The impact of the proposed amendments
on trade unions and collective bargaining
Presented by
Mpfari Budeli
• LRA – cornerstone of SA labour law.
• First labour legislation to protect the rights of all
employees without any distinction.
• Unique piece of legislation because it is a product of a
tripartite agreement between organised labour,
organised business and the State.
• To celebrate two decades Next year.
• Although there are still challenges a lot has been
achieved.
What are the aims of the proposed amendments??
a) to bring the Labour Relations Act in line with labour
law developments;
b) to fulfil the country’s obligation as a member of the
ILO; and
c) to address the phenomenon of labour broking.
Proposed Amendments to the LRA: Collective
Labour Law
Section 21: Organisational Rights
• In a dispute about representativeness a commissioner
must, in addition to the factors mentioned in Section
21(8)(b) consider the composition of the workforce
taking into account employees employed through
Temporary Employment services, fixed term, part time
and non-standard employees.
Proposed section 21(8A)
• A Commissioner may grant a registered trade union that
is not a majority union, the right to elect shop
stewards(S 14) if the union:
-
already enjoys the rights of access to the workplace(s 12),
stop order facilities(13) and leave for office bearers(s 15);
and
-
no any other union has been granted section 14 rights in that
workplace.
• A Commissioner may grant a union the right to
disclosure of information(S16) if the union is:
-
entitled to the rights in sections 12,13,14 and 15; and
no any other union has been granted section 16 rights in
that workplace.
The rights granted in terms of section 21(8A) lapses
when the trade union is no longer representative in the
workplace (Section 8B).
• A trade union which does not meet a threshold of
representativeness set by means of a collective
agreement may acquire sections 12, 13, and 15
rights if:
-
all parties to the collective agreement have been given an
opportunity to participate in the arbitration; and
the applicant union represents a significant interest or a
substantial number of employees.
• A union which exercise organisational rights in respect of TES
employees may do so at the workplace of the TES or client.
What are the implications of Section 21 amendments??
• When determining representativeness, atypical
workers are also considered.
• promote the inclusion of atypical employees in the
collective bargaining framework.
• Even representative union can acquire organisational
rights previously acquired by majority unions only.
Implications continue
• Non-standard employees to be represented by trade
unions and be able to exercise organisational rights.
• Reduce industrial action by small unions to obtain
organisational rights.
Section 22- disputes about organisational rights
• Disputes about organisational rights may be resolved
through conciliation failing which arbitration.
• Proposed section 22(5) provides that an arbitration
award may be imposed against the client of the TES
and any other person that controls access to the
workplace.
Section 51 - Dispute resolution by Bargaining
Council
• Section 51(9) amended.
• ITO the amendment, a Bargaining Council may
provide for payment of a fee in relation to any
conciliation or arbitration proceedings in respect of
any matter for which the CCMA may charge a fee.
• BC fees may not exceed the fee provided for in
section 115.
S 64- strike and lock-out requirements
• Initially there was proposal that trade unions should:
- ballot members before any strike and majority should
-
vote in favour of the strike.
CCMA, BC or any accredited agency should issue a
certificate that balloting has been complied with.
What would be the effect of this proposal?
-
failure to conduct a ballot would render the
strike unprocedural.
- Cumbersome requirement - would weaken the
union’s power to call for a strike.
• Proposal was strongly opposed by labour.
• Not included in the LRA amendment Bill.
Section 69 - picketing
• definition of picketing amended (S 69(1)).
 Current definition: union members and supporters
may participate in picketing.
 In terms of the amendment, only trade union
members can participate. No more supporters
What are the effects of this amendment?
• Public and civil society are now excluded from
picketing.
• diminishes the phenomenon of labour solidarity as
only affected employees can participate in picketing.
Picketing- conti…
• ITO section 6 picketing rules may also provide for
picketing in a place, which is owned or controlled by
3rd party provided that such 3rd party had the
opportunity to make representations to the CCMA
before the rules were established.
effect
• Good for unions in retail sector.
• For instance employees may picket in the malls as
long as the owners had the opportunity to make
representation before picketing rules are
established.
Picketing - conti…
• The new section 12 gives the Labour Court wide
powers to grant relief in respect of picketing dispute.
• The labour court may:
- order compliance with picketing rules or vary
the terms of a picketing agreement or rules.
- suspend a picket or strike in appropriate
circumstances.
• The Labour Court may also suspend a
lockout or even suspend an employer from
engaging replacement labour during a strike
or lockout.
What are the implications
• The requirement that the Labour Court
may suspend a strike may be abused
by employers especial during long
strikes.
S 70- Essential Services Committee
Section 70 has been extended by inserting Ss 70A-F.
S70A - composition of the ESC.
S70B - powers and functions of the ESC.
S 70C - appointment of ESC panels.
S 70D - powers and functions of panels.
S 70E - jurisdiction and administration of ESC.
S70F - regulations for ESC.
EFFECTS
• The new sections constitute a positive development
for both trade unions and employers.
• Bill extends the functions and powers of the ESC.
• The appointment of the ESC panels may fast-track
the its functioning.
• proposed amendments are in favour of
trade unions and encourage collective
bargaining in the workplace.