scholarly journals PAPER V PRACTICE – EXAMINING THE SCOPE AND LIMIT OF SECTION 206 OF THE LABOUR RELATIONS ACT IN PROVIDING A REMEDY FOR A NON-PARTY TO AN EXTENDED COLLECTIVE AGREEMENT

Obiter ◽  
2021 ◽  
Vol 33 (3) ◽  
Author(s):  
Jeanne-Mari Retief
Keyword(s):  
Collective Agreement ◽  
Correct Interpretation ◽  
Labour Relations ◽  
Collective Agreements

The Minister of Labour may extend collective agreements concluded in bargaining councils to non-parties to the agreements in terms of section 32 of the Labour Relations Act 66 of 1995. The extension of these agreements has long been a cumbersome debate in law and practice. While some argue in favour thereof there are many that argue against it. Non-parties can apply for exemption from thesecollective agreements, and this is seen as a due remedy, however, the process of applying for exemption can be wrought with inefficiencies. Therefore, the question must be asked whether the employer as a non-party to an extended agreement, hasany remedy to its disposal. Section 206 of the Labour Relations Act deals with the effect that a defect or irregularity in a bargaining council can have on the validity of the collective agreement concluded by said council. If the collective agreement is extended to non-parties, and there is a material defect with regard to the collective agreement, this section can provide a due remedy for the non-party, if interpreted and applied correctly. Seen as a clarification for the correct interpretation of section 206 has only recently been addressed in a judgment by Judge Van Niekerk, this article focuses on this interpretation and aims to make certain recommendations with regard to the interpretation of section 206.

A New Dimension in Collective Agreements

1976 ◽  
Vol 11 (4) ◽  
pp. 468-515
Author(s):  
Ruth Ben-Israel
Keyword(s):  
Industrial Relations ◽  
Collective Agreement ◽  
Labour Law ◽  
Stages Of Development ◽  
Economic Changes ◽  
Labour Relations ◽  
Collective Agreements ◽  
Flexible Framework ◽  
Catch Up ◽  
The Individual

From the late 19th century on, a series of social and economic changes have altered the system of labour relations. The transition of bargaining over terms of employment, from the individual to the collective sphere, was the culmination of the historical stages of development. Changes in labour relations have always been, and remain dynamic. Therefore, collective labour law, like the industrial relations system itself, is constantly taking new steps to formulate up-to-date patterns of thought and behaviour. Hence, the legal system finds it difficult to dictate firm policies, and can only try to catch up with the development bypost factumlegislation and theorization, which can set but a broad and flexible framework.The collective agreement is presented in this study as a universal phenomenon, resulting from the historical stages of development in labour relations. These stages have led to the crystallization of the collective agreement as it is known today, and to the formulation of its distinctive traits.

scholarly journals Limiting Organisational Rights of Minority Unions: POPCRU v Ledwaba 2013 11 BLLR 1137 (LC)

2017 ◽  
Vol 17 (5) ◽  
pp. 2227
Author(s):  
Tamara Cohen
Keyword(s):  
Civil Rights ◽  
Collective Bargaining ◽  
Trade Unions ◽  
Fundamental Principle ◽  
Collective Agreement ◽  
Freedom Of Association ◽  
Labour Relations ◽  
Collective Agreements ◽  
Legislative Model ◽  
The Right

The Labour Relations Act 66 of 1995 unequivocally promotes the policy choice of majoritarianism, in furtherance of orderly collective bargaining and the democratisation of the workplace. The majoritarian model aims to minimise the proliferation of trade unions in a single workplace and to encourage the system of a representative trade union.Section 18(1) of the Labour Relations Act enables majority unions to enter into collective agreements setting thresholds of representivity for the granting of access, stop-order and trade-union leave rights to minority unions. In furtherance of the majoritarian framework, collective agreements concluded between majority unions and employers can be extended to non-parties to the agreement in terms of section 23(1)(d) of the Labour Relations Act provided specified requirements are satisfied. In Police & Prisons Civil Rights Union v Ledwaba 2013 11 BLLR 1137 (LC) (POPCRU) the Labour Court was required to consider if the collective agreements concluded between the employer and the majority union could be relied upon to prohibit the minority union from securing organisational rights. In so doing, the Labour Court had to reconcile the fundamental principle of freedom of association and the right to fair labour practices (to organise and engage in unfettered collective bargaining) within the context of the majoritarian framework. The Labour Court in POPCRU held that the collective agreement concluded with the majority union must have preference over the organisational rights of minority unions, in keeping with the principle of collective bargaining hierarchy and the legislative framework. This case note argues that, while the finding of the labour court in POPCRU is correct on the facts and is in keeping with the principle of majoritarianism, the legislative model may no longer be suitable within the context of the current socio-economic and political landscape. Strike violence, loss of confidence in existing bargaining structures, and the alienation of vulnerable employees from majority unions has resulted in minority unions taking up the cudgels of frustrated and disempowered employees, as witnessed in the Marikana experience. The note suggests that in the light of the changing dynamics of the collective bargaining environment, it may be time to revisit the majoritarian model.

scholarly journals Collective Agreements and Juridical Extension

2014 ◽  
Vol 7 (1-2) ◽  
pp. 72-80
Author(s):  
Gérard Tremblay
Keyword(s):  
Point Of View ◽  
Collective Agreement ◽  
Historical Evolution ◽  
Economic Aspects ◽  
Labour Relations ◽  
Collective Agreements ◽  
Corrective Measures ◽  
The Law

Summary After a brief outline of the historical evolution of the Collective Agreement Act since its adoption in 1934 and of the Labour Relations Act of 1944, the author examines in succession the contents, the authority and the application of these two laws. Both of them present certain difficulties in their application and thus cause differences in viewpoints between employers and employees. How can these differences be overcome ? There is the problem. The reader will find in this article a possible solution from the point of view of the law, union requirements and certain economic aspects, and two possible corrective measures that may be applied immediately.

scholarly journals Voluntary Quits: Do Works Councils Matter? An Analysis of the Reform of the German Works Constitution Act 2001

2019 ◽  
Vol 239 (1) ◽  
pp. 67-109
Author(s):  
Julian B. Adam
Keyword(s):  
Panel Data ◽  
Collective Agreement ◽  
Full Time ◽  
Difference In Difference ◽  
Works Councils ◽  
Collective Voice ◽  
Collective Agreements ◽  
Works Council ◽  
Establishment Panel Data

Abstract Most of the literature on the effects of German works councils does not deal with the issue of potential endogeneity of works council existence. Exploiting exogenous variation in works council authority stemming from a 2001 reform of the German Works Constitution Act, I apply a regression difference-in-difference using establishment panel data. I find that increasing works council size and the introduction of one full-time councilor causally reduces the number of voluntary quits by about 30 %. This decline is driven entirely by collective voice effects and there is no evidence for monopoly effects in place. Similar to the findings of previous research, the effect is significant only in establishments which are subject to a collective agreement. The results suggest that the effectiveness of works councils either heavily relies on the support of unions, or that works councils mainly serve as a guardian of collective agreements.

Getting in gear for global competition: pacts on employment and competitiveness in the EU automobile industry

2001 ◽  
Vol 7 (4) ◽  
pp. 650-656 ◽  
Author(s):  
Stefan Zagelmeyer
Keyword(s):  
European Union ◽  
Automobile Industry ◽  
Employment Relationship ◽  
Global Competition ◽  
The European Union ◽  
Labour Relations ◽  
Collective Agreements ◽  
Competitive Success ◽  
Plant Level ◽  
The Eu

During the 1990s, company or plant-level collective agreements on employment and competitiveness were forged at most car producers in the European Union. These pacts aim at maintaining or creating jobs and at improving the competitiveness of the plant or company in intra-conglomerate as well as inter-company competition. This paper analyses these employment pacts and discusses their implications for labour relations. It concludes that these pacts should not just be seen as examples of concession bargaining, but rather as emerging forms of cooperative labour relations, focusing on adjusting the governance of the employment relationship to the imperatives of joint competitive success.

scholarly journals Alberta's Construction Labour Relations During the Recent Downturn

2005 ◽  
Vol 41 (4) ◽  
pp. 778-801 ◽  
Author(s):  
E.G. Fisher ◽  
Stephen Kushner
Keyword(s):  
Construction Industry ◽  
Labour Relations ◽  
Collective Agreements

This paper describes and analyses from a labour relations perspective the rapid changeover of Alberta's construction industry from 70-80% unionized projects during 1975-1982 to a 5-10% coverage of projects by collective agreements commencing in 1984.

scholarly journals The Role of the Secretary of a Parity Committee

2014 ◽  
Vol 7 (4) ◽  
pp. 323-333
Author(s):  
Raymond Gérin
Keyword(s):  
Collective Agreement ◽  
Social Conscience ◽  
Labour Relations

In this article, the author wishes to show the important role that the secretary of a parity committee, by his functions, must play. These functions vary from one parity committee to another, but generally are those determined by the Collective Agreement Act and suggested by the sample regulations recommended by the Department of Labour. In addition to these duties, the secretary takes part in the conduct and orientation of the parity committee, not only as administrator but also as a specialist in a sector of labour relations possessing an awakened social conscience. In order to act with efficiency and durability, he must be particularly rich in qualities and resources and thus be able to assure the continuation and orientation of this organization with which he is entrusted.

scholarly journals Global Reform of the Labor Code of the Republic of Belarus in 2019-2020 (Issues of Labor and Collective Agreements)

Lex Russica ◽  
2020 ◽  
pp. 143-154
Author(s):  
K. L. Tomashevski ◽  
E. A. Volk
Keyword(s):  
Law Enforcement ◽  
Collective Agreement ◽  
Collective Agreements ◽  
Technical Errors ◽  
Legal Method ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Law ◽  
The Republic ◽  
Personnel Practice

The law of the Republic of Belarus of July 18, 2019 No. 219-Z "On changing laws" introduced significant changes and additions to the Labor Code of the Republic of Belarus. These innovations can be assessed as the third global reform of labor legislation. The importance of this reform is evidenced by the following facts. First, more than 170 articles were corrected. Second, the Code was supplemented with two new chapters. Third, 12 new articles were introduced (except for new chapters), about the same number of articles were excluded. Fourth, 25 articles of the Labor Code of the Republic of Belarus were set out in a new version. The paper analyzes in detail the new legal definitions of labor function, qualification, contract, and local legal acts. The Law of July 18, 2019 No. 219-Z introduced a new Chapter in the Labor Code of the Republic of Belarus on the contract system of employment, which implemented norms from a number of decrees and decrees of the President of the Republic of Belarus. In the course of the last reform, the Labor Code of the Republic of Belarus amended the provisions on the term of the employment contract, employment, transfer, changes in essential working conditions, and dismissal of an employee. The paper reveals a number of conflicts, legal and technical errors and legal uncertainties associated with the adoption of the Law of July 18, 2019 No. 219-Z, which may lead to problems in practice when applying the updated Labor Code of the Republic of Belarus. Special attention is given to the new rules of the Labor Code of the Republic of Belarus on the extension and scope of the collective agreement. The authors make suggestions for improving the labor legislation of Belarus. The comparative legal method is used, in particular, it is compared with the labor legislation of the Russian Federation. It is concluded that the Belarusian legislator has not approached the reform of the Labor Code of the Republic of Belarus in a well-thought-out and scientifically justified way. The shortcomings of the Law of July 18, 2019 No. 219-Z noted in this paper will be overcome and leveled by law enforcement and personnel practice.

scholarly journals Changements technologiques et rapports collectifs du travail

2005 ◽  
Vol 28 (1) ◽  
pp. 3-37
Author(s):  
André C. Côté
Keyword(s):  
British Columbia ◽  
Collective Bargaining ◽  
Technological Change ◽  
Technological Changes ◽  
Labour Relations ◽  
Collective Agreements ◽  
Commission Report ◽  
Teleological Interpretation ◽  
The Impact ◽  
The Relationship

This paper focusses on the relationship between technological change and the labour relations system circumscribed by the Québec Labour Code. While a teleological interpretation of bargaining rights of certified associations by labour jurisdictions seems to have dealt adequately with the impact of such changes on certification, the doctrine of residual management rights, in the context of fixed-term agreements entrenched in the Québec Labour Code, appears to be, in the opinion of the author, unduly rigid and restrictive. The Freedman Report on Railway run-through and the subsequent discussions surrounding the Woods Commission Report in the 1960's, resulted in the inclusion in the Canada Labour Code of provisions pertaining to the possible adjustment, through collective bargaining, of collective agreements in the context of such technological changes. Various provisions to the same effect have subsequently been inserted in the Labour Codes of Saskatchewan, Manitoba and British-Columbia. The Report of the Beaudry Commission recently proposed that the Québec Labour Code be similary modified by the inclusion of analoguous provisions. The author suggests that a reform along the lines thus suggested is, in principle, desirable to ensure a more equitable adaptability of our legal categories to the imperatives of technological change.

scholarly journals BREACH OF A COLLECTIVE AGREEMENT: DOES THE LRA PROVIDE A REMEDY IN SECTION 24? Minister of Safety and Security v Safety and Security Sectoral Bargaining Council [2010] 6 BLLR 594 LAC

Obiter ◽  
2021 ◽  
Vol 32 (3) ◽  
Author(s):  
Adriaan van der Walt ◽  
Glynis van der Walt
Keyword(s):  
Dispute Resolution ◽  
Case Note ◽  
Collective Agreement ◽  
Labour Relations ◽  
Appeal Court

In a recent judgment of the Labour Appeal Court the application of section 24 of the Labour Relations Act (66 of 1995, hereinafter “the LRA”) was considered, and curtailed. In this case note the judgment of Minister of Safety and Security v Safety and Security Sectoral Bargaining Council ([2010] 6 BLLR 594 LAC, hereinafter “Minister of Safety and Security”) is evaluated. In addition, an amendment to section 24 is proposed with a view to clarifying the ambit of the dispute-resolution procedure contained in that section of the LRA.

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