The impact of declining trade union membership on collective bargaining
- Authors: Nombembe, Vuyani
- Date: 2019
- Subjects: Labor unions -- South Africa , Collective bargaining -- South Africa Industrial relations -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/42814 , vital:36694
- Description: Trade unions play an important role in the South African labour relations. Power relations in the workplace favour the employers in terms of decision-making due to the resources that employers have at their disposal, as compared to single employees. In order for employees to be at par with employers during collective bargaining, they join or form trade unions. In South Africa for example, the apartheid government was against trade unions as they were viewed as a threat to the hegemony of the apartheid regime. The democratic dispensation that was ushered in, 1994, sought to change that through a tripartite arrangement between employees, employers and the government. This was done to ensure that trade unions become part of the decision making process on workplace related matters. The South African Constitution of 1996 states that every employee has the right to form and join a trade union and participate in the activities and programmes of a trade union. Trade unions are also able to influence policy related decisions as they participate in decision-making bodies like the National Economic Development and Labour Council (NEDLAC) and the International Labour Organisation (ILO). Government has enacted legislation that gives effect to the rights that are enshrined in the Constitution. Through protection afforded by legislation, trade unions are able to recruit members in different sectors and with sufficient sector representation are able to form sector specific Bargaining Councils with Employers’ Organisations representing such sectors, that are able to negotiate terms and conditions of employment for employees in that sector. This study considers and evaluates the rights conferred to trade unions by the Constitution and legislation. The study focuses on the impact of dwindling trade union membership numbers on collective bargaining in South Africa and makes a brief comparison with the European Union (EU). It examines the history of trade unions and the causes of the reduction of trade union membership numbers in South Africa and the EU. Case law is considered in order to gain an understanding of the changing collective bargaining landscape in South Africa. Consideration is given to some of the challenges faced by trade unions in seeking new members and this study makes recommendations of measures that could be put in place to assist trade unions increase their presence in the workplace.
- Full Text:
- Date Issued: 2019
- Authors: Nombembe, Vuyani
- Date: 2019
- Subjects: Labor unions -- South Africa , Collective bargaining -- South Africa Industrial relations -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/42814 , vital:36694
- Description: Trade unions play an important role in the South African labour relations. Power relations in the workplace favour the employers in terms of decision-making due to the resources that employers have at their disposal, as compared to single employees. In order for employees to be at par with employers during collective bargaining, they join or form trade unions. In South Africa for example, the apartheid government was against trade unions as they were viewed as a threat to the hegemony of the apartheid regime. The democratic dispensation that was ushered in, 1994, sought to change that through a tripartite arrangement between employees, employers and the government. This was done to ensure that trade unions become part of the decision making process on workplace related matters. The South African Constitution of 1996 states that every employee has the right to form and join a trade union and participate in the activities and programmes of a trade union. Trade unions are also able to influence policy related decisions as they participate in decision-making bodies like the National Economic Development and Labour Council (NEDLAC) and the International Labour Organisation (ILO). Government has enacted legislation that gives effect to the rights that are enshrined in the Constitution. Through protection afforded by legislation, trade unions are able to recruit members in different sectors and with sufficient sector representation are able to form sector specific Bargaining Councils with Employers’ Organisations representing such sectors, that are able to negotiate terms and conditions of employment for employees in that sector. This study considers and evaluates the rights conferred to trade unions by the Constitution and legislation. The study focuses on the impact of dwindling trade union membership numbers on collective bargaining in South Africa and makes a brief comparison with the European Union (EU). It examines the history of trade unions and the causes of the reduction of trade union membership numbers in South Africa and the EU. Case law is considered in order to gain an understanding of the changing collective bargaining landscape in South Africa. Consideration is given to some of the challenges faced by trade unions in seeking new members and this study makes recommendations of measures that could be put in place to assist trade unions increase their presence in the workplace.
- Full Text:
- Date Issued: 2019
A review of the collective bargaining system in the public service with specific reference to the general public service sector bargaining council (GPSSBC)
- Authors: Oodit, Sharlaine
- Date: 2014
- Subjects: Collective bargaining -- South Africa , Public service employment , Labor unions -- South Africa , Labor movement -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10296 , http://hdl.handle.net/10948/d1021029
- Description: ollective bargaining continues to play a prominent role in shaping employment relations in South Africa, without which the individual worker is powerless and in a weaker bargaining position against his employer. Collective bargaining can be described as an interactive process that resolves disputes between the employer and employee. In South Africa the advent of democracy was accompanied by numerous interventions to level the historically uneven bargaining field. Therefore in examining the history of collective bargaining in South Africa it is necessary to reflect on the state of labour relations prior and post the 1994 democratic elections. The study provides an overview of the practices and processes of public service collective bargaining in the old and new public service. The public sector accounts for a very significant proportion of employment in all countries around the globe, South Africa is no exception. Although the state as employer is in a stronger position than its private sector counterpart, the public employee is potentially also in a stronger position than its private sector counterpart. A defining characteristic of most government activity and services is that they are the ones available to the public. This means that industrial action which disrupts such services has a very significant impact on the public, serving as a substantial leverage in collective bargaining. The bargaining councils in the public sector which ensure the effectiveness of collective bargaining are maintained, are examined to provide a comprehensive understanding of the workings of these institutions. Some of the gains and challenges are also explored to provide a holistic picture of state of collective bargaining in public service. A comparison of countries seeks to analyse and compare globally the developments of collective bargaining in public administrations. The different political systems around the world have developed various labour relations processes in the public service, an examination of the approaches and mechanisms provides alternative ways of doing things. Recommendations are made regarding the changes that need to be made, as well as matters, which need to be analysed and examined further.
- Full Text:
- Date Issued: 2014
- Authors: Oodit, Sharlaine
- Date: 2014
- Subjects: Collective bargaining -- South Africa , Public service employment , Labor unions -- South Africa , Labor movement -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10296 , http://hdl.handle.net/10948/d1021029
- Description: ollective bargaining continues to play a prominent role in shaping employment relations in South Africa, without which the individual worker is powerless and in a weaker bargaining position against his employer. Collective bargaining can be described as an interactive process that resolves disputes between the employer and employee. In South Africa the advent of democracy was accompanied by numerous interventions to level the historically uneven bargaining field. Therefore in examining the history of collective bargaining in South Africa it is necessary to reflect on the state of labour relations prior and post the 1994 democratic elections. The study provides an overview of the practices and processes of public service collective bargaining in the old and new public service. The public sector accounts for a very significant proportion of employment in all countries around the globe, South Africa is no exception. Although the state as employer is in a stronger position than its private sector counterpart, the public employee is potentially also in a stronger position than its private sector counterpart. A defining characteristic of most government activity and services is that they are the ones available to the public. This means that industrial action which disrupts such services has a very significant impact on the public, serving as a substantial leverage in collective bargaining. The bargaining councils in the public sector which ensure the effectiveness of collective bargaining are maintained, are examined to provide a comprehensive understanding of the workings of these institutions. Some of the gains and challenges are also explored to provide a holistic picture of state of collective bargaining in public service. A comparison of countries seeks to analyse and compare globally the developments of collective bargaining in public administrations. The different political systems around the world have developed various labour relations processes in the public service, an examination of the approaches and mechanisms provides alternative ways of doing things. Recommendations are made regarding the changes that need to be made, as well as matters, which need to be analysed and examined further.
- Full Text:
- Date Issued: 2014
The right to organise: critiquing the role of trade unions in shaping work relations in post-apartheid South Africa
- Authors: Nyathi, Mthokozisi
- Date: 2011
- Subjects: Labor unions -- South Africa , Apartheid -- South Africa , Industrial relations -- South Africa , Labor unions -- Law and legislation -- South Africa , Labor -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3690 , http://hdl.handle.net/10962/d1003205 , Labor unions -- South Africa , Apartheid -- South Africa , Industrial relations -- South Africa , Labor unions -- Law and legislation -- South Africa , Labor -- South Africa
- Description: Organised labour continues to play a prominent role in shaping employment relations in South Africa. The individual worker is powerless and in a weaker bargaining position against his employer. The advent of democracy was accompanied by numerous interventions to level the historically uneven bargaining field. The trade union movement has made and consolidated significant gains since the advent of democracy. It however faces a plethora of new challenges, such as the negative forces of globalisation, declining membership (often associated with high levels of unemployment and the changing nature of work from standard to atypical employment), the resurfacing of adversarialism in the bargaining process, and numerous shortcomings inherent in forums established to facilitate corporatism. Business is intensifying its calls for investor-friendly policies, which effectively mean a relaxation of labour policies. The trade union movement faces an enormous task of rebuilding confidence and credibility among its members and at the same time showing some commitment to other social actors, government and business, that it is committed to contribute to economic growth and employment creation. The central focus of this thesis will be to highlight the gains made by the trade union movement, the numerous challenges threatening their existence, and how they have attempted to redefine their role in the face of these challenges. It will attempt to offer advice on how trade unions can continue to play a prominent role in shaping relations of work in South Africa. The study begins with a historical overview of trade unionism in South Africa. It then attempts to establish how trade unions have made use of the institution of collective bargaining, the importance of organisational rights to the trade union movement, the effectiveness of industrial action, and the emerging challenges threatening the vibrancy of trade unions. The overall aim is to assess whether the trade union movement is still a force to be reckoned with and its future role in influencing employment relations in South Africa.
- Full Text:
- Date Issued: 2011
- Authors: Nyathi, Mthokozisi
- Date: 2011
- Subjects: Labor unions -- South Africa , Apartheid -- South Africa , Industrial relations -- South Africa , Labor unions -- Law and legislation -- South Africa , Labor -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3690 , http://hdl.handle.net/10962/d1003205 , Labor unions -- South Africa , Apartheid -- South Africa , Industrial relations -- South Africa , Labor unions -- Law and legislation -- South Africa , Labor -- South Africa
- Description: Organised labour continues to play a prominent role in shaping employment relations in South Africa. The individual worker is powerless and in a weaker bargaining position against his employer. The advent of democracy was accompanied by numerous interventions to level the historically uneven bargaining field. The trade union movement has made and consolidated significant gains since the advent of democracy. It however faces a plethora of new challenges, such as the negative forces of globalisation, declining membership (often associated with high levels of unemployment and the changing nature of work from standard to atypical employment), the resurfacing of adversarialism in the bargaining process, and numerous shortcomings inherent in forums established to facilitate corporatism. Business is intensifying its calls for investor-friendly policies, which effectively mean a relaxation of labour policies. The trade union movement faces an enormous task of rebuilding confidence and credibility among its members and at the same time showing some commitment to other social actors, government and business, that it is committed to contribute to economic growth and employment creation. The central focus of this thesis will be to highlight the gains made by the trade union movement, the numerous challenges threatening their existence, and how they have attempted to redefine their role in the face of these challenges. It will attempt to offer advice on how trade unions can continue to play a prominent role in shaping relations of work in South Africa. The study begins with a historical overview of trade unionism in South Africa. It then attempts to establish how trade unions have made use of the institution of collective bargaining, the importance of organisational rights to the trade union movement, the effectiveness of industrial action, and the emerging challenges threatening the vibrancy of trade unions. The overall aim is to assess whether the trade union movement is still a force to be reckoned with and its future role in influencing employment relations in South Africa.
- Full Text:
- Date Issued: 2011
The role of the trade union in post democratic South Africa
- Authors: Collins, Selwyn Charles
- Date: 2004
- Subjects: Labor unions -- South Africa , Labor policy -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11036 , http://hdl.handle.net/10948/354 , Labor unions -- South Africa , Labor policy -- South Africa
- Description: In South Africa, labour has played a central role in shaping the transition to democracy. It remained an open question as to whether labour could sustain it’s involvement during the period of consolidation after the first democratic elections. As was evident in other emerging democracies, economic liberalization often led to stagnation and high costs being imposed on workers, while weakening the state. South African trade unions thus faced formidable problems as they had to respond to rapid economic and industrial change. While being stubborn, South African trade unions remain adaptable enough to survive and grow into the 21st Century. In this dissertation, the writer examines the relevance of trade unions in contemporary South Africa and how they are coming to terms with the deregulated labour market, and the question of globalisation. We look at the emergence of new forms of collective bargaining, the growth of trade unions as partners in a changing workplace and the different ways trade unions are modernising themselves to attract new members. Labour when used as a collective force is capable of shaping democratization through the strategic use of power. Labour has the potential , through participation in negotiated compromises, to ensure that the costs of adjustments are not borne by workers alone. To this end, the South African trade union movement has developed innovative strategies and institutions.
- Full Text:
- Date Issued: 2004
- Authors: Collins, Selwyn Charles
- Date: 2004
- Subjects: Labor unions -- South Africa , Labor policy -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11036 , http://hdl.handle.net/10948/354 , Labor unions -- South Africa , Labor policy -- South Africa
- Description: In South Africa, labour has played a central role in shaping the transition to democracy. It remained an open question as to whether labour could sustain it’s involvement during the period of consolidation after the first democratic elections. As was evident in other emerging democracies, economic liberalization often led to stagnation and high costs being imposed on workers, while weakening the state. South African trade unions thus faced formidable problems as they had to respond to rapid economic and industrial change. While being stubborn, South African trade unions remain adaptable enough to survive and grow into the 21st Century. In this dissertation, the writer examines the relevance of trade unions in contemporary South Africa and how they are coming to terms with the deregulated labour market, and the question of globalisation. We look at the emergence of new forms of collective bargaining, the growth of trade unions as partners in a changing workplace and the different ways trade unions are modernising themselves to attract new members. Labour when used as a collective force is capable of shaping democratization through the strategic use of power. Labour has the potential , through participation in negotiated compromises, to ensure that the costs of adjustments are not borne by workers alone. To this end, the South African trade union movement has developed innovative strategies and institutions.
- Full Text:
- Date Issued: 2004
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