continue to invest their money wisely and to maximize returns.

The NBCRFI is always looking to improve communication with stakeholders, whether employees or employer bodies or other interested industry bodies. To this end, Council has recently re-started its quarterly Stakeholder Forums in the Kwa-Zulu Natal and Western Cape regions to great success.

The purpose of these forums is to create a space where those parties who have interest and influence in our industry can be engaged. Information sharing takes place and regional issues are discussed. Council provides

statistics and industry updates to members.

Though specific problems are not addressed at these forums (so as not to break parties’ right to confidentiality), policy issues are referred to senior management for uptake.

KZN Regional Manager Sanel Berger commented on the October 15 round of forums: “Forums are helpful even if just to build on relationships and awareness for both parties and to try to work together – it certainly helps for the future of the industry.”

Berger was excited at the excellent attendance of this last round of Stakeholder Forums and told Tseleng that the next round is provisionally scheduled for February 2010.

Council is also in the process of arranging for another Trucking Wellness information session. And it has arranged for a representative from RFS, the Administrator of the Provident Fund, to be present at the Stakeholder Forums to answer queries and to be available after the Forums to address specific problems.

Look out for the next Stakeholder Forum – to be held at a Regional Office near you! Check out the Year Planner on the Council’s website www.nbcrfi.org.za for meeting dates in 2010.

Provident Fund Board once again allocates BONUS to MEMBERS