Post Graduate Industrial Relations Assignment
PGDLL Assignment 2006
Institution: University of Johannesburg
Student Name: Barrie Smith
Student No.: 200615283
Date: June 2006
PGDLL 2006 ASSIGNMENT
Big Enterprises (BE) has a recognition agreement with the National Union of Workers (NUW). In terms of the agreement, the Union is recognised in respect of its members in a defined bargaining unit comprising all weekly paid employees. Sixty percent (60%) of the employees in the bargaining unit are union members, the balance have no union affiliation. The company, however, has a well-established practice of extending whatever wage increase it agrees with the union to all employees in the bargaining unit.
The current wage agreement expired at the end of March 2006, and the parties are in dispute over wages for 2006/7. The dispute has been referred to the CCMA. The company seeks your advice on the circumstances in which the union can call a strike in support of its wage demands, and poses the following questions:
(a) What are the statutory preconditions that the union would have to satisfy before its members can participate in a protected strike?
(b) The company is particularly concerned about the prospect of the non-union members in the bargaining unit participating in any strike, since it would not be possible to continue production under those circumstances. The company is also concerned about employees engaged outside of the bargaining unit, mainly supervisory employees, joining the strike. If these employees participated in the strike, would their participation be protected?
(c) The company mentions that its main supplier, who is organised by the same union, has contacted it. The union is reported to have stated that if there were to be a strike at Big Enterprises, its members at the supplier 's plant would strike in solidarity with its members at Big Enterprises. Under what circumstances, if any, would a strike by the employees of the supplier be protected?
(d) The company
Institution: University of Johannesburg
Student Name: Barrie Smith
Student No.: 200615283
Date: June 2006
PGDLL 2006 ASSIGNMENT
Big Enterprises (BE) has a recognition agreement with the National Union of Workers (NUW). In terms of the agreement, the Union is recognised in respect of its members in a defined bargaining unit comprising all weekly paid employees. Sixty percent (60%) of the employees in the bargaining unit are union members, the balance have no union affiliation. The company, however, has a well-established practice of extending whatever wage increase it agrees with the union to all employees in the bargaining unit.
The current wage agreement expired at the end of March 2006, and the parties are in dispute over wages for 2006/7. The dispute has been referred to the CCMA. The company seeks your advice on the circumstances in which the union can call a strike in support of its wage demands, and poses the following questions:
(a) What are the statutory preconditions that the union would have to satisfy before its members can participate in a protected strike?
(b) The company is particularly concerned about the prospect of the non-union members in the bargaining unit participating in any strike, since it would not be possible to continue production under those circumstances. The company is also concerned about employees engaged outside of the bargaining unit, mainly supervisory employees, joining the strike. If these employees participated in the strike, would their participation be protected?
(c) The company mentions that its main supplier, who is organised by the same union, has contacted it. The union is reported to have stated that if there were to be a strike at Big Enterprises, its members at the supplier 's plant would strike in solidarity with its members at Big Enterprises. Under what circumstances, if any, would a strike by the employees of the supplier be protected?
(d) The company
References: Du Toit, D. et al (2003). Labour Relations Law – A Comprehensive Guide. Fourth Edition. Durban. Lexis-Nexis Butterworths Cheadle, H Olivier, M. (2006b). Strikes Lock-outs, and Related Forms of Industrial Action : Lecture Notes for PGDLL. University of Johannesburg ____________________________________________________________ COSATU (1999). Submission to the Minister of Labour 8 November 1999. Online, Available: http://www.cosatu.org.za/docs/1999/minlab.htm) [Accessed 6 June 2006]