However, the intended strike by the National Union of Mineworkers (NUM), the National Union of Metalworkers of SA (Numsa) and Solidarity, which together represent 20 000 workers, is likely to be deemed illegal because Eskom's operations are specified as an essential service under the Labour Relations Act.
Eskom's workers' right to strike needs to be formulated in terms of a minimum service agreement, which the unions suspended two years ago.
The three unions have rejected Eskom's six percent wage increase offer after three rounds of negotiations failed.
"There will be disruptions to the electricity supply and the blame should be with Eskom," Paris Mashego, chief negotiator for the NUM, said yesterday.
"We need to be clear on what constitutes essential services because Eskom is implying all its workers fall under essential service, which is not true.
The state utility opened its offer at three percent and has since increased it to six percent.
Unions have reduced their demands from 13 percent to 12 percent.
The trade unions suspended the service agreement because they argued that it did not function properly.
Dirk Hermann, deputy general secretary of Solidarity, said the unions would seek advice from the International Labour Organisation (ILO) to comment on the government's classification of Eskom as an "essential service".
Fani Zulu, an Eskom spokesman, said the generation, transmission, and distribution of electricity had been declared an essential service.
Zulu said the unions had terminated the minimum service agreement in 2005, "and as such no Eskom employee may engage in strike action".
"At the beginning of this year's wage negotiations, the unions tabled the minimum service agreement as one of their demands. Eskom presented a proposal on the minimum service agreement, which was rejected by the unions. The unions have since declared a dispute in this regard," Zulu said.
He said the parties would appear before the Commission for Conciliation Mediation and Arbitration tomorrow.
(Business Day)
