TOPIC 6: THE ROLE OF TRADE UNIONS Flashcards
INTRODUCTION
The role of trade unions, particularly in the South African context, has traditionally been one of
antagonism to management. This antagonism role may be attributable to past injustice and
victimisation but, is that it may, in a quality work-life organisation there should be a constructive
relationship between all the stakeholders and a joint commitment to working towards the common
good. The primary focus of trade unions has always been on improving the quality work-life of their
members. It will be important that they achieve the improvement they seek through constructive
engagement rather than destructive disengagement.
A trade union is an organisation made up of members (a membership-based organisation) and its
membership must be made up mainly of workers. One of the trade union’s main aims is to protect
and advance the interests of its members in the workplace
ROLE OF TRADE UNIONS
Trade unions in Southern Africa are mostly characterized by the past political landscape where
there are unions that were instrumental in the liberation struggle and those that were supportive
of the colonizers or oppressors. The same trend continues to exist at bargaining levels in the
industry where you will find unions that are pro-management and will always work against the
good interest of workers. In the case of South Africa, such unions are predominantly white and
sometimes black establishments that were opposed to the struggle against apartheid. These
establishments tend to obstruct democratic arrangements either in our struggle against worker
exploitation by capital or against unpopular government policies like privatisation and progressive
unions 72 to participate in company decision-making processes.
It is a fact that the political struggle in South Africa did shape the role of trade unions in democratic
processes and governance. Despite the Alliance, we have with the political party in power which
dates back to the yore days of apartheid, we still maintain our independence as far as fighting for
the interests of workers and the society is concerned.
For trade unions to be strong and effective in engaging the government, the following should
happen: Unions should have effective administrative structures, Financial resources and proper
management systems, Political education for its staff members, Effective constitutional structures,
Capacity building of its leadership on political and democratic processes, Effective union
departments like Collective Bargaining and Research, Legal, Housing, Health and Safety,
Education and Training and so on. Organising should play a critical role in ensuring that workers
do understand the role of the union and their rights. Correctly and appropriately considered, the
above will always serve as a basis for a strong union capable of engaging the government on public
policy issues and management on worker issues.
UNIONS CHALLENGE APARTHEID
The militancy has shown by the trade union movement in support of union recognition and higher
wages soon translated into political mobilisation against the apartheid system.
The apartheid-era Industrial Conciliation Act, for example, recognised the right of white, Indian and
coloured workers to belong to trade unions while denying black workers the same right.
Consequently, trade unions argued that workers and their unions could remain disengaged from
community struggles to dismantle the apartheid system.
Unions soon began participating in community struggles against rents, unrepresentative local
councils and apartheid laws, leading in the 1980s to the establishment of community organisations,
including youth, student and women’s structures.
A cooperative relationship between unions and community organisations was established. The
many stay ways in support of political demands in the 1980s were jointly organised by unions and
community organisations. The trade unions valuable organisational and negotiating experience
was shared with community activists, ensuring effective community mobilisation.
The unions also played an important role when, in 1983, they joined up with anti-apartheid
organisations to form the United Democratic Front, a broad-based a movement that campaigned
against the trilateral parliament catering for whites, Indians and Coloureds to the exclusion of black
people. Many trade union leaders became prominent members of the African National Congress
{ANC} after the 1994 elections
LABOUR RELATIONS ACT
6.4.1 Definition
The Labour Relations Act (No 66 of 1995) governs how employers and employees should
deal with each other and what rights trade unions and employer organisations have in the
workplace. It is not about the terms and conditions of employment.
The LRA deals with the rights of individuals regarding fairness, bargaining and dispute resolution
and rights and obligations of trade unions.
6.4.2 Who is covered by the LRA?
• Except for members of the South African National Defence Force, National Intelligence
Agency and Secret Service, all employees are covered by the LRA, including farmworkers,
domestic workers and public sector employees (such as teachers, nurses, police and so
on who work for the state).
• An independent contractor is not defined as an ‘employee’ and is therefore excluded
from the LRA and BCEA provisions
6.4.3 What is the LRA about?
The LRA covers things like:
• rights of employees to form and join a union
• rights of employers to form and join an employers’ organisation
• the rights of trade unions in the workplace
• collective bargaining
• Bargaining Councils and Statutory Councils
• the establishment of workplace forums, which allow employees to participate in
management decisions at work
• what are fair and unfair labour practices
• procedures that must be followed for dismissals to be fair
• dispute resolution structures and procedures, including the Commission for Conciliation,
Mediation and Arbitration
• industrial action
Trade union representation is now an accepted fact of industrial practice. Almost all sectors of the
economy, including the public service, have representative unions which engage employers over
issues affecting their workforce.
REGULATED, CO-OPERATIVE LABOUR RELATIONS
Industrial relations policy is regulated through labour legislation that is negotiated at the statutory
National Economic Development and Labour
Council {NEDLAC}. Trade unions federations, employer bodies, the government and civic
organisations are represented in NEDLAC, which debates and tries to reach consensus on social
and economic policy issues.
South Africa’s post-1994 labour legislation is among the most progressive in the world, providing
for nine institutions to settle disputes, ensure fairness in the workplace, and a natural sound,
cooperative industrial relations.
6.6 THREE MAIN UNION FEDERATIONS
According to the 2001/02 South Africa Yearbook, there were about 17 trade union federations at
the end of 2000. This number could be higher, though, as federations are not required by law to
register, and unaffiliated unions spring up all the time.
There are, however, three prominent trade union federations with affiliates operating in the
different sectors of the economy. These are the Congress of South African Trade Unions {Cosatu},
the Federation of Unions of South Africa {Feuds}, and the National Council of Trade Unions {Nactu}.
Although the three federations and their respective affiliates compete for membership, they
cooperate in forums such as Nedlac. They have also embarked on joint campaigns, including
demonstrations against amendments to the Labour Relations Act.
• Congress of SA Trade Unions
• Federation of Unions of SA
• National Council of Trade Unions
STRONG UNIONS, STABLE WORKPLACE
The strength of trade unions lies in the fact that their campaigns are issue-focused and therefore
appeal directly to their target members. The shop steward structures on the factory floor serve two
major purposes: they ensure that workers’ interests are articulated and that agreements with
employers are implemented.
The factory floor structures also ensure that discipline and unity of purpose is maintained among
the workforce. This benefits employers, as they interact with their employees through structures
that enjoy legitimacy among the workers, thereby ensuring a relatively stable industrial
environment. Employers and trade unions have, over the years, cultivated a cooperative working
relationship that has created a less strained working environment. Among the gains, the unions
have registered over the years is the concession by employers that unilateral decision-making is
undemocratic.
TRADE UNIONS FUTURE
Over recent years, it has become fashionable in many quarters to write off Britain’s trade unions, to
label them as obsolete institutions out of touch with new realities and incapable of change. In today’s
world of individual employment contracts, performance-related pay schemes, Human Resource and
Total Quality Management and all the other ingredients of the so-called new workplaces, trade
unions are often regarded as anachronistic obstacles preventing the success of the market economy.
As collective voluntary organisations that present employees in the workplace, it is argued; trade
unions no longer serve a useful purpose. The main priority of this essay is to represent the arguments
for and against the relevance of trade unions in today’s working society.
Trade unions exist because an individual worker has very little power to influence decisions that
are made about his or her job. The greatest advantage of joining a trade union is that, by doing so,
individuals possess more chance of having a voice and influence in their place of work. By joining
forces with other workers, an individual’s opinions and beliefs regarding their job will also be voiced
by other union members, thus creating a stronger stance against management, if needed.
Therefore, the main purpose of the trade union is to protect and improve people’s pay and
conditions of employment. This objective is usually achieved through negotiation and
representation. Negotiation is where union representatives discuss with management, issues
which affect people working in an organisation. The union finds out the member’s views and relays
these views to management. Pay, working hours, holidays and changes to working practices are the sort of issues that are negotiated. However, not all views will be taken on board by the
management; there may be a difference of opinion between them and union members.
Negotiation, therefore, is about finding a solution to these differences. This process is also known
as collective bargaining. In many workplaces, there is a formal agreement between the union and
the company, which states that the union has the right to negotiate with the employer. In these
organisations, unions are said to be recognised for collective bargaining purposes. People who work
in organisations where unions are recognised are better paid and are less likely to be made
redundant than people who work in organisations where unions are not recognised. Most
collective bargaining takes place quietly and agreements are quickly reached by the union and the
employer
Occasionally disagreements do occur, and in these cases, the union may decide to take industrial
action. If the problem cannot be resolved amicably, the matter may go to industrial action. The
purpose of industrial tribunals is to make sure those employees and employers conform to
employment laws. They are made up of people outside the workplace who make a judgment about
the case, based on the employer’s and employee’s point of view. Cases that go to industrial
tribunals are usually about to pay, unfair dismissals and redundancy at work. The Advisory and
Arbitration Service {ACAS} is often used to find a solution to a dispute which is acceptable to both
sides. Its duty under the Employment Protection Act, in particular, to encourage the extension of
collective bargaining and also to develop, and where necessary to reform, collective bargaining
machinery.
Main functions of ACAS:
• Advisory work,
• Collective bargaining machinery.
• Collective conciliation, arbitration, and
• An extended investigation into industrial relations problems.
Individuals can be represented by trade unions when they encounter problems at work. If an
employee feels that they are being unfairly treated, he or she can ask the union representative to
help sort out the difficulty with the manager or employer.
