CHAPTER 4

(LABOUR RELATIONS: A SOUTHERN PERSPECTIVE)

EMPLOYER AND EMPLOYEE

REPRESENTATION
 TRADE UNIONS AS COLLECTIVE ORGANISATION
• FIRST DEFINITION OF TRADE UNION WAS THAT OF SIDNEY AND BEATRICE WEBB.
• THOSE TWO DEFINED A UNION AS “A CONTINUOUS ASSOCIATION OF WAGE EARNERS FOR THE PURPOSE
OF MAINTAINING OR IMPROVING THEIR WORKING LIVES” (MAREE 1984).

• SALAMON DEFINED A UNION AS “AS ANY ORGANIZATION, WHOSE MEMBERSHIP CONSISTS OF EMPLOYEES,
WHICH SEEKS TO ORGANIZE AND REPRESENT THEIR INTERESTS BOTH IN THE WORKPLACE AND SOCIETY, AND,
IN PARTICULAR, SEEKS TO REGULATE THEIR EMPLOYMENT RELATIONSHIP THROUGH THE DIRECT PROCESS
OF COLLECTIVE BARGAINING AND MANAGEMENT”.

• SOUTH AFRICAN LABOUR RELATIONS ACT 66 OF 1995 DEFINES UNION AS “AN ASSOCIATION OF EMPLOYEES
WHOSE PRIMARY PURPOSE IS TO REGULATE RELATIONS BETWEEN EMPLOYEES AND EMPLOYERS INCLUDING
EMPLOYERS’ ORGANIZATION.

• THE PRIMARY GOALS OF THE TRADE UNIONS IS TO PREVENT ANY EXPLOITATION BY EMPLOYERS AND THE
NEGOTIATION OF HIGHER AND
 TRADE UNION CLASSIFICATION
• HISTORICALLY, TRADE UNIONS ORGANISED THEMSELVES ACCORDING TO THE TYPE OF INTEREST THEY
REPRESENT.
• ESTABLISHED TO REPRESENT EMPLOYEES IN CERTAIN OCCUPATIONS, OR TO REPRESENT EMPLOYEES
WHO DID NOT RESORT UNDER A SPECIFIC OCCUPATION, OR EMPLOYEES WORKED IN A PARTICULAR
INDUSTRY.
• UNIONS ARE CLASSIFIED INTO:
 OCCUPATIONAL UNIONS: THEIR MEMBERSHIP DERIVES FROM EMPLOYEES IN A CERTAIN OCCUPATION.
(E.G CRAFT, PROMOTION, UNSKILLED AND SEMI-SKILLED, WHITE COLLAR AND PROFESSIONAL UNIONS).
 GENERAL UNION: AIMED TO ORGANISE ALL EMPLOYEES. IRRESPECTIVE OF SECTOR, SKILL OR
OCCUPATIONS.
 INDUSTRIAL OR SECTORAL UNIONS: THE PURPOSE OF THIS UNION IS TO REPRESENT ALL THE WORKERS
IN A CERTAIN INDUSTRY OR SECTOR.
 TRADE UNION OBJECTIVES
• HIGHER AND EQUITABLE WAGES/ SALARIES
• JOB SECURITY
• JOB REGULATION
• PROTECTION FROM ARBITRARY AND DISCRIMINATION ACTION
• TRAINING AND DEVELOPMENT OF MEMBERSHIP/ EMPLOYEES
• ACCESS TO SUSTAINABLE PENSION/ PROVIDENT FUNDS
• A SAFE AND HEALTHY WORK ENVIRONMENT AND ACCESS TO HEALTH CARE
• REASONABLE WORKING HOURS THAT CONTRIBUTE TOWARDS A WORK-LIFE
BALANCE
• EQUALITY IN THE WORKPLACE WITH REGARD TO GENDER, PARENTAL AND
OTHER RIGHTS.
 SECURING HIGHER AND MORE EQUITABLE
SALARIES

• MAINTAINING AND IMPROVING THE ECONOMIC STATUS OF THEIR MEMBERS

REMAINS ONE OF THE MAJOR FUNCTIONS OF TRADE UNIONS.
• A UNION WHICH DOES NOT OBTAIN ECONOMIC GAINS MAY SOON LOSE ITS
MEMBERS.
 JOB SECURITY

• KEEPING THEIR MEMBERS IN JOBS IS IMPORTANT TO UNIONS AS THEIR ACHIEVEMENT OF

ECONOMIC BENEFITS.
• UNIONS MAY EXCHANGE INCREASED ECONOMIC BENEFITS FOR SOME OF ITS MEMBERS SO THAT
ALL MEMBERS MAY KEEP THEIR JOBS.
• UNIONS DISPLAY THEIR INVOLVEMENT WITH DISMISSALS AND RETRENCHMENTS AND THEIR
ATTEMPTS TO PREVENT THESE FROM OCCURRING.
•
 SOCIOPOLITICAL INVOLVEMENT

• TRADE UNIONS CONSTITUTE A VERY POTENT POLITICAL FORCE.

• TRADE UNIONS DO ENGAGE WITH IN POLITICAL ACTIONS
 METHODS USED BY THE UNIONS TO ACHIEVE THEIR OBJECTIVES

DIFFERENT STRATEGIES
• COLLECTIVE BARGAINING WITH EMPLOYERS

• COLLECTIVE ACTION

• REPRESENTATION AND INVOLVEMENT IN THE UNDERSTANDING

• AFFILIATIONS WITH OTHER BODIES BY FORMING FEDERATIONS OR ALLIANCE

• COLLECTIVE BARGAINING WITH GOVERNMENT (BY THREAT OF A GENERAL STRIKE, UNION FEDERATIONS CAN
FORCE GOVERNMENT TO LISTEN TO THEM)

• REPRESENTATION ON LOCAL, NATIONAL AND INTERNATIONAL BODIES

• REPRESENTATION ON LEGISLATIVE AND POLICY-MAKING BODIES

• POLITICAL INVOLVEMENT (GOVERNMENT LISTEN TO UNIONS WHICH CAN BRING IN VOTES)

• REPRESENTATION ON BENEFIT FUNDS SUCH AS PENSION AND MEDICAL AID

 POWER’ OBJECTIVE
• SOLIDARITY OF ITS MEMBERSHIP (THEIR WILLINGNESS TO ENGAGE IN COLLECTIVE ACTION)
• THE DEPTH AND EXTENT OF ITS ORGANIZATION (THE LARGER AND BETTER ORGANISED A UNION
IS, THE MORE POWER WILL IT WIELD)
• THE SKILL AND EXPERTISE OF THE NEGOTIATORS
• THE SYMPATHY IT GETS FROM OTHER BODIES IN BOTH THE LABOUR RELATIONS AND
SOCIOPOLITICAL SPHERES
• ITS ABILITY TO INFLUENCE GOVERNMENT, BUSINESS OR EVEN INTERNATIONAL AGENCIES.
 SHOP STEWARDS

• UNIONS INSIST THAT THEIR MEMBERS AT EVERY PLANT ELECT SHOP STEWARDS.
• THE MANAGEMENT MUST RECOGNISES SUCH SHOP STEWARDS AS THE
LEGITIMATE REPRESENTATIVES OF THE UNION MEMBERS IN THEIR EMPLOY.
• SHOP STEWARD/S PERFORM/S UNION DUTIES IN THE COURSE OF HIS OR HER
EMPLOYMENT AND IS ONE OF THE OFFICE-BEARERS WHO CAN DIRECTLY
REPRESENT WORKERS’ INTERESTS TOWARDS BOTH MANAGEMENT AND THE
UNION
 SHOP STEWARD DUTIES
• RECRUITING NEW MEMBERS

• ASSISTING AND REPRESENTING MEMBERS IN GRIEVANCES AND DISCIPLINARY PROCEDURES

• CONSULTING AND NEGOTIATING WITH MANAGEMENT ON PLANT-LEVEL MATTERS

• OBTAINING MANDATES FROM MEMBERS BEFORE AND DURING THESE NEGOTIATIONS

• ASSISTING WITH THE ORGANIZATION OF BALLOTS SUCH AS STRIKE BALLOTS

• ENSURING THAT MANAGEMENT ADHERES TO WAGE AND OTHER AGREEMENTS

• ORGANISING AND ATTENDING UNION MEETINGS AT PLANT LEVEL AND BRANCH LEVEL

• PARTICIPATING IN WORKPLACE FORUMS OR COMMITTEES

• ADVISING FELLOW EMPLOYEES

• KEEPING EMPLOYEES INFORMED OF UNION POLICIES AND PLANS

• KEEPING THE UNION INFORMED OF THE SITUATION IN THE ORGANIZATION

• COLLECTING TRADE UNION DUES

• WORKING AT BRANCH LEVEL

 EMPLOYERS AND EMPLOYER
ORGANISATION
COLLECTIVE EMPLOYER BODIES
• ONE FORM OF EMPLOYER ORGANISATION IS THE CHAMBER OF COMMERCE OR INDUSTRY

• THE PURPOSE OF A CHAMBER OF COMMERCE OR INDUSTRY IS TO SERVE A FORUM AND TO REPRESENT THE
INTERESTS AND OPINIONS OF BUSINESS TOWARDS GOVERNMENT AND OTHER SECTIONS OF THE COMMUNITY.

REASONS FOR FORMING/ JOINING EMPLOYER’S ORGANIZATION

• TO BALANCE THE COLLECTIVE POWER OF THE UNION

• TO STANDARDISE CONDITIONS OF SERVICE IN AN INDUSTRY

• PUT WAGES OUT OF COMPETITION

• HAVE NEGOTIATIONS CONDUCTED BY PERSONS WITH EXPERTISE

• HAVE THEIR INTERESTS REPRESENTED AT A MACRO-LEVEL

 EMPLOYERS’ ORGANISATIONS
COLLECTIVE BARGAINING ORGANISATION
• LABOUR RELATIONS ACT PROVIDE FOR THE FORMATION AND REGISTRATION OF EMPLOYERS’ ORGANISATIONS
FOR THE PURPOSE OF CENTRALISED COLLECTIVE BARGAINING WITH A UNION OR UNIONS.

• BARGAINING FUNCTIONS OF THE EMPLOYERS’ ORGANIZATION SERVE TO:

 REPRESENT THE INTERESTS OF EMPLOYERS IN THE INDUSTRY TO GOVERNMENT AND OTHER BODIES
 PROVIDE ADVICE TO MEMBERS

• EMPLOYER BODIES
 SOUTH AFRICAN CHAMBER OF COMMERCE AND INDUSTRY (SACCI)
 REGIONAL ASSOCIATIONS FOR BLACK BUSINESS PEOPLE, COORDINATED BY THE NATIONAL AFRICAN FEDERATION OF
CHAMBERS OF COMMERCE (NAFCOC)
 FOUNDATION FOR AFRICAN BUSINESS AND CONSUMER SERVICES (FABCOS)
 NATIONAL SMALL BUSINESS CHAMBER
 MINEARA CHAMBER OF COMMERCE WHICH REPRESENTS MUSLIM BUSINESSSMEN AND ENTREPRENEURS
 EMPLOYEES’ ORGANISATIONS
• LABOUR RELATIONS ACT PROVIDE FOR THE FORMATION AND REGISTRATION OF
EMPLOYEES’ ORGANISATIONS FOR THE PURPOSE OF CENTRALISED COLLECTIVE
BARGAINING WITH EMPLOYER OR EMPLOYERS’ ORGANIZATION.
• CONGRESS OF SOUTH AFRICAN TRADE UNIONS (COSATU)
• FEDERATION OF UNIONS OF SOUTH AFRICA (FEDUSA)
• NATIONAL COUNCIL OF TRADE UNIONS (NACTU)
• SOUTH AFRICAN FEDERATION OF TRADE UNIONS (SAFTU)