Minority trade unions get green light from Constitutional Court to access organisational rights

Workers On Wednesday  10 October
broadcast on SAfm 104-107 and online, Wednesdays at 10 a.m.

Call in number 089 110 4207

For several decades, collective bargaining arrangements between trade unions and employers have operated on a majoritarian system. This simply means that where a trade union has more than 50% membership of a company’s workforce, it had exclusive organisational rights such as access to company premises to meet with members, stop-order facilities for members’ subscriptions, and the right to represent them in legal processes, as well as collective bargaining. This favour to majority unions was codified in the Labour Relations Act of 1995.

However, in a recent case where a new minority union, SACOSWU (South African Correctional Services Workers Union), secured organisational rights within the Department of Correctional Services. The majority union, POPCRU (Police and Prisons Civil Rights Union) objected and the case went all the way to the Constitutional Court which decided in favour of the minority union.

In today’s show we learn more about the case, the rationale for the Concourt’s decision and its implications for collective bargaining in South Africa.

GUESTS

  • Mabu Tjotji - SACOSWU President
  • Richard Mamabolo - POPCRU National spokesperson [could not be contacted]

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