The Police and Prisons Civil Rights Union (Popcru) has given the government five days in which to agree to the implementation of the sector's Occupation Specific Dispensation (OSD).
"We're giving them five days, [after] which we will take the action straight back to their faces," said Popcru president Zizamele Cebekhulu.
The OSD was agreed upon in September 2007 in the aftermath of that year's public workers' strike. Popcru wants a promise of a date of implementation from the Department of Public Services and Administration, said Cebekhulu.
"We are not making an unnecessary demand. There is already an agreement," he said.
Popcru and the department would meet on Monday to discuss implementation.
"After the five days we need a date of implementation," said Cebekhulu.
If a date is not forthcoming, Popcru has threatened a nation-wide march to the department's office.
Cebekhulu said the union had wanted to meet with the department to discuss the implementation of the OSD, but the department had responded with "arrogance and unwillingness."
"The only time the DPSA declared to be ready for engagement was in November 2008, 12 months after the conclusion of the resolution," said Cebekhulu.
"This is a clear sign, the agreement was only concluded for the sake of conclusion," added Popcru general secretary Nathi Theledi.
Department spokesperson Sefako Nyaka refused to comment on the union's accusations.
"We are not prepared to comment while we are still in discussions with the union," said Nyaka.
Cebekhulu said the union had been told there was not enough funding to make the OSD a reality. For this reason, he accused the government of having negotiated in 2007 in bad faith.
"I think we are faced with a situation where they signed an agreement which they didn't have the budget for," said Cebekhulu.
"People negotiated in bad faith."
Popcru had already taken some labour action against one of its employers, the Department of Correctional Services (DCS), with what it said were lunch-break pickets.
Prison guards are designated an essential service and are generally prohibited from taking certain, more dramatic, labour actions such as strikes.
Interdict
On Thursday night, the DCS successfully sought a Labour Court interdict to prevent the union from striking.
"[DCS] sought the interdict to prevent an ongoing labour action that threatens public safety," said spokesman Manelisi Wolela.
The interdict prevents Popcru from striking, from blocking entrances or picketing within 200 metres of DCS offices and facilities and from "interfering or intimidating" employees.
Popcru was also ordered to pay the costs of the DCS's application to the Labour Court.
Though the interdict takes effect immediately, it is an interim one. Popcru was told to appear on 13 August and argue why the interdict should not be made final.
Cebekhulu said the Labour Court hearing had been conducted without Popcru's knowledge and the union did not have a representative present.
"They did not win it [the interdict]. They got it because they were alone there. Our lawyers are busy contesting that," said Cebekhulu.
Wolela could not confirm whether the DCS had notified Popcru of the hearing.
The Popcru president acknowledged that their workers faced more restrictions but could still take labour actions if "we close all the loop holes".
"We are building our case hear and when we go out... members of the community are not going to blame us," said Cebekhulu.
Popcru is not alone in its complaints regarding the non-implementation of the OSD. Doctor's went on strike in April and have continued to protest and picket. In May, Congress of SA Trade Unions general secretary Zwelinzima Vavi warned that the country was "sitting on a time bomb" if the OSD was not implemented.
Sapa
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