Thesis (Ph. D.)--Columbia University, 1941. / Vita. Bibliography: p. 265-272.

Student Number : 0376246 - PhD thesis - School of Humanities - Faculty of Arts / This thesis examines the building of power and how workers’ control and union independence augmented or detracted from this process in the National Union of Metalworkers and its predecessors from the 1980s to the mid 1990s. These unions aimed to accrue power to improve both their members’ working conditions and to effect political and economic transformation. In this process the building of non-racial national industrial unions that cut across the ethnically constituted state, the promotion of workers’ control, and political independence from formal political organisations were central. This thesis demonstrates how Numsa and its predecessors overcame obstacles to the accrual of power and scrutinizes reasons for failures in achieving pivotal ideological goals. In the early 1980s Numsa’s predecessors constructed greater degrees of democratic organizational and bureaucratic power. The formation of Numsa in 1987 allowed for the further construction of an efficient bureaucracy to support organizational and bargaining activities. It successfully forged national bargaining forums and built hegemony across the industry. In 1993 Numsa adopted a programme through which it hoped to restructure its industries in the transitional period leading up to a new democracy. It failed however to successfully implement the programme in its entirety. Tensions emerged in union goals as membership remained focused on increased wages whilst leadership was attempting to restructure industry, enhance worker skills and augment workers’ control in the workplace. In the political sphere Numsa was largely unable to effect a deeper infusion of its socialist leanings. Though Numsa and other Cosatu unions made an important contribution to the birth of a non-racial democracy, the capitalist state succeeded in demobilizing the trade unions in their pursuit of more fundamental systemic change. By the time Numsa produced the concept of a Reconstruction Accord, later developed into the Reconstruction and Development Programme (RDP), the space to popularise a socialist perspective had been considerably reduced. Although Numsa forewent its early `party autonomous` position when Cosatu entered the ANC/SACP alliance, this was clearly far from a `state ancillary` stance. Though labour had won the right to be consulted in Nedlac and the right to strike, the possibility of dissent being diverted into bureaucratic chambers existed with a consequent loss of militant, strategic and ideological focus. Key words: trade union power, workers control, trade union independence, National Union of Metalworkers of South Africa (NUMSA), National Automobile & Allied Workers Union (Naawu), Metal & Allied Workers Union (Mawu), Motor Industry Combined Workers Union (Micwu), post 1980 metal unions, metal union politics, metal union bargaining, metal union organisation, trade union alliances, trade unions and violence

Section 23(5) of the Constitution entrenches trade unions, employer's organisations and employers' right to engage in collective bargaining. For employees, collective bargaining is the key which opens the door to better wages, improved working conditions and an overall better standard of living to name but a few. The Labour Relations Act was promulgated to give effect to section 23 of the Constitution. However, in section 2 of the Labour Relations Act, members of the South African National Defence Force were excluded from the ambit of the Labour Relations Act (LRA). After the Constitutional Court regarded members of the South African National Defence Force (SANDF) to be "workers", they also had the right to engage in collective bargaining. However, because of the special duty that the members of the SANDF have to fulfil namely to ensure the safety of the republic and its citizens, they are not awarded the right to strike. The question therefor is: How do the members of the SANDF compel the SANDF to bargain with them? The aim of this study is to establish if a duty to bargain was implemented by Chapter XX of the General Regulations of the South African National Defence Force and the Reserve. Firstly, the new dispensation of voluntarism under the new LRA is examined to understand how collective bargaining would work in a normal situation and not that of the members of the SANDF. Freedom of association is also discussed. The reason for this was because members of the SANDF also have to right to associate with a trade union of their choice by sections 18 and 23(2) of the Constitution. Under the new LRA, organisational rights also play a major role in the bargaining process and afford trade unions more bargaining power. The voluntarist approach followed by the new LRA effectively removed the duty to bargain from collective bargaining. As explained above, the special situation applicable to the SANDF and its members are not governed by the LRA and therefor a duty to bargain might still exist in this specific system of collective bargaining managed by the regulations. The duty to bargain is based on representativeness and good faith which are also examined in this study. To establish if a duty to bargain was created by the courts, an examination of the judgements of the High Court, the Supreme Court of Appeal and the Constitutional Court. The Constitutional Court reiterated that there is no legally enforceable duty to bargain between the SANDF and the South African National Defence Union (SANDU). If Chapter XX of the regulations is scrutinised, it can however be seen that there is an initial duty on the SANDF to bargain with a registered military trade union over matter set out in regulation 36 which include most if not all matters of mutual interest. Therefor it would seem that a duty to bargain is created by Chapter XX. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2014

Section 23(5) of the Constitution entrenches trade unions, employer's organisations and employers' right to engage in collective bargaining. For employees, collective bargaining is the key which opens the door to better wages, improved working conditions and an overall better standard of living to name but a few. The Labour Relations Act was promulgated to give effect to section 23 of the Constitution. However, in section 2 of the Labour Relations Act, members of the South African National Defence Force were excluded from the ambit of the Labour Relations Act (LRA). After the Constitutional Court regarded members of the South African National Defence Force (SANDF) to be "workers", they also had the right to engage in collective bargaining. However, because of the special duty that the members of the SANDF have to fulfil namely to ensure the safety of the republic and its citizens, they are not awarded the right to strike. The question therefor is: How do the members of the SANDF compel the SANDF to bargain with them? The aim of this study is to establish if a duty to bargain was implemented by Chapter XX of the General Regulations of the South African National Defence Force and the Reserve. Firstly, the new dispensation of voluntarism under the new LRA is examined to understand how collective bargaining would work in a normal situation and not that of the members of the SANDF. Freedom of association is also discussed. The reason for this was because members of the SANDF also have to right to associate with a trade union of their choice by sections 18 and 23(2) of the Constitution. Under the new LRA, organisational rights also play a major role in the bargaining process and afford trade unions more bargaining power. The voluntarist approach followed by the new LRA effectively removed the duty to bargain from collective bargaining. As explained above, the special situation applicable to the SANDF and its members are not governed by the LRA and therefor a duty to bargain might still exist in this specific system of collective bargaining managed by the regulations. The duty to bargain is based on representativeness and good faith which are also examined in this study. To establish if a duty to bargain was created by the courts, an examination of the judgements of the High Court, the Supreme Court of Appeal and the Constitutional Court. The Constitutional Court reiterated that there is no legally enforceable duty to bargain between the SANDF and the South African National Defence Union (SANDU). If Chapter XX of the regulations is scrutinised, it can however be seen that there is an initial duty on the SANDF to bargain with a registered military trade union over matter set out in regulation 36 which include most if not all matters of mutual interest. Therefor it would seem that a duty to bargain is created by Chapter XX. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2014

Français : Partant de la question du renouvellement de la main-d’œuvre québécoise, ce mémoire s’intéresse aux salariés professionnels des organisations syndicales québécoises. Ces dernières se sont dotées d’un important salariat professionnel dont le renouvellement en cours ou à prévoir suppose des défis importants, notamment à propos de la transmission de la culture organisationnelle. Ainsi, ce mémoire portera sur la socialisation des salariés professionnels des organisations syndicales québécoises à partir de quatre études de cas (FTQ, Syndicat des Métallos, CSN et FIQ). Il sera notamment question des pratiques de gestion de personnel de ces organisations liées au transfert de la culture, soit les pratiques de socialisation et de recrutement, de la formalisation de ces pratiques et de leur contrôle. Les résultats permettent de mettre en évidence les rapports entre la structure administrative des organisations syndicales et le modèle de socialisation des salariés professionnels nouvellement embauchés y ayant cours. De plus, bien que la tendance va en s’amplifiant, les pratiques de socialisation, à l’instar des autres pratiques de gestion de personnel en milieu syndical, demeurent peu formalisées. Enfin, les résultats permettent également de constater que le contrôle des dirigeants syndicaux sur la transmission de la culture aux professionnels est relativement faible comparativement à celui des pairs. / English : In the larger question of staff renewal in Québec, it is interesting to tackle more specifically union staff renewal. The union organizations are in the process or will soon be largely hiring new appointed staff, which will be a challenge in terms of organizational culture transmission. This memoir will research into the socialization of the appointed staff of Québec’s unions based on four case studies: the FTQ, Syndicat des Métallos, CSN and FIQ. The question of culture transfers in the personnel management practices of these organizations will be tackled by studying hiring and socialization practices, and the formalization and control of these practices. The results of our studies bring forth a link between administrative structure in the studied unions and the way the newly hired appointed staff are socialized. Even if there is a slight increase in the socialization practices’ formalization, on the whole, like in other practices of personnel management in union organizations, the formalization is minor. Moreover, our studies also show that the union leaders’ hold on culture transmission is minimal compared to the peers’.

La mondialisation de l’économie modifie les rapports sociaux. Face au poids grandissant des firmes multinationales, les organisations syndicales s’organisent au niveau international. De nouvelles stratégies de contre-pouvoir émergent dont les accords transnationaux d’entreprise ou de groupe sont le fruit. Résultats d’une négociation spontanée entre des acteurs dont la légitimité reste à prouver, ces accords aménagent les rapports sociaux dans les entreprises et les groupes à caractère transnational et édictent des règles de travail pour les salariés qui les composent, voire au-delà. D’abord envisagés comme de simples déclarations d’intention assurant, par-delà les frontières, la promotion des droits fondamentaux au travail, leur contenu se précise et engage plus fermement leurs signataires. Un cadre juridique propre s’impose. A défaut, ils seront régis selon le cadre national de réception. Malgré ces incertitudes, les signataires s’organisent conventionnellement pour donner effets aux accords. Des clauses spécifiques assurent leur mise en oeuvre et leur suivi. Pourtant le silence demeure sur les effets juridiques réellement produits. Dès lors, une certaine insécurité questionne les parties qui appellent parfois à la définition d’un cadre international de réception pour en définir les règles de conclusion, la portée et les recours envisageables en cas de violation. / The economic globalization changes the social relations. To face this growing importance of multinational firms, global unions get organized at international level. New strategies against this emerging power include the conclusion of international and European framework agreements. Result of a spontaneous negotiation between actors whose legitimacy remains to be seen, these agreements adjust any social relationships in transnational companies and groups and lay down rules for employees who work for the up, and beyond. First seen as mere declarations of intention promoting the Fundamental rights at work beyond borders, their content is taking shape and commitments are stronger for signatories. A legal framework is needed. Otherwise, agreements will be governed by the national legislations. Despite these uncertainties, signatories conventionally organize effects of their agreements. Specific provisions ensure their implementation and monitoring. Yet the silence remains on the legal effects actually occurred. Therefore, some insecurity questions the parties that sometimes ask for an international framework of reception to define the rules of conclusion, the scope of the agreement and possible remedies for violations.

Thesis (M. Tech. (Labour Relations Management)--Vaal University of Technology / When the South African authorities decided, in the 1970's, to recognize statutorily other Black workers who were engaged in other spheres of employment as employees, domestic workers were excluded from all Industrial Legislation. This resulted from the fact that domestic work, as an occupation, had been excluded from the definition of an employee. It is estimated that over one million people are engaged in this service, comprising eleven percent of overall employment in the informal sector of the South African economy. This significantly large sector of the labour market performs its work under some of the most oppressive working conditions and such exploitation is unchallenged, as it has been noted that some domestic workers do not sign contracts of employment with their employers on appointment, which can lead to insecurity in the domestic worker sector. The purpose of this research was to determine the efficiency of the contract of employment and its effect on the job security of domestic workers. Through a theoretical foundation, a number of studies have advocated that the contract of employment can be trusted to be the perfect instrument in securing jobs in the domestic sector. A survey was carried out for measuring job security. The research instruments used for data collection from 203 domestic workers, were interviews and questionnaires. The SPSS program was used to analyze the data. The results of the empirical study are presented and discussed in detail. Findings of this study revealed, that the majority of domestic workers don't have contracts of employment while a very small percentage of domestic workers do have contracts. Conclusions drawn, indicated that domestic workers who have signed contracts, enjoy reasonable conditions of employment and employment benefits than those without contracts. Recommendations based on this study are that the government encourages a very strong Trade Union Movement in the domestic sector services. The Commission for Conciliation Mediation and Arbitration (CCMA) and/or the Department of Labour facilitates annual workshops for employers of domestic workers. The CCMA, Trade Unions and/or the Department of labour facilitate training programmes for domestic workers. The government makes it a binding norm, for every employer in the domestic sector, to conclude a contract of employment with his/her domestic worker and furnish such employee with a copy of the contract, regardless of the nature of services rendered by employee. Ongoing research on many aspects of domestic workers will enhance better conditions of employment in making the lawmakers aware of other hidden agendas that require attendance in the domestic sector.

L'économie chinoise a connu une croissance économique importante depuis 30 ans, mais celle-ci n'a pas bénéficié aux travailleurs chinois, qui supportent toujours des conditions de travail très éprouvantes, avec un niveau de protection très insuffisant. Pourquoi les travailleurs chinois ne profitent-ils pas de ce développement économique ? Les causes sont multiples : outre le facteur démographique, la recherche prioritaire des intérêts économiques constitue la raison principale. Pourquoi faut-il améliorer la protection des travailleurs en Chine ? Et par quels moyens cette amélioration peut-elle se produire ? La thèse montre, d'une part, l'évolution et les mouvements de la classe ouvrière dans l'histoire chinoise, en comparant sa situation avant et après 1949, et les raisons, historiques et politiques, qui ont conduit le gouvernement chinois à négliger la protection des travailleurs, bien que ces derniers aient bénéficié d'une place privilégiée dans le système communiste. D'autre part, sont envisagés les moyens, politiques et législatifs, pour initier l'amélioration de cette protection. Pour cela, une réforme politique serait la solution radicale, impliquant une démocratisation à long terme et mettant l'accent sur la protection des droits de l'homme, et sur les droits des travailleurs en particulier Ce qui suppose notamment que soit garantie l'indépendance des syndicats. La protection des travailleurs est donc indissociable de la construction de l'Etat de Droit. / Chinese economy has made significant progress for more than thirty years, but the Chinese laborers still benefit very little from the economic growth, who have to endure difficult working conditions with insufficient working protection. Why can the Chinese laborers not profit from the economic development? The pursuit for the economic interests as the highest priority is the main cause in addition to a large population. Why must the laborers' working protection be improved? By what means can this working protection be improved? This paper describes the history of the development of Chinese working class and workers' movement, especially the difference between before and after 1949 and analyzes the reasons why the Chinese government ignored the workers' protection from the point of history and politics, even the working class has preferential position in the Communist system. On the other, it analyzes the ways to improving the laborers' protection from the political and judicial points of view. In the long term, the political reform is the fundamental approach, which means the democracy and the protection of human rights, especially protecting the legitimate rights and interests of workers, which requires guaranteeing the independence of trade unions. The protection of workers' rights cannot be separated from the realization of a state under the rule of law as well.

Syftet med studien var att undersöka upplevelsen av work-life balance bland ombudsmän vid ett fackförbund beläget i Mellansverige. Studien utgick från en kvalitativ metod genom semistrukturerade intervjuer med 10 respondenter. Resultatet analyserades genom en induktiv tematisk analys som genererade tre huvudteman; Personliga förutsättningar, Flexibla arbetsarrangemang och arbetsbelastning samt Rollen som ombudsman. Resultatet påvisade att majoriteten av respondenterna upplevde att de hade en god work-life balance. De menade att arbetslivet och privatlivet inte påverkar varandra i stor utsträckning, men uppgav att de vid ett antal tillfällen framförallt tvingats prioritera åtaganden i arbetslivet. Samtliga respondenter påtalade att deras upplevelse av balans periodvis kan förändras beroende på arbetsbelastning och personliga förutsättningar som familjesituation och erfarenhet av yrket. De menade även att de flexibla arbetsarrangemang och den kultur som präglar ombudsmannarollen har en inverkan på deras upplevelse av balans. / The purpose of the study was to investigate the experience of work-life balance among ombudsmen within a trade union located in the midst of Sweden. The study was based on a qualitative method conducted through semi-structured interviews with 10 respondents. The results were analyzed by an inductive thematic analysis that generated three main themes; Personal circumstances, Flexible work arrangements and work load and The profession of ombudsmen. The result demonstrated that the majority of the respondents felt that they had a good experience of work-life balance. They argued that their working life and private life do not have a major impact on each other but stated that they on numerous occasions primarily had to prioritize commitments in their working life. The respondents expressed that their experience of work-life balance may periodically change due to workload and personal circumstances such as family situation and experience of the profession. They also argued that the flexible working arrangements along with the culture that characterize their profession have an impact on the experience of work-life balance.

A União dos Trabalhadores Gráficos de São Paulo foi o ambiente mais freqüentado pela vanguarda operária durante as décadas de 1920 e 1930. O marco inicial da pesquisa remonta a 1919, ano da fundação permanente da instituição. Surgida pela necessidade de organização da classe operária pós-greve de 1917, a U. T. G. esteve à frente de episódios que colaboraram para que a entidade atingisse o posto de vanguarda do sindicalismo paulista e brasileiro. O cenário sofreria mudanças estruturais com a intervenção do governo nas questões trabalhistas, a partir de 1930. O enfraquecimento sindical independente foi acompanhado de contestações, nos quais estavam envolvidos os trabalhadores gráficos. A vigilância policial empreendida a esses profissionais demonstrava a importância atribuída ao setor. Em 1935, após a explosão revolucionária comunista, os integrantes da vanguarda operária, dentre eles diversos gráficos, foram sistematicamente perseguidos e detidos pelas autoridades policiais como forma de prevenção. Temas como hegemonia, consciência de classe, intelectualidade, repressão, greves, ideologias, imprensa operária, etc., são alguns dos atributos inerentes ao cotidiano desta entidade sindical. Através de fontes antagônicas foram reconstituídos os principais discursos do ambiente sindical gráfico no seu período áureo. / The Graphic Workers Union of Sao Paulo was the place most frequented by the workers avant-garde during the decades of 1920 and 1930. The initial mark of this research is 1919, year of the permanent foundation of this institution. Emerging from the necessity of organization of the working classes after the strike of 1917, the G.W.U. was at the head of episodes that contributed for the group to reach the avant-garde position in the unionism in Sao Paulo and in Brazil. The setting would experience some structural changes, with the intervention of the government in the labor issues, from 1930. The weakness of the independent unions was followed by contestations, in which the graphic workers were involved. The police vigilance dedicated to these professionals demonstrated how much importance they gave to this sector. In 1935, after the communist revolutionary explosion, the members of the workers avant-garde, including many graphic workers, were systematically persecuted and held in custody by the police as a preventive measure. Elements such as hegemony, class-consciousness, intellectuality, repression, strikes, ideologies, and graphic press, among others, are some of the characteristics inherent to the quotidian of this union. The main discourses of the graphic syndical environment in its golden age were reconstituted through antagonistic sources.