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Summary Collective bargaining case law
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Labour Law case summaries for collective bargaining
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COLLECTIVE BARGAINING : CASE SUMMARIES- minority union’s right to strike -
NUMSA v Bader Bop (Pty) Ltd [2003: CC]
Members of NUMSA, a minority union in Bader Bop's factory, had sought to strike to force
Bader to grant it rights under section 14 [TU representatives] of the Labour Relations Act. This
section gives a union representing more than half the workers in a workplace the right to have
their shop stewards recognised by their employers.
As NUMSA represented only 26 percent of the workforce, the question was whether its
members were entitled to strike.
Labour Court:- held that they were and refused to grant Bader an interdict prohibiting the
strike.
Labour Appeal Court:- disagreed and granted the interdict.
Constitutional Court:-
In their appeal to the Constitutional Court, NUMSA and the employees relied on section 23 of
the Constitution - particularly, the right to strike protected by section 23(2)(c) - and argued that
in interpreting the provisions of the LRA in the light of the Constitution, this afforded them the
right to strike in the circumstances.
The Court agreed and upheld their appeal. The Court confirmed that Unions are only entitled
to have their shop stewards recognised when they can establish they are the majority unions.
However, for minority unions, the recognition of their shop stewards is a legitimate subject
matter for bargaining and industrial action. Employers will not be obliged to recognise shop-
stewards for all or any of the purposes contemplated by section 14. The precise purposes for
which recognition is granted, if granted at all, will be a matter for the process of collective
bargaining to resolve.
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