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KEY CHALLENGES FACING COLLECTIVE BARGAINING IN SOUTH AFRICA AND THOUGHTS ON ADDRESSING THEM
PRESENTATION TOUNIVERSITY OF WITWATERSRAND
LLM CLASS OF 2015 3 1 S T O C T O B E R 2 0 1 5
TYPICAL BARGAINING PROCESS
EXCHANGINGDEMANDS
NEGOTIATION MEETINGS
DISPUTE REFERRAL
INDUSTRIAL ACTION
MANDATING
COLLECTIVEAGREEMENT
EMPLOYERS
TRADE UNIONS
STATUTORYCONCILIATION
OBTAINING MANDATES
DEADLOCK
LENGTHY WAGE NEGOTIATION PROCESSES
PROTRACTED INDUSTRIAL ACTION
VIOLENCE AND INTIMIDATION INCREASING LEGAL AND
SOCIETAL CHALLENGES TO NEGOTIATED OUTCOMES
ESCALATING LABOUR MARKET CONFLICT
EXTREME CONSEQUENCES
SYMPTOMS OF DYSFUNCTIONALITY
SOURCES OF DYSFUNCTIONALITY
ENVIRONMENTRELATED
BUSINESSRELATED
LABOURRELATED
RELATIONSHIP AND PROCESS
RELATED
ABSENCE OF AN
AGREED STANDARD TO INFORM
WAGE DEMANDS
AND OFFERS
KEY CHALLENGES
REJECTION OF
BARGAINING
OUTCOMES
OVER-RELIANCE ON LEGAL
AND STATUTORY MEASURES
INEFFECTIVE
INTERACTION AND
NEGOTIATION
PROCESSES
STAKEHOLDER
RELATIONAL DYNAMICS
VIOLENCE AND
INTIMIDATION
ASSOCIATED WITH
INDUSTRIAL ACTION
GROWING NETWORK
OF FINANCIAL DEPENDEN
CE
MERGING OF
WORKPLACE AND
SOCIO-ECONOMIC
ISSUES
LOW TRADE UNION
DENSITY
THOUGHTS ON ADDRESSING THE CHALLENGES
Accelerate
delivery on the
social wage –
education, health
services, social
development,
public transport,
housing and local
amenities
Move towards a
collective bargaining
construct predicated on
inclusivity
Agree on a
standard to inform
wage demands
and offers at
national, sectoral
or enterprise level.
Address the
violence and
intimidation
problem holistically
Augment statutory
dispute resolution
framework to
include alternatives to
industrial action
e.g. Interest
Arbitration
Overhaul bargaining
paradigm and
practice
What else?