Trade Unions

Trade Union

• A trade union is an organisation formed by workers to represent workers when they need to negotiate with their employers

• A trade union is an organisation that protects the rights of workers

• Trade unions are the link between employers, employees and the government

• The trade unions work on behalf of employees to make sure that government legislation (set of laws) gives employees’ rights

  • These rights should protect employees from exploitation (bad treatment of someone to get what you want) and mistreatment by employers

  • It is the responsibility of every employer and employee to know the legislation and to enforce it in the workplace

• The relationship between employers and employees or between businesses and trade unions is called industrial relations

Historical development of trade unions

• During the 29th year of pharaoh Ramses 111 reign in the 12th century BC, the first strikes occurred.

  • Strikes are a way of forcing the employer to negotiate with workers.

  • Nowadays strikes are protected and organized by a trade union.

• The South African Constitution provide for the right to join trade unions and to strike.

• After the discovery of gold and diamonds in South Africa during the late 1800’s many artisans from overseas came to work here.

• In 1922 there was unrest and strikes at the mines on the Witwatersrand due to harsh working conditions.

• In 1924 the government, for fear of a repeat of the 1922 mine unrest adopted the first Industrial Conciliation Act, which later became the Labour Relations Act.

• From 1973 to 1994, trade unions played an important role in the establishment of a democratic South Africa.

  • One of the main role players was COSATU.

  • The Congress was formed in December 1985 after four years of talks between unions.

• COSATU is the largest labour union in South Africa.

Role of the government

• The government has the responsibility to protect the rights of all individuals

• Government has developed legislation to control the relationship between employees and employers

• Examples of legislation:

  • Basic Conditions of Employment Act

  • Labour Relations Act

  • Employment Equity Act

  • Health and Safety Act

Rights of employees

• The right to work

• The right to choose your work

• The right to a safe and healthy work environment

• The right to be paid a fair wage

• The right to work for a limited amount of time each day

• The right to receive paid leave

• The right to be treated equally and fairly by the employer

The functions of trade unions

• Negotiate with employers for decent working conditions, remuneration and benefits for employees in order to improve their standard of living.

• Negotiate recognition of the union and the shop stewards by the employer.

• Represent the employees in meetings and disputes with employers.

• Protect employees from discrimination and abuse.

• Protect employees from unfair labour practice and unfair dismissal.

• Inform employees of their rights and how to enforce these rights.

• Take legal action on behalf of members when necessary.

Rights of trade unions

• The right to enter business premises to recruit members.

• The right to conduct elections among members

• The right to collect membership fees from members, which can be deducted from workers’ salaries or wages

• The right to represent and assist members during a disciplinary proceeding

Roles and responsibilities of trade unions

• Trade unions negotiate with businesses about workplace issues.

  • Examples of issues are wage increases, working hours, safety at the workplace, unfair treatment and duties of workers and employers.

• These negotiations are called collective bargaining because the trade unions negotiate on behalf of the workers as a group.

  • Collective bargaining is good for workers because it gives them power by standing together.

• In South Africa the law allows workers to go on strike if they cannot reach an agreement with an employer.

  • For a strike to be legal the trade union must follow a strict procedure.

    • They first take part in conciliation.

      • Conciliation is when someone from outside the organisation tries to help opponents to agree.

    • If this fails, there is a waiting period.

    • After that they must give formal notice that they plan to strike.

  • Workers who go on an illegal (unprotected) strike can be fired.

  • Workers on a legal (protected) strike cannot be fired for not going to work, but the employers have the right to say, ‘no work no pay’.

The effect of trade unions on businesses

• The trade union usually appoints one or more workers as shop stewards to act as the union’s representatives.

  • Shop stewards recruit new members for the union and communicate with the managers on behalf of the workers.

  • The law requires businesses to allow shop stewards time off to attend trade union meetings.

• The Labour Relations Act gives workers and their trade unions the right to form, join and take part in a trade union.

• The right to settle disagreements with their employers through an independent third party, the Commission for Conciliation Mediation and Arbitration (CCMA)

Strikes

• A strike is when employees within a certain industry organise themselves into a group and refuse to work.

• It is a form of organised protest, usually in an attempt to have their demands met by their employer.

  • The demands can be about remuneration, conditions of employment, potential job losses or dissatisfaction with management.

• A protected or legal strike takes place when the requirements of the Labour Relations Act are met.

  • This requires negotiation with the employer, followed by referral to the CCMA.

  • If negotiations are unsuccessful after 30 days, protected strike may take place.

  • Employees may not be dismissed or retrenched during a protected strike, but employers do not have to pay the employees

Go slows

• It is a form of industrial action in which work or progress is deliberately delayed or slowed down.

• It is a form of protest to reduce the company’s productivity or efficiency.

Lockouts

• It is when the employers keep their employees from their workplace until certain terms of a negotiation are agreed upon.

• Employers must give its employees at least 48 hours written notice that it intends to lock the employees out.

• Employers use a lockout when employees are on strike in order to ensure the safety of their premises, equipment and anybody who is still working.

Trade Union Examples

• The Congress of South African Trade Unions (COSATU)

• National Union of Mineworkers (NUM)

• South African Democratic Teachers’ Union (SADTU)

• National Professional Teachers Organisation of South Africa (NAPTOSA)

• FOOD AND Allied Workers Union (FAWU)

• South African municipal Workers Union (SAMWU)

• South African Transport and Allied Workers Union (SATAWU)