Role Of Collective Bargaining In Causes Of Prolonged Strikes And Picketing

Table of Contents

This is an initial statement

In conclusion

Bibliography

An opening

The following keywords will be discussed in my assignment:

Collective Bargaining and Industrial Action. I will discuss some of these keywords in more detail.

There are steps you can take to prevent violent strikes. These are the main factors that lead to violent and prolonged strikes. I will also highlight the importance and benefits of industrial action and collective bargaining. It is the process in which labor unions and employers negotiate terms for their employment relationship. Collective Bargaining is aimed at achieving a collective agreement between the unions. This includes the payment of salaries, working conditions, and benefits. Here, the employer’s employees are represented by the union. John Grogan defines collective bargaining as an adversarial process where the employer and employees work together to find a solution to conflicting goals. The process of collective bargaining can be implemented either institutionally, through an agreement, or in practical practice. The Act allows sectoral bargaining to be organized in the form of bargaining bodies. Trade unions and employer groups can create bargaining teams and register them as bargaining officers with the Registrar of Labour Relations. Strikes were used to force workers to comply with their demands. Industrial Action is protected by both the Labour Relations Act & the Constitution, but strikers need to follow certain procedural and substantive requirements. Section 23 is very informative.

Fair labor practices are a right for everyone.

Every worker is entitled to:

To join and form a trade union

To take part in the programs and activities of a union

To hit.

Picketing is a form or protest where people gather in front of the place or event. Picketing is used by workers to protest workers who aren’t interested in striking. However, sometimes they picket to draw the public’s attention. Section 17 of Constitution grants workers the right, under certain circumstances, to gather, demonstrate, picket, or present petitions. This Constitutional right is only available to peaceful, unarmed individuals.

1. A registered trade association and employer/employer organisation should seek to enter into a collective arrangement on standing picketing guidelines to regulate pickets for support of a protection strike or against lockout.

2. This collective agreement should consider the following:

The nature and effect of the authorization;

The notice that the picket has begun, with details about the location, time, duration and extent.

The nature of picket conduct

The location and number of picketers;

The communication methods between marshals, employers, and other relevant parties

Conduct of pickets at the employer’s premises

This code and the default picketing regulations are annexed. The parties to the dispute that gives rise to a lockout or protected strike must attempt to reach a picketing agreement before the lockout or protected strike begins.

The answer is yes to the above-mentioned question. The country’s economy is also affected by prolonged strikes that affect both the employee and employer. Both employers and employees are affected by prolonged strikes. Employers lose income and employees lose their wages. It is difficult for both to recover from the long-term industrial action.

The National Economic Development and Labour Council of Canada (NEDLAC), issued an Accord on Collective Bargaining and Industrial Action, July 2017. Accord’s main goal is to influence the political developments by bringing alternative options to armed violence and prolonged conflict to the forefront. Accord specializes at conflict management and conflict analysis.

This Accord was signed by the Parties and signatories. They also committed their members.

NEDLAC constituencies

Trade unions

The boss

The governing body

Agencies

Each of the parties mentioned has a different role to play in making sure everything goes according to plan. I feel that the Marikana strikes left everyone in a poor state. The South African Police Service (SAPS), in its role, ensures sufficient capacity. They also train their members to supervise strikes, lockouts and pickets. They will not use excessive force or use non-lethal weapons to stop or respond to violations of codes. As the unions play their role for workers, they must ensure that violence, intimidation and property damage are not caused. If this happens, they must take all steps to stop such conduct and complying with any court order that prohibits violence, intimidation and property damage. According to me, strike violence is still a problem. I mean that we saw flames in fees must be dropped, students committing violence against the institution and intimidating the security. They even destroyed them.

Salary

Unemployment, Poverty, and Inequality

The long-term strike can have a significant impact on wages. We saw this in the Marikana strike. Employees at Lonmin Platinum mine started a wildcat striking for a wage increase. It began on 09 August 2012 and lasted until the 16th August 2012. Police opened fire upon mine workers killing 34 and injuring 78. The Strike of Marikana caused a crisis in the country, and 34 mineworkers were killed and 78 others sustained serious injuries. This is why the Accord was signed in 2017. The South African Police Service’s (SAPS) behavior shocked everyone. Now they are aware of what to do with the Accord. One million employees in the public sector went on strike for wage demands in 2010. After three weeks of strike action, the dispute was settled by the respective union leaders. Despite the fact that 65 of LRA prohibits strike and lock-outs in vital services, there was a significant strike among essential service workers. In May 2018, multilateral negotiations for the National Minimum Wage were held in the National Economic Development and Labour Council. The minimum wage was established to reduce inequalities, particularly among employees working in the same occupation but earning different wages. The NMW stipulates that workers must receive R20.00 an hr. For someone working 40 hours per week, that amount to R3500.00 per year. Unemployment has a major impact on the majority of the country and is increasing the inequality between the wealthy and the poor. Because people who are employed or working have to take care of the unemployed families, they are also more vulnerable to unemployment. Strike action can be triggered by employees demanding an increase in their wages. This is due to the burden they carry. It’s not easy to support family members who aren’t working. Nelson Mandela once said that it was not possible to overcome poverty by charity. It is an act in justice. It protects a fundamental human rights, the right to dignity. It is true freedom that poverty does not disappear. Statistics of South Africa (Stats SA), a publication that was just released, has revealed that the unemployment rates rose to 29.1% between the first quarter of 2019 and the second quarter of 2019. Our government must wake-up and begin to implement rather than just promise. a) According to ILO Convention 98 on collective bargaining, the government must take appropriate measures to ensure that there are no barriers to voluntary negotiation between employers or workers’ organisations and employers. The Act encourages collective bargaining in many ways.

Facilitating collective bargaining at sectoral levels by creating a statutory framework that allows for collective bargaining through the bargaining council.

Allowing collective bargaining at single or multi-employer workplaces

Organisational rights at work

c) The Government, federations and employer groups in NEDLAC agree to meet on a regular basis to discuss legislative and other measures that promote collective bargaining at centralized and sectoral levels. i.

Every employer, trade union, employers’ association, and any negotiators that are designated to represent them must adhere to these principles: mutual respect and good-faith bargaining. ii. The trade union must provide all information necessary to be effective in collective bargaining. All information relevant should be made available to the trade union upon request. However, confidentiality must be maintained. iii. All requests and responses from parties should be made in writing. iv. One party may not add a demand to negotiations except if it is necessary for the purposes of settling the dispute and with the consent of the other. v. Additionally, an employer cannot unilaterally alter terms, conditions, and hours of employment during negotiations that are not aimed at reaching a settlement. The Act requires parties to collective bargaining to work together to train competent negotiators in order to engage collective bargaining.

Encouragement of recognized training institutions to offer training courses on this Code for collective bargaining negotiators;

This training is required for negotiators.

Their respective leaders should prepare for any demands or responses from the union, employer, or employer organizations.

To do proper research into the economy, sector, ability of individual employer, particularly small, middle, and micro-enterprises.

To determine if information is required to prepare a response or demand.

Each party must submit its demands in writing.

In conclusion

These are the things I’ve discussed. The LRA’s importance and the Constitution as a whole. The impact and role of Industrial Action, especially with regard to wages.