Orientador: Cláudio Henrique de Moraes Batalha / Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas / Made available in DSpace on 2018-08-26T20:56:22Z (GMT). No. of bitstreams: 1 Guerra_CaioCesardaSilva_M.pdf: 1940289 bytes, checksum: e4eeac6c4c16b726049676b192b4c1d0 (MD5) Previous issue date: 2015 / Resumo: A historiografia do trabalho tem analisado a relação entre o "velho" e o "novo" sindicalismo há pelo menos duas décadas, relativizando a ideia de ruptura total entre o movimento sindical do pré-1964 e aquele que teria surgido no final dos anos 1970, especialmente no que diz respeito a suas estratégias de organização e de luta. Esses historiadores têm demonstrado a existência de significativas continuidades entre um momento e outro do sindicalismo brasileiro e desconstruído a imagem negativa sobre o "velho" sindicalismo, em grande medida, associada a seu vínculo com o PCB e às disputas políticas no campo da esquerda durante os anos 1980. Essas análises trataram, sobretudo, dos casos de São Paulo, do ABC e do Rio de Janeiro, mas, em geral, pouco se dedicaram ao período do chamado "novo sindicalismo" e/ou ao caso de categorias de trabalhadores fora de seu epicentro e caso paradigmático, o ABC. Com o objetivo central de compreender a singularidade do chamado "novo sindicalismo" no caso dos metalúrgicos de São José dos Campos, este trabalho investigou as trajetórias, formas de organização e de luta dessa categoria entre meados dos anos 1950 e o final da década de 1980. Esses trabalhadores foram protagonistas de uma importante greve em março de 1979, que transformou consideravelmente a história de seu sindicato, até então dirigido pelos chamados "pelegos". Durante os anos 1980, ao contrário das décadas anteriores, ondas grevistas tomaram as fábricas metalúrgicas e os trabalhadores empregaram repetidamente a tática de ocupação dos locais de trabalho até concretizarem suas reivindicações. Além das particularidades desse sindicalismo, investigou-se a atuação de organizações de esquerda entre os metalúrgicos da cidade e suas disputas pelo sindicato, notadamente entre a Articulação e a Convergência Socialista (CS), então correntes internas ao Partido dos Trabalhadores (PT). Buscou-se, finalmente, compreender como se tornou possível a vitória da CS nessa disputa contra o grupo majoritário de um PT que crescia substancialmente na sociedade brasileira. Essa vitória pode ser considerada o início da hegemonia da CS ¿ posteriormente Partido Socialista dos Trabalhadores Unificado ¿ na direção do Sindicato dos Trabalhadores Metalúrgicos de São José dos Campos e Região / Abstract: Labor historiography has analyzed the relations between "old" and "new" unionism for at least two decades and has put in question the idea of a complete rupture setting apart the union movement before the 1964 military coup and the one emerging in the late 1970¿s, above all concerning its strategies of organization and striking. Those historians have showed significant continuities among these two moments in brazilian unionism and have contested the negative image of the "old" unionism, often related to its connection with Brazilian Communist Party (PCB) and the political disputes in the left wing during the 1980¿s. However, those analyses focused, above all, the case studies of São Paulo, ABC, Rio de Janeiro and didn't pay the same attention to the so called "new" unionism period and/or the working branches out of its epicenter and paradigmal case, the ABC. In order to understand the singularity of the so called "new unionism" in the case of the metalworkers of São José dos Campos, this dissertation has explored its¿ trajectories, forms of organizing and striking between the middle 1950¿s and the end of the 1980¿s. These workers were the actors of an important strike in March 1979, which transformed considerably its¿ union history, until then heads by the so called "pelegos". During the 1980¿s, contrasting with the previous decades, striking waves took control of the plants as this workers used repeatedly the workplace¿s occupation tactic until their demands were complied. Beyond these peculiarities, this work examined the left wing organization¿s roll among the metalworkers and its contest for the union, mostly opposing two factions inside the Worker¿s Party (PT): Articulation and Socialist Convergence (CS). Finally, it was also inquired how CS has won this dispute against the major group in a PT that was growing substantially in brazilian society. This victory may be considered the beginning of CS¿s hegemony ¿ afterwards the Unified Workers¿ Socialist Party (PSTU) ¿ on the lead of the Metalworkers Union of São José dos Campos (SMSJR) / Mestrado / Historia Social / Mestre em História

Southwest Washington labor history has received little examination by scholars. Focusing mainly on Seattle, Everett, Centralia, and Spokane, historians view Southwest Washington, a traditionally conservative community, to be of little importance in the state's overall historical narrative. This thesis corrects that assumption and the omission of Southwest Washington. The failure of the unionization effort in Camas impacted organization in Pacific Northwest paper mills for nearly a decade. Although workers failed to sustain their union, the events in Camas between 1913 and 1918 present an excellent new laboratory and case study to explore the intersection of gender, labor, and politics. Despite rough edges and sometimes missing voices within the extant record of the time, this thesis suggests the potential for historians to dig deep into the archives, produce original scholarship, and tell a forgotten story. This work is also ambitious, striving to examine the role gender, labor, and leftists' politics played in the paper mill city of Camas and Washington State. Chapter one examines the first-ever strike of forty women in the Camas bag factory. Chapter two explores the organization of the mills' first union. Chapter three accounts for the rise and fall of the town's only Socialist mayor. Each of these chapters alone could be the topic of a single study and each involves a particular segment of historical scholarship. The chapters are layered and refer to each other, with layers of context added in each one. The themes of this thesis also orbit around a fight over meaning and historical memory. My research shows that during the tumultuous social, economic, and political events from 1913 to 1918 there was an active erasure and forgetting of people and events. These silencings amid a major uproar in a "labor village" partly accounts for the thinness of the archives and the haunted, subjugated quality of the memory of working peoples' activism in Camas. I suggest that labor, management, and the political establishment were all invested in a particular mythos of Camas as a "labor village." Camas was, and is, a company town and "labor village." Camas had a face-to-face quality to its social relations and members of the community felt pressure to maintain this quality, sometimes in opposition to "outside" voices. This scenario put special demands on the people involved with organizing and activism, as they functioned without the big city anonymity of Seattle or Portland. The Camas story is shorter, more concentrated, and more intimate than the stories of these large urban centers. The brief moment of change around the war strained the fraternal bonds of the town. The pain and injury of this strain in Camas were rhetorically covered and hidden. Most of the residents either never spoke of what happened or willed themselves to forget. The memory and knowledge of the events remain to this day imprisoned within their minds and town. This work intends to, after nearly a hundred years, bring back the memories and question the story told about Camas and about ourselves.

MA.CRM / Department of Criminal Justice / The policing response to increasing violent community violent protests in South Africa has received global attention in the last decade. The study was conducted with a backdrop of increased concern over skirmish and sporadic fighting and violence during service delivery protests. Criticisms have been voiced by various role-players in violent protests concerning arrests, injuries and killing of civilians by police during these demonstrations. Hence the study aims to evaluate the effectiveness of POP strategies in curbing common acts of violence during violent protests particularly in Vuwani area of Vhembe District, Limpopo Province. The study adopted a mixed methods (qualitative and quantitative method). Purposive sampling was used to select POP officials wherein Focus Group Discussions (FGD) were conducted in 9 difference POP units, each FGD was comprised of approximately 5 members which total to 45 POP members. A total of 200 questionnaires were randomly distributed to community members of Vuwani within 5 were found invalid. Quantitative Data was analysed using Statistical Package for Social Science (SPSS) and qualitative data was analysed using thematic analysis. The findings indicated that (86,2%) of participants believed that Vuwani protest was caused by municipal demarcation issues. The favourite methods of protests include littering with (80,0 %) and burning tyres with (76,4%) of participants. A total of (52,8%) community members argued that police presence perpetuate violence during service delivery protest. Common crimes that occurred during the protests was vandalism with (82,6%) and arson with (81,0%). Furthermore, (83,6%) community members agrees that rubber bullets was used as a strategy by the police at Vuwani protests. The overwhelming majority of participants with 80,0% believe that negotiation during protests can curb death and injuries. On the other hand, the study finds that POP official strategies start by negotiating with the protestors, identifying the leader, use of water cannon, tear gas and rubber bullets as the last resort. Further emphasized that lack of manpower and resources are barriers that hinders effective policing of violent service delivery protests. It is therefore recommended that provision of resource and recruitment of manpower should be taken as a first priority by the SAPS national office. Lastly, the public should be educated about police presence during violent service delivery protests. / NRF

This dissertation is a critical analysis of the provisions of sec 64(l)(b) and (c), 66(2)(b) and 77(l)(b) and (d) of the Labour Relations Act 66 of 1995 which prescribe notice of industrial action as a requirement of protected industrial action in South Africa. It traces the historical background of the requirement. It also addresses issues such as the purpose(s) of the notices, their scope of application, meaning, implications, who must give notice, to whom must notice be given, timing, computation, their duration, the consequences of failure to comply with them and various potential difficulties in the practical application of the notice requirement as well as the unintended consequences flowing from the provisions. Recommendations are made for the amendment of the Act in certain respects. The dissertation concludes that there is no justification for the inclusion in the Act of this requirement. The law is stated as at 30 September 2005. / Jurisprudence / LL.M.

Text in Afrikaans / In hierdie studie is gepoog om die sogenaamde "reg om te staak" aan die hand van nasionale en internasionale invloede te ontleed. Dit is veral die International labour Organisation se voorstelle wat 'n invloed gehad het om die Suid-Afrikaanse reg in lyn met die internasionale posisie te bring. Daar word egter gewys op die beperkinge van die reg om te staak, byvoorbeeld in die geval van noodsaaklike dienste en staatsdiensamptenare. Vervolgens is die Suid-Afrikaanse stakingsreg onder die loep geneem en is daar gekyk na die gemene reg, statutere reg en die gevolge van 'n staking. Die Suid-Afrikaanse reg is toe vergelyk met 'n aantal ILO-beginsels. Die moontlike invloed van die Grondwet, 200 van 1993 op die arbeidsreg is bespreek. Die ·studie konkludeer dat, alhoewel daar nie 'n absolute reg om te staak is nie, sodanige reg onder sekere omstandighede erken moet word. / The aim of the study was to analyse the so-called "right to strike" by looking at national as well as international influences on the subject. The suggestions by the International labour Organisation in particular had an influence on changing the South African position. The limitations on the right to strike were also scrutinized. The South African strike law was discussed. The common law position, statutory law as well as the consequences of a strike were analysed. The South African position was also compared with a few llO principles. The possible influence of the Constitution, Act 200 of 1993 on labour law was discussed. The study concluded that, althot:.Jgh there is not an absolute right to strike, such a right must be recognized in certain circumstances. / Mercentile Law / LL. M.

This dissertation is a critical analysis of the provisions of sec 64(l)(b) and (c), 66(2)(b) and 77(l)(b) and (d) of the Labour Relations Act 66 of 1995 which prescribe notice of industrial action as a requirement of protected industrial action in South Africa. It traces the historical background of the requirement. It also addresses issues such as the purpose(s) of the notices, their scope of application, meaning, implications, who must give notice, to whom must notice be given, timing, computation, their duration, the consequences of failure to comply with them and various potential difficulties in the practical application of the notice requirement as well as the unintended consequences flowing from the provisions. Recommendations are made for the amendment of the Act in certain respects. The dissertation concludes that there is no justification for the inclusion in the Act of this requirement. The law is stated as at 30 September 2005. / Jurisprudence / LL.M.

Text in Afrikaans / In hierdie studie is gepoog om die sogenaamde "reg om te staak" aan die hand van nasionale en internasionale invloede te ontleed. Dit is veral die International labour Organisation se voorstelle wat 'n invloed gehad het om die Suid-Afrikaanse reg in lyn met die internasionale posisie te bring. Daar word egter gewys op die beperkinge van die reg om te staak, byvoorbeeld in die geval van noodsaaklike dienste en staatsdiensamptenare. Vervolgens is die Suid-Afrikaanse stakingsreg onder die loep geneem en is daar gekyk na die gemene reg, statutere reg en die gevolge van 'n staking. Die Suid-Afrikaanse reg is toe vergelyk met 'n aantal ILO-beginsels. Die moontlike invloed van die Grondwet, 200 van 1993 op die arbeidsreg is bespreek. Die ·studie konkludeer dat, alhoewel daar nie 'n absolute reg om te staak is nie, sodanige reg onder sekere omstandighede erken moet word. / The aim of the study was to analyse the so-called "right to strike" by looking at national as well as international influences on the subject. The suggestions by the International labour Organisation in particular had an influence on changing the South African position. The limitations on the right to strike were also scrutinized. The South African strike law was discussed. The common law position, statutory law as well as the consequences of a strike were analysed. The South African position was also compared with a few llO principles. The possible influence of the Constitution, Act 200 of 1993 on labour law was discussed. The study concluded that, althot:.Jgh there is not an absolute right to strike, such a right must be recognized in certain circumstances. / Mercentile Law / LL. M.

This thesis aims to open up the realm of what counts as political in the context of the Marikana strikes and subsequent massacre. It does primarily by taking into account the social, political and cultural context of Mpondo workers on the mines. Many narrow Marxist and liberal frameworks have circumscribed the conception of the ‘modern’ and the ‘political’ so much so that political organisation which falls outside of this conceptualisation is often regarded as ‘backward’ or ‘archaic’. It will provide an examination of the history, culture and custom of men, who have, for almost a hundred years migrated back and forth between South African mines and Mpondoland. This not only reveals differing modes of organising and engaging in political action, but also that the praxis of democracy takes many forms, some of which are different and opposed to what counts as democratic in Western liberal democracy. By considering what I argue, following some of the insights from the Subaltern Studies collective in India, to be a subaltern sphere of politics and history, it is possible to better understand the way workers organised and acted. The thesis also argues that most labour and nationalist historiography has been silent on the political contributions of women because of how Marxist/liberal analysis frames struggles through disciplined notions of work and resistance. Rather than objectifying workers as representatives of a homogenous and universal class of people devoid of context, the thesis has linked ‘the worker’ to the community from which s/he comes and community specific struggles, which are supported and sustained, often, by the parallel struggles of women in the community.

The effective management of a strike is generally a challenging phenomenon which impacts on employers, employees and the general public. The main purpose of this study was to analyse the legal implications of employees’ participation in an unprotected strike. The study also explored requirements for a strike to be protected in compliance with the prescribed legislation. From the literary review, cases and legislation, it became clear that compliance plays a key role when a consideration is taken by employees to take part in a strike during dispute resolution. In analysing the legal consequences for participating in an unprotected strike, a finding was made that employers in the end have an upper hand in that when all due processes and procedures are followed, they are empowered to dismiss employees. Legislation and international standards form the cornerstone upon which dispute resolution mechanisms and the rights of employers and employees are derived from. / Mercantile Law / LL.M. (Labour law)

The advent of a political democracy in South Africa in 1994 generated hope for a better life for all South Africans especially those marginalised during the apartheid era. The newly formed democratic government was confronted with the mammoth task of expounding and decreeing policies and processes that would warrant equality and equity in the provision of basic services to its citizens. Local government being the third sphere of government and which is closest to the people was entrusted with the responsibility of rendering basic services to its people as well as to address the backlogs that have accumulated during the apartheid era as depicted in the 1996 Constitution. Despite the efforts made by government to meet the requirements of the people in providing them with adequate basic services such as clean water, electricity, roads housing and refuse removal, these services were either not provided at all or it was done at a snail‟s pace. This led to widespread service delivery protests. In light of the above, this empirical study investigates the causes of the service delivery protests in City of Johannesburg (CoJ) from 2009 until 2014. Numerous studies have been pursued to examine the reasons and causes for service delivery protests and the conclusions derived is the slow pace of providing electricity, water and sanitation to the local communities. It therefore can be deduced that no democracy can subsist and prosper if citizens are still living in deprivation and in a state of discrimination and unemployment without them having visions for a better life. The manifestation of service delivery protests is thus a risk to South Africa‟s young democracy and its sustainability, which cannot be ignored. The findings of this study clearly revealed that communities in the CoJ are discontented and disgruntled because of, amongst other things, the lack of delivery of basic services, the deployment of cadres to municipal management positions, the abuse of the tendering system, nepotism and favouritism, which have negatively affected service delivery. / Public Administration and Management / M. Admin. (Public Administration)