The right to freedom of association is one of the basic foundations of collective bargaining.
November 2, 2022
The right to freedom of association is one of the basic foundations of collective bargaining. Discuss the protection of employees’ right to freedom of association in terms of the Constitution and the International Labour Organisation (ILO) Conventions. (8)
(b) Paul, who is employed by Employer A as a technician, is a shop steward (trade union representative) for Trade Union B. After completing his Diploma in Management at UNISA, Paul was promoted to a management position. He was, however, informed by Employer A that since he is now part of management, he must relinquish his position as a shop steward and terminate his membership with Trade Union B.
Discuss the functions of a shop steward and whether Employer A is correct to ask Paul to relinquish his position in Trade Union B and terminate his union membership. (12)
(C) Bashumi Workers Association (‘BWA’) is a trade union with majority representation in Jan Werk (Pty) Ltd (‘JW’). At the beginning of September, BWA and JW engaged in negotiations about an annual wage increase and annual leave for employees. As a result, a collective agreement was concluded between the parties, which will be operational for a period of two years.
Discuss the binding effect of the collective agreement between BWA and JW. (8)