[No Title]
Preface
Contributors
List of Appendices
List of Figures
List of Tables
List of Diagrams
Abbreviations
Chapter 1
Labour Relations Theory and Perspectives
Pioneers in labour relations theory
Free-market economists
Marx, capitalism and the working class
The Webbs and social reform
The institutional economists
Management responses
Dunlop's systems theory
New Marxist criticism of systems theory
Perspectives of labour relations
Unitarism, conflict denial and autocratic leadership
Pluralism and conflict regulation
Societal corporatism and dialogue
State corporatism (authoritarian and paternalistic)
Worker control
Summary of labour relations perspectives
An open systems framework
Environmental influences
The parties and power realities
Structures and processes of conflict resolution
Outcomes
Conclusion
Chapter 2
The History of Labour Relations in South Africa
Industrialisation and the creation of a divided labour force
The creation of cheap mine labour
Conflict on the mines: The fight for the status of the white worker
Early black worker resistance
Formalisation of a dual system of labour relations
Growth of secondary industry and non-racial unions
Post-1948 apartheid: Suppression of communism and black trade unions
From the 1973 strikes to the Wiehahn Commission (1979)
The Wiehahn Commission
Government's response to the commission's report and its effect on emergent unions
Rapid growth in trade unions in early 1980s
The Labour Relations Act (1981)
Political unionism of the 1980s
The formation of new federations
Union and activist harassment
Further development of labour law
The imperative for change
The process of transition 1990 to 1994
The post apartheid years 1994 to 2001
Conclusion
Chapter 3
Environmental Influences on Labour Relations
Macro environmental influences
Political transformation and the new Constitution
Government economic policy
Demographic pressures
Economic challenges
Technological transformation
Globalisation
The impact of globalisation on the South African economy
Human resource development needs
Micro environmental influences
Occupational hygiene
Occupational safety
Cultural diversity at the workplace
The role of the media
Conclusion
Chapter 4
Introduction to Labour Economics
Characteristics of labour
The labour market
Characteristics of the labour market
Multiplicity of markets
A worker cannot be separated from the labour the worker sells
Complexity of the employment package
Nature of the employment relationship
Workers and jobs are not standardised
The theoretical nature of the labour market
Labour market imbalances
Labour market segmentation
Monopsony market
Labour market flexibility
Labour economics
The importance of labour economics
Micro- and macro-economics
Reasons why people offer their labour for sale
Economic reasons
Psychological reasons
Social reasons
Terminology
Summary
Chapter 5
Labour Market Functioning
Labour supply
The size and composition of the population
The decision or willingness to work
The length of the work-week
The total number of workdays available
The education, training and skills of the prospective employees
Labour demand
Demand for products and services
Increase in the number of employers
The type of production equipment used and viability of alternatives to labour
The cost of labour
Productivity
Unemployment
Frictional unemployment
Structural unemployment
Cyclical unemployment
Seasonal unemployment
Labour mobility
Discrimination
Theories of discrimination
Personal prejudice
Market power model
Statistical discrimination
Productivity
Factors affecting productivity
Summary
Chapter 6
Salary and Wage Determination
Terminology
Components of compensation
Fringe benefits
Non-monetary conditions of work
How are salaries and wages determined?
Wage determination in a perfectly competitive labour market
Wage determination in an imperfect labour market
Changes in wage rates
Factors impacting on salary and wage determination
Inflation
Unions and wages
Factors influencing the impact of collective bargaining on wage increases
Factors influencing the effect of a strike
Wage differentials
Determination of remuneration within the organization
Minimum wages
Conclusion
Chapter 7
South African Labour Market Policy
What is labour market policy?
Flexibility vs security
The need for labour market policy in South Africa
South African labour market policy
Regulated flexibility
Contents of the report of the comprehensive labour market commission
Productivity
National productivity institute
Institutional co-ordination of government policies
The LRA and workplace forums
Employment standards
Unemployment
Public works programs
Assistance to the unemployed
Discrimination
Wage determination
Minimum wages
Pay differentials
Labour mobility and migration
Aliens Control Act 96 of 1991
Bilateral treaties
Accord for employment and growth
Recommended reading
Chapter 8
The Impact of Labour Legislation on the Performance of the Labour Market
Poor performance of the labour market
Unemployment
Poverty
Inequality
HIV/AIDS
Productivity and unit labour costs
Skills shortages
Employment creation critical for successful labour market performance
Factors impacting on the performance of the labour market
The cost of labour
Productivity
Flexibility
Socio-economic and political factors
The impact of labour legislation
The Labour Relations Act
Basic Conditions of Employment Act
The Skills Development Act
Employment Equity Act
How do South Africa's labour laws compare with other countries?
Chapter 9
Trade Unions: Goals, Strategies and Organisation
Why workers join unions
Economic needs
Job security and regulation
Political reasons
Social needs
Self-fulfilment
Goals of trade unions
Equitable wages and benefits
Procedural controls, job security and freedom from discriminatory action
Political influence
Sources of power
Trade union structure and organisational effectiveness
Trade union representatives/shop stewards
The local branch
The national congress
The national executive council (NEC)
Democracy versus oligarchy
Collective agreements regarding membership
Closed shops
Agency shops
Disputes regarding closed shops and agency shops
Types of unions
Craft or skill-based trade unions
General trade unions
Sectoral trade unions in the private sector
Sectoral trade unions in the public sector
Trade union growth in South Africa
Registered unions
Union density
Trade union federations
Congress of South African Trade Unions (COSATU)
The Federation of Unions of South Africa (FEDUSA)
The National Council of Trade Unions (NACTU)
Independent unions
International trade unionism
Global union federations
International Confederation of Free Trade Unions (ICFTU)
The Organisation of African Trade Union Unity (OATUU)
The International Labour Organisation (ILO)
Conclusion
Chapter 10
Management Strategy and Employer Organisations
The diversity of employers and management strategy
Management strategy and labour relations
Autocratic unitarism and union suppression
Sophisticated paternalistic unitarism and union avoidance
Adversarial pluralism and collective bargaining
Consultative pluralism - employee participation and union/management co-operation
Labour relations policy
The role of employer organisations
Employer organisations in South Africa
Historical background
Business South Africa (BSA)
Chambers of commerce and industry
Sector-based national employer organisations
Social responsibility and investment
Conclusion
Chapter 11
The Role of the State, Government Strategies and the State as Employer
Government choices
Strategies supporting unitarist employers
The promotion of pluralism
The creation of societal corporatist structures and processes
Government strategies in South Africa
National Economic Development and Labour Council (NEDLAC)
The role of the Ministry of Labour and the Department of Labour
The new labour legislation
The state as an employer
The structure of the public sector
National and provincial government
Local government
Public enterprises
Universities and technikons
Essential services and limitations on strikes
Conclusion
Chapter 12
The Constitution and Bill of Rights Content
What is the South African Constitution
History of the Constitution
Democracy
Some key elements of the Constitution
Content of the Constitution
The Bill of Rights
Limitation of rights
Suspension of rights during states of emergency
Application of the Bill of Rights
Who can take the Bill of Rights to court?
Interpreting the Bill of Rights
The Constitution and its impact on the Labour Relations Act
Chapter 13
South African Labour Law
Common law
Validity of the contract
The formal contract of employment
Breaches of contract
The Employment Equity Act (1999)
The Labour Relations Act (1996)
The application of the Act
The purpose of the Act
Rights and obligations of employees, unions, employers and their organisations
The promotion of collective bargaining and worker participation
Dispute resolution and labour peace
The Basic Conditions of Employment Act (1998)
The Occupational Health and Safety Act (1993)
Compensation for Occupational Injuries and Diseases Act (1993)
The Skills Development Act (1998)
The Unemployment Insurance Act (2001)
Conclusion
Chapter 14
Collective Bargaining Forums
The objectives of collective bargaining
Levels of collective bargaining
Centralised national bargaining in NEDLAC
Centralised sectoral bargaining in bargaining councils
Decentralised collective bargaining at workplace or organisation level
Collective bargaining: Some international examples
Sweden
Great Britain
Global agreement
Conclusion
Chapter 15
Productive Problem Solving
The productive problem-solving chart
Step 1: General attitude
Step 2: Understanding the problem
Step 3: Alternative solutions
Step 4: Decision-making
Step 5: Plan and implement decisions
Step 6: Verify decisions
Conclusion
Chapter 16
Employee Participation
The objectives of employee participation
The enhancement of human dignity
The promotion of productivity
The promotion of economic development
The extension of democracy to the workplace
Summary
The forms of employee participation
Direct involvement
Indirect participation
Pressures of globlisation on employee participation
Conclusion
Chapter 17
Workplace Agreements and Procedures
Historical origins of recognition agreements
The original objectives of recognition agreements
Organisational and bargaining rights of unions in the workplace
Definition of a workplace
Basic organisational rights of sufficiently representative unions
Additional organisational rights of majority unions
Claiming organisational rights
Dispute resolution over organisational rights
The right to bargain
Dispute resolution over bargaining rights
The typical contents of a recognition/procedural agreement
Bargaining rights
Bargaining units
Access of union officials
Deductions of union dues
Shop steward appointment, duties and facilities
Meetings between management and shop stewards
Wage negotiating procedures
Other procedures
The grievance procedure
The function of a grievance procedure
The process of filing a grievance
Dispute resolution of grievances
Unfair dismissal legislation and disciplinary procedures
The meaning of dismissal
Unfair dismissal
Disciplinary procedures for misconduct
The theory of positive discipline
A holistic view of discipline
Disciplinary codes
Disciplinary penalties
Disciplinary procedure
Disciplinary enquiries for misconduct
Enquiries related to incapacity
Incapacity: Poor work performance
Incapacity: Ill-health or injury
Retrenchment procedures
Dismissals based on operational requirements
World class manufacturing
Flexibility of employees
Work reorganisation
Strategic outsourcing
Employment equity and affirmative action
A negotiated dispute procedure
Conclusion
Chapter 18
Communication in the Workplace
Ineffective communication
Communication process
Functions of communication
Communication styles: The Johari Window
The relationship between diversity, communication and labour relations
IR communication systems
The importance of communicating with your employees
Conclusion
Chapter 19
Conciliation, Arbitration and Labour Court Adjudication
Conciliation
The impetus for conciliation
The functions of conciliation
The role of the conciliator
The attributes of the conciliator
Arbitration
The impetus for arbitration
The functions of arbitration
The role of the arbitrator
The attributes of arbitrators
Commission for Conciliation, Mediation and Arbitration
Functions of the CCMA
Governing body of CCMA
Appointment of commissioners
Director of the CCMA
Finances of the CCMA
Accreditation of councils and private agencies
Resolution of disputes under auspices of the CCMA
The Labour Court
The legacy of the Industrial Court
Composition of the Labour Court
Appointments of judges to the Labour Court
Functions and powers of the Labour Court
Review of arbitration awards
Representation before Labour Court
Appeals against judgment or order of Labour Court
Labour Appeal Court
Composition of Labour Appeal Court
Appointment of judges of Labour Appeal Court
Powers and functions of the Labour Appeal Court
Conclusion
Chapter 20
The Negotiation Process: Part 1
Defining the process
The functions and limitations of negotiation
Power testing
The outcomes of negotiation
Traditional modes of bargaining
Distributive bargaining
Integrative bargaining
New perspectives on negotiation
Negotiating to achieve world class standards
The process of distributive bargaining
Preparation for negotiation
Opening the negotiation
The actual bargaining process
Living with the agreement
Conclusion
Chapter 21
The Negotiation Process: Part 2
Bargaining theory
Bargaining power
Definition of the bargaining agenda
The needs of the parties
The negotiator
The task of the negotiator
Characteristics of an effective negotiator
Factors affecting the negotiation process
Stages in the negotiation process
Pre-negotiations
Stages of the negotiation process
Negotiators' tools and techniques
Use the caucus effectively
What to do at deadlock
Have you bargained in good faith?
Communications during negotiations
Drafting contract proposals
Mock negotiation exercise
Facts
Facts about ABC Tool Company
Calculations notes
Facts about labour agreement
Chapter 22
Strikes and Lockouts
Expressions of employee discontent
Forms of collective action by employees
The definition of a strike
Go-slows
Overtime bans
Primary strikes
Offensive economic strikes
Defensive frictional strikes
Solidarity building strikes
Secondary strikes
Protest action
The right to strike
Procedural requirements
Limitations on strikes in South Africa
Essential and maintenance services
Protected strikes
Unprotected strikes
Ballots
Picketing
Extent of strikes in South Africa
Strike causation, process and outcomes
Strike causation
Triggers and demands
The strike process
Strike maintenance
Intra-party bargaining
Inter-party bargaining and power testing
Facilitators and inhibitors of strike action
The immediate outcomes of strikes
Long-term consequences
Lockouts
The function of the lockout
Procedural requirements
Recourse to lockout
Conclusion
Chapter 23
Implementing the Employment Equity Act in South Africa
Introduction to the Employment Equity Act
Affirmative action
Suitably qualified employee
Monitoring, enforcement and legal proceedings
A framework for implementing employment equity
Method One
Approach recommended by the Department of Labour
2001 trends - Commission for Employment Equity Annual Report, 2001
General representation
Representation at occupational/skill level
Recruitment, promotion, termination and retention
Industry/sector representation
Provincial representation
Representation of workers with disabilities
The latest information (August 2002)
The Employment Equity Register
Conclusion
Testing your knowledge and understanding
References and additional reading
Chapter 24
Managing Diversity in South Africa
What does diversity mean?
Why is there a need to value and manage diversity?
An integrated model for managing diversity
A guide to implementing diversity management
Implementation phases
International case studies
How South African organisations are contributing towards valuing and managing diversity
Strategic commitment
Levelling the playing fields
Walking the talk
Conclusion and summary
Answer to the diversity riddle on page 416
Further reading
Chapter 25
Sexual Harassment
The legal position in South Africa
Common law
The Constitution
The Employment Equity Act
The Code of Good Practice on the handling of sexual harassment cases
The Compensation for Occupational Injuries and Diseases Act
Defining sexual harassment
Different forms of sexual harassment
Effects of sexual harassment
Policy and procedure
Policy
Procedure
Implementation of the policy
Case law
Cases
Chapter 26
Transformation: South Africa's Bridge to the Future
What is transformation?
First order change (conforming strategies)
Second order change (transforming strategies)
The need for transformation
Resistance against transformation
Systemic factors
Individual factors
Perceived self-interest
Feelings of fear and uncertainty
Conservatism
Initiating and managing transformation
Conclusion
Chapter 27
Future Prospects
Appendix 1
Summary of the Employment Equity Act
Appendix 2
Summary of the Basic Conditions of Employment Act
Appendix 3
Summary of the Occupational Health and Safety Act
Appendix 4
Summary of the Code of Good Practice on the handling of sexual harassment cases
References


Top