Organised labour continues to play a prominent role in shaping employment relations in South Africa. The individual worker is powerless and in a weaker bargaining position against his employer. The advent of democracy was accompanied by numerous interventions to level the historically uneven bargaining field. The trade union movement has made and consolidated significant gains since the advent of democracy. It however faces a plethora of new challenges, such as the negative forces of globalisation, declining membership (often associated with high levels of unemployment and the changing nature of work from standard to atypical employment), the resurfacing of adversarialism in the bargaining process, and numerous shortcomings inherent in forums established to facilitate corporatism. Business is intensifying its calls for investor-friendly policies, which effectively mean a relaxation of labour policies. The trade union movement faces an enormous task of rebuilding confidence and credibility among its members and at the same time showing some commitment to other social actors, government and business, that it is committed to contribute to economic growth and employment creation. The central focus of this thesis will be to highlight the gains made by the trade union movement, the numerous challenges threatening their existence, and how they have attempted to redefine their role in the face of these challenges. It will attempt to offer advice on how trade unions can continue to play a prominent role in shaping relations of work in South Africa. The study begins with a historical overview of trade unionism in South Africa. It then attempts to establish how trade unions have made use of the institution of collective bargaining, the importance of organisational rights to the trade union movement, the effectiveness of industrial action, and the emerging challenges threatening the vibrancy of trade unions. The overall aim is to assess whether the trade union movement is still a force to be reckoned with and its future role in influencing employment relations in South Africa.

Collective bargaining is the process whereby employees act as a collective unit whilst negotiating terms and conditions of employment with employers. The collective unit typically takes the form of a trade union, mandated by its members to negotiate on their behalf. By negotiating collectively the inherent imbalance of power between employer and individual employee is seen to be neutralised. The process of collective bargaining enjoys legal status in South Africa and around the world. The Industrial Conciliation Act of 1924 institutionalised collective bargaining for the first time in the form of the Industrial-Council system. This sectoral bargaining system stood firm throughout the pre-democracy period but initially excluded non-white employees. Industrial unrest in the 1970s was the catalyst for the Wiehan commission which ultimately brought all employees into the fold. By the dawn of democracy in South Africa the bargaining system enjoyed wide-spread support and legitimacy. This was particularly so amongst the COSATU-led labour movement which enjoyed a position of political strength. This support and strength were reflected in the contents of both the Labour Relations Act and the Constitution which enshrined the constitutional right to engage in collective bargaining. Possibly the most debated aspect of the Council system has been the question of extending agreements to non-parties. Those in favour argue that the Council system cannot function in the absence of extensions. This is so because what would then effectively be a voluntary system would not attract sufficient volunteers. Those against argue that extensions act as a barrier to economic activity, particularly for small and new businesses. Legislation has, since 1924, facilitated the extension of agreements as long as certain criteria are met. Section 32 of the Labour Relations Act is the current extension vehicle. The extension criteria have vacillated over time and especially so in recent history with section 32 being subject to change in every post-democracy amendment to the Act. Possibly the most serious challenge to the extension status quo has come in the form of a constitutional challenge by the Free-Market Foundation. The Foundation advances old economic arguments but links these to an alleged impingement of constitutional rights. The challenge comes at a time when the country is experiencing the most significant socio-political turbulence since democracy. This includes the most enduring strike in our history, a landmark-employer lock-out and a parliamentary facelift. The Metal and Engineering Industries Bargaining Council oversees the biggest manufacturing sector in the South African economy. This status prompted the Council to submit its own responding papers in the Free-Market case. Particularly fascinating is that an employer party to the Council not only supports the Foundation case but has also lodged its own proceedings against the extension of the 2014 Engineering agreement. Both these cases are still pending and the outcomes have the potential to transform the political and economic landscape of our country.

In an attempt to create employment opportunities and uplift economic development, government has embarked on industrial development through arms acquisition. The two major Spatial Development Initiatives namely, the Fish River SDI and the Wild Coast SDI were developed to enhance economic development in the Eastern Cape. The Coega Industrial Development Zone (IDZ) is one of the elements of the Fish River SDI aimed at enhancing economic development through industrial development (Haines & Hosking, 2005). The Coega IDZ is one of government’s initiatives under the Industrial Participation program that has gained a lot of recognition. The Coega project has been under a lot of controversy since its conception and was highly linked to the arms deal as this project consumed most of government funds through the arms procurement program (Haines & Hosking 2005). The study therefore will attempt to address aspects premised in objectives of this study from the viewpoint of trade unions.

A dissertation submitted to the Global Labour University in conformity with the requirements of a MA in Labour Policy and Globalisation, School of Social Sciences, Faculty of Humanities, University of the Witwatersrand, Johannesburg, March 2017 / The relationship between trade unions and their members has been a perennial subject of social inquiry and political debate since the establishment of formal trade unions by skilled artisans in the nineteenth century. This study examines the aspects of union democracy (participatory and representative) in trade unions within the broader concept of social movement unionism. The case study for this research is the National Union of Metalworkers of South Africa (NUMSA) focusing in three locals in the region of Jack Charles Bezuidenhout (J.C Bez) namely: Johannesburg North, Kempton Park, and Tembisa. The main objective of the study is to examine the extent to which NUMSA conformed to principles of social movement unionism against the Michel’s (1915) theory of “the Iron Law of Oligarchy” during the period 2012-2014, when it embarked on a process to withdraw its political alliance with the African National Congress (ANC) and the South African Communist Party (SACP). In 2014, NUMSA was expelled from COSATU after it took its decision to move out from the Tripartite Alliance in 2013. Social movement unionism is characterised by three features which are participatory democracy, forging of alliances (both with civic groups and political parties) while retaining union autonomy, and the broadening of its scope of action beyond workplace politics. While examining the research’s main question, the study also looks at the extent to which union locals participated democratically during this decision-making process, which led to its expulsion from COSATU in 2014, and the focus of NUMSA as an independent union in post-2014 period. Methodological tools, which were used to collect data, include in-depth interviews and desktop research. The theoretical framework utilised in this study stems from Michels’ (1915) concept of the “iron law of oligarchy.” However, it should be noted that, this study tests the claim of the discourse (what Michels’ (1915) postulates in relation to oligarchy in organisations) and the practice on ground in NUMSA. Key findings in this study indicate that NUMSA locals participated democratically in the decision making process that led to their ground breaking political moment in December 2013 when the union broke its alliance with the African National Congress (ANC) and the South African Communist Party (SACP). The union has both characteristics of oligarchy and internal democracy (participatory and representative). In relation to aspects of political unionism and social movement unionism, the study found that NUMSA’s decision to pull out from its political alliance with the ANC and SACP, its call for the establishment for the movement for socialism, and the establishment of a worker’s party, could be indications of the union returning to principles of social movement unionism. However, there are other indicators that the union might be losing the opportunity it had of revitalising its leftist traditions at its 2016 congress in Cape Town. This is evidenced by its non-pursuance of issues relating to eco-socialism and its call to implement the MarxistLeninist style of union governance. / XL2018

Thesis (MBA)--Stellenbosch University, 1998. / ENGLISH ABSTRACT: This study was undertaken with the aim to analyse the social significance of the new Labour Relations Act of the Republic of South Africa, Act 66 of 1995, with special emphasis on workers participation and the impact of the introduction of statutory workers participation on the Industrial Relations System. The Act was implemented on 1 November 1995. The Act provides for the establishment of Workplace Forums. The objective of the research is to examine the impact of the statutory introduction of workers' participation on the South African industrial relations system. The first legal infrastructure of South Africa's industrial relations system was created by the Industrial Conciliation Act of 1924, later to become The Industrial Conciliation Act (No 28) of 1956, and to evolve into The Labour Relations Act (No. 28) of 1956 in 1980. The New Labour Relations Act (No 66) 1995, came into force at the beginning of 1997 with the final passage of The New Constitution 1996. Whereas the old Act with all its amendments imposed a statutory machinery for the resolution of conflict stemming from an adversarial relationship, the new Act presents machinery to the opposite, namely that of deregulation by the State and the promotion of co-operation. In the drafting of the new Act by a task team over nine months only, strong attention was given to the advice of German experts, i.e. the experience of and from a country that led in this particular area after World War II. In fact, certain principles and mechanisms were literally incorporated into Chapter V. If it is considered that Germany received a New Constitution in 1949 and deduced from its Bill of Rights all worker rights in an attempt to transfer the principles of political democracy into the work situation in the form of "Industrial Democracy" by enshrining these progressively into the legislation to this effect, a comparison with South Africa is illuminating. Similarly to Germany in 1949, South Africa received a new democratic constitution in 1995 in the political sphere with a strong influence on the industrial relations system and made its first attempt of legislating for workers' participation by means of ChapterV. / AFRIKAANSE OPSOMMING: Hierdie studie is onderneem met die doel om die sosiale invloed van die nuwe Wet op Arbeidsverhoudinge, Wet 66 van 1995 na te speur, met spesiale klem op werkersdeelname en die impak wat die instelling van statutere werkersdeelname op die arbeidsverhouding sisteem sal he. Die Wet het op 1 November 1995 in werking getree. Die Wet maak voorsiening vir die skepping van Werkplek Forums. Die doelwit van hierdie studie is om die invloed van die statutere instelling van werkplek forums op die Suid-Afrikaanse arbeidsverhoudinge sisteem te ondersoek. Die eerste statutere infrastruktuur van die Suid-Afrikaanse arbeidsverhoudinge sisteem is geskep deur die Nywerheidsversoeningswet van 1924, wat later die Nywerheidsversoeningswet (No 28) van 1956 geword het, en as die Wet op Arbeidsverhoudinge (No.28) van 1956 in 1980 verander is. Met die totstandkoming van die Nuwe Grondwet in 1996 en die politieke demokrasie wat daaruit voortgespruit het, is die Nuwe Arbeidsverhouding Wet (No 66) 1995 aan die begin van 1997 geimplimenteer. Die ou Wet het voorsiening gemaak vir geskiloplossing in 'n teenstrydige klimaat. Die nuwe Wet, daarenteen, maak voorsiening vir deregulering deur die Staat en die insluiting van 'n kanaal van samewerking in die arbeidsverhoudinge stelsel. Met die opstel van die nuwe Wet is daar sterk gesteun op die raad van Duitse kenners wat die nodige ondervinding op hierdie gebied reeds na die Tweede Wereldoorlog in hulle eie land opgedoen het. Duitsland is immers 'n leier in hierdie veld. Sekere kernbegrippe en meganismes is feitlik net so in hoofstuk V vervat. As ons in ag neem dat Duitsland in 1949 'n Nuwe Grondwet ontvang het en dat hulle van hulle Handves van Menseregte werkersregte afgelei het in 'n poging om die beginsels van politieke demokrasie na die werkplek oor te dra in die vorm van "nywerheidsdemokrasie" en dit progressief deur wetgewing te verskans, is 'n vergelyking met Suid-Afrika insiggewend. Net soos Duitsland in 1949, het Suid-Afrika ook in 1995 'n Demokratiese Grondwet ontvang en daarmee saam in die politieke sowel as die arbeidsverhoudinge veld sy toetrede gemaak tot statutere werkersdeelname deur middel van Hoofstuk V.

Thesis (M.Soc.Sc. (Sociology)) - Rhodes University, 2007.

The purpose of this study is to investigate long-term trends in the union membership of South Africa and Germany, and to highlight trends in unionisation in both of these countries over a period of time. The long-term aspect of this study differentiates it from more detailed specific studies concerned with the individual fortunes of confederations or unions. The changing fortunes of trade unions have been associated with changes in work organisation, the influence of institutional pressures, or long term changes in the economic cycle. All these factors may, of course, shape and be shaped by each other. From a comparative perspective this dissertation determines whether the fortunes of unions are ultimately a product of the long waves of an economic cycle, or if other factors, such as variations in union/state relations, changes in the forms of work organisation and shifts in the employment market, impact upon union membership and mobilisation. It is hoped that the comparison of a transitional and an advanced economy may shed new light on the causes of union growth and decline, and the impact of specific social, legal and cultural variables thereon. The theoretical frame of reference for this study emerged from literature pertaining to union growth and decline. This literature discusses the historical, economic and sectoral challenges that confront the identity of unions and their ability to mobilise membership within contemporary labour markets. The entire study relies heavily on primary data collected from a wide range of sources in both countries. This method facilitates the comparison and cross-checking of information, which ensures a full and balanced study. A synthesis of the facts obtained led to certain suggestions relating to the areas in which both South African and German labour organisations could adapt their agenda and interests to the changing nature of the employment market in order to avert membership decline. The methodology of this research draws from Skopol’s work which argues that social studies ought to be grounded in historical experience in order to make sense out of specific social events that occur today. The research design utilises an initial comparative historical-political analysis of the emergence of unionism in South Africa and Germany, so as to establish those factors which have, in the past, affected union growth and decline in both countries. Thereafter, the impact of contemporary economic and sectoral trends that reoccur in the South African and German labour markets are examined and compared, in order to establish their influence on the growth or decline of union membership in both countries in the future. This study consists of four sections. The first section comprises a historical dimension that uses Valenzuela’s work relating to the political nature of labour movements to establish those factors which, in the past, have affected union growth and decline. This is done to determine whether the type of insertion of labour movements into historical national political processes, and the links formed between trade unions and political parties influences membership growth or decline. The following three sections deal with the present challenges that may affect the unions in the future. Section Two deals with factors of economic recession (namely, poverty and unemployment) which confront trade unions in the 1990s. Hyman’s Theory of Disaggregation is applied to determine if recessive socio-economic factors can account for the strength of decline of unions, as opposed to union mobilisation being purely linked to transitions between long waves of the economy as Kelly suggests. The relevance of these theories to the rise and decline of unionism in South Africa and Germany is compared and contrasted. The third section determines whether changes to more flexible forms of work organisation and shifts in the employment market can account for the contrasting strength of the South African labour movement and the decline of the German labour movement today. The way in which these issues impact negatively upon union strength in South Africa and Germany in the 1990s is compared and contrasted, again using Hyman’s Theory of Disaggregation. The final section establishes whether or not the roles adopted by the South African and German labour movements during their confrontation with labour repressive regimes impacts upon their ability to attract union membership today, despite the constraints imposed upon unions by prevailing economic and structural uncertainties. Therefore the historicity of the South African and German labour movements, (based upon the findings of the first part of this study), is referred back to. At the same time, the reactions of the South African and German labour movements to prevailing economic and structural realities, (as examined in the second part of this research) are re-examined. Three conclusions are reached. Firstly, regardless of their strengths or weaknesses, all labour organisations are capable of adjusting to the adverse changes taking place in contemporary employment markets if they prove willing to advance and defend the interests of all who work, including those in the informal sector. If unions continue to neglect the informal labour market, they run the risk of being transposed by social movements that are antagonistic to trade unions or new expressions of the workforce’s latent collectivism. Secondly, in successfully playing a social movement role that led to the downfall of Apartheid in 1994, the South African labour movement has evolved as an energetic body with a dimension of recumbent militancy that attempts to adapt its identity to the changing nature of the employment market. This enables the South African labour movement to continue to attract membership despite the prevailing economic uncertainties. In contrast, forced co-operation and consensus within the German industrial relations arena since World War Two has resulted in a less dynamic union movement that lacks initiative in adapting to the changing nature of the employment market. The result is a decline in unionism. Finally, the fortunes of unions are not, as Kelly suggests, purely a product of economic cycles. Political climates can also influence mobilisation, as has occurred in both South Africa and Germany. This implies that mobilisation is not only activated by the economic dissatisfaction of a union movement.

This study explored the relationship between management and the union in an Eastern Cape Public Sector Department. The study employed both qualitative and quantitative research tools to collect information from the respondents, who gave a view on their experiences of what the relationship is, and how it could be improved. The sample consisted of members of management and union executives, across employment levels. Both statistical and thematic analysis were used to analyse data from questionnaires and semi-structured interviews. The literature review defined the concept of trade unionism, management and trade union relationship in the workplace, and different frames of reference of the labour relations system. From the literature review it is noted that management and union relationships are more of a formal arrangement in the workplace; as such government, has developed tools to assist in this regard. Although that is not the case in the Department it is noted that the informal arrangement in the relationship between management and union is ‘working’ to some extent. Quality and sustainability of that, however, is questionable. The findings indicate that most members of management acknowledge the existence of the relationship between management and the union, but they are dissatisfied, as most members are not part of the engagements with the union. They are also of the view that it is in favour of the union. Unions on the other hand, view the existing relationship as working in favour of one union instead of the union collective. The union which finds favour is satisfied, and the other is not. It is recommended that the management and union engagement be formalized in order for the Department to work with unions in a more structured, professional manner, which would be inclusive of other members of management who feel left out. Not only that, but management would also be able to engage with the union as a collective, and not as an individual union.

Thesis (MTech (Human Resource Management))--Cape Peninsula University of Technology, 2012. / South Africa and Nigeria are both African countries, while the former is located in the southern region of the continent, the latter can be found in the western region. The Congress of South African Trade Unions (COSATU) is the largest trade union federation in South Africa with twenty-nine affiliate unions. The trade union federation entered into an alliance with the ruling African National Congress (ANC) government owing to their long-standing involvement in the struggle for freedom during the Apartheid era in South Africa. Conversely, the Nigeria labour Congress (NLC) is the only trade union federation in Nigeria with forty-two affiliates. Their political alliance is with the have the Labour Party. The study examines and compares the two trade union federations' administrative and leadership styles. Also, economic, political and social involvements of the unions are examined and members' perceptions with regards to these two union federations promote the interest of their members are compared. Quantitatively designed close-ended questionnaires were distributed to members of (COSATU) and NLC affiliates. The members were drawn from South Africa Municipality Workers Union (SAMWU), South Africa Democratic Teachers Union (SADTU), Nigeria Union of local Government Employees (NULGE) and Nigeria Union of Teachers (NUT). Various questions were asked about the trade unions federation's performances regarding some union-specific areas. Participants were required to grade the unions' performance based on their opinions with regard to assessment of their functions. This study also, discusses the unions' performances in the past, and relates it with their present activities, as well as areas, which union members hope to improve. Results from the questionnaire were coded, cleaned and cross-tabulated by using SPSS. A chi-square test of association was used to determine significant levels of association. Levels of significant differences were determined at p≥ 0.05. The overall result shows that workers still believe in trade unions activities and representation.

South African trade unions affiliated to Congress of South African Trade Unions (COSATU) have taken advantage of the arrival of democracy and newly found opportunities available through Black Economic Empowerment to venture into the world of business by setting up their own investment companies. The declared desire behind these ventures was to break the stranglehold of white capital on the economy and to extend participation in the economic activities of the country to previously disadvantaged communities. Using the National Union of Mineworkers and the Mineworkers’ Investment Company as case studies, this dissertation seeks to determine whether unions affiliated to the Congress of South African Trade Unions (COSATU) are advancing the struggle for socialism through their investment schemes. Secondly, the dissertation determines whether, in the activities of the schemes, internal democracy is preserved and strengthened. The theoretical framework of this dissertation emerges from arguments advanced by Lenin and Gramsci on the limitations of trade unions in terms of their role in the struggle against capitalism. In addition, the argument draws on the assertions by Michels regarding the proneness of trade union leadership to adopt oligarchic tendencies in their approach to leadership. Of interest is how, according to Gramsci, trade unions are prone to accepting concessions from the capitalist system that renders them ameliorative rather than transformative. Drawing from Michels’ ‘iron law of oligarchy’, the thesis examines whether there is space for ordinary members of the unions to express views on the working of the union investment companies. By looking at the extent to which the investment initiatives of the companies mirror the preferences of the ordinary members of the unions, one can determine the level of disjuncture between the two. The study relies on data collected through interviews and documentary material. Interviews provide first-hand knowledge of how respondents experience the impact of the investment schemes. This provides a balanced analysis given that documents reflect policy stances whereas interviews provide data on whether these have the stated impact. What the study shows is a clear absence of space for ordinary members to directly influence the workings of union investment companies. It is also established that, in their current form, the schemes operate more as a perpetuation of the capitalist logic than offering an alternative system.