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Sixty percent (60%) of the employees in the bargaining unit are union members, the balance have no union affiliation. The company, however, has a well-established practice of extending whatever wage increase it agrees with the union to all employees in the bargaining unit.
The current wage agreement expired at the end of March 2006, and the parties are in dispute over wages for 2006/7. The dispute has been referred to the CCMA. The company seeks your advice on the circumstances in which the union can call a strike in support of its wage demands, and poses the following questions:
(a) What are the statutory preconditions that the union would have to satisfy before its members can participate in a protected strike?
(b) The company is particularly concerned about the prospect of the non-union members in the bargaining unit participating in any strike, since it would not be possible to continue production under those circumstances...
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