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HR IIB (Labour Relations) Chpt.6 - Collective Bargaining
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Closed and agency shop agreements, bargaining and statutory councils.
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Human Resources Management IIB by ProfessorBurgerQueenCollective Bargaining
- A process by which organised groups of workers and their employers seek to
reconcile their conflicting interests through mutual accommodation.
- Objective of collective bargaining is to reach consensus. Unlike
consultation bargaining requires of both parties to abandon their “fixed”
positions in order to find common ground
The Process
- Bargaining agents are trade unions and employers organisations
- Section 64(2) of the LRA describes a refusal to bargain as:
- A refusal to recognise a union as a collective bargaining agent
- A refusal to agree to the establishment of a bargaining council
- A withdrawal of recognition as a bargaining agent and/or
- The resignation from a bargaining council or a dispute about bargaining units,
levels or subjects
Bargaining Styles
- Distributive bargaining
- Win-lose bargaining
- Characterised by high conflict & power
- Typical issues are wages
- Integrative bargaining
- Win-win outcome
- Mutual identification and recognition of problems
- Trust, support and sharing of ideas in which conflict is minimised
Levels of Bargaining
- Centralised – bargaining at Industry/sector level
- Occurs when employers in an industry act jointly and bargain with one or
more unions, representing their employees, to pay the same wages and grant
the same conditions of service to all employees in that particular industry
, Human Resources Management IIB by ProfessorBurgerQueen
- Decentralised – bargaining at Plant Level between the employer and the unions
- Plant level bargaining allows for negotiations that are specific to the particular
workplace and its unique circumstances
Representivity
- Sufficient Representation
- one, two or more registered trade unions acting jointly, that are sufficiently
representative of the employees employed by an employer in the workplace.
- Usually representing 30% of employees in the industry.
- Majority Representation
- 50% +1
- Unions acting independently or jointly to represent employees in a workplace that are
entitled to:
- Establish a closed-shop or agency shop agreement
- Establish a workplace forum
Organisational Rights
- Procedure for acquisition:
- Registered union notifies the employer in writing that it intends seeking any
organisational rights conferred by the LRA
- Within 30 days of receiving the notice the trade union and employer needs to
meet to establish a collective agreement
- The rights:
- Trade union access to the workplace
- Deduction of union fees
- Election of trade union representatives in the workplace (shop stewards)
- Leave for trade union activities
- Disclosure of information
- Withdrawal of Rights
- Section 23 (4) of the LRA grants both the employer and union the right to
terminate the collective agreement by giving reasonable notice
- According to section 21(11) of the LRA an employer may apply to the
Commission to withdraw any organisational rights if they can prove that the
union is no longer representative
- Union security arrangements
- Majority trade unions only
- Agency and closed shop agreements
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