Podcast
Questions and Answers
What is the purpose of imposing a general duty to bargain?
What is the purpose of imposing a general duty to bargain?
- To reduce union power
- To limit industrial unrest (correct)
- To restrict collective bargaining
- To increase employer flexibility
What is a consequence of a failure to bargain prior to the 1995 Labour Relations Act?
What is a consequence of a failure to bargain prior to the 1995 Labour Relations Act?
- Improved industrial relations
- Unfair labour practice (correct)
- Loss of union recognition
- Reduced employer liability
What is a right acquired by trade unions through the duty to bargain?
What is a right acquired by trade unions through the duty to bargain?
- Right to collective bargaining
- Right to strike
- Access to employer premises (correct)
- Right to employ non-union workers
What is the primary bargaining approach in South Africa?
What is the primary bargaining approach in South Africa?
What is the precursor to a registered union acquiring organisational rights?
What is the precursor to a registered union acquiring organisational rights?
What is the term for the requirement that all employees in a bargaining unit must join a union?
What is the term for the requirement that all employees in a bargaining unit must join a union?
What is the term for the arrangement where employees pay union dues, but are not required to join the union?
What is the term for the arrangement where employees pay union dues, but are not required to join the union?
What is the term for the practice of benefiting from union negotiations without paying union dues?
What is the term for the practice of benefiting from union negotiations without paying union dues?
What is the purpose of union security arrangements?
What is the purpose of union security arrangements?
What is the term for the level of representation required for a union to acquire organisational rights?
What is the term for the level of representation required for a union to acquire organisational rights?
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Study Notes
Integrative Bargaining
- Emphasizes win-win outcomes that produce joint gains
- Relies heavily on principles of resolution
Trade Unions
- Came into being through the realisation that collective power is needed to match employers' power
- Examples of trade unions include registered trade unions and employers' organisations
Collective Agreements
- Legally binding agreements concluded between employers (or employers' organisations) and organised labour
- Concern terms and conditions of employment or any other matter of mutual interest
- Definition according to s 213
Union Security Arrangements
- Address the problem of 'free-riding' in trade unions
- Examples include:
- Ballot of all employees to be covered by the agreement with a two-thirds majority vote
- Post-entry closed shop, where employees become members of a trade union after taking up employment
- Exclusive use of deductions to further socio-economic interests of employees
Bargaining Councils
- Voluntary bodies established in terms of s 27 of the Labour Relations Act
- Consist of one or more registered unions in collaboration with one or more registered employers' organisations
- Collective agreements concluded in a bargaining council bind the parties and their members
- The state as an employer can also be a party to a bargaining council
Background to South African Collective Bargaining
- Centralised collective bargaining at industry level has been the principal approach since 1924
- Industrial councils were established under the Industrial Conciliation Act of 1924
- Table 9.1 shows the number of bargaining councils and their coverage from 1983-2014
Bargaining Levels and Structure
- Different levels of bargaining, including industry level, company level, and workplace level
- Advantages and disadvantages of each level, as shown in Table 9.4
The Duty to Bargain
- Failure to bargain constitutes an unfair labour practice
- Good faith bargaining is important in limiting industrial unrest
- Trade unions rely on the duty to bargain to obtain recognition and organisational rights
Representativity
- A precursor to a registered union acquiring rights
- Three levels of representation, including sufficient representation (though the Act is unclear on what this means)
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