MRL3702 - COLLECTIVE BARGAINING (CHAPTER 11) STUDY GUIDE WITH COMPLETE SOLUTIONS

MRL3702 - COLLECTIVE BARGAINING (CHAPTER 11) STUDY GUIDE WITH COMPLETE SOLUTIONS PROCESS OF COLLECTIVE BARGAINING - Answer️️ -Two or more parties, namely a union on the one hand and an employer/employers organisation on the other hand about terms and conditions and any other matters of mutual interest between the parties. THE LRA ENCOURAGES COLLECTIVE BARGAINING THROUGH: - Answer️️ -- granting of organisational rights - the right to establish bargaining institutions - through closed-shop and agency-shop agreements REFUSAL TO BARGAIN INCLUDES - Answer️️ -1. the employer's refusal to recognise a union as a bargaining agent 2. the employer's refusal to establish a bargaining council 3. the employer's withdrawal of recognition of a collective bargaining agent 4. the employer's resignation as a party to a bargaining council 5. the employer disputing appropriate bargaining units, levels and topics. A UNION IS DEFINED AS - Answer️️ -An association of employees whose principal purpose is to regulate the relations between employers or employers' organisations and employees. ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 2 ONLY REGISTERED UNIONS ARE ENTITLED TO CERTAIN RIGHTS SUCH AS - Answer️️ -1. to conclude a collective agreement enforceable under the LRA 2. acquire organisational rights 3. be a member of a bargaining council, statutory council and workplace forum and 4. conclude closed-shop and agency-shop agreements EMPLOYERS' ORGANISATION IS DEFINED IN SECTION 213 AS - Answer️️ -any number of employers associated together for the purpose, whether by itself or with other purposes, of regulating relations between employers and employees or trade union. STATUTORY BARGAINING STRUCTURES - Answer️️ -1. Bargaining council 2. statutory council BARGAINING COUNCIL - Answer️️ -1 or more registered trade unions and one or more registered employers' organisations may establish a bargaining council for a sector and area by adopting a constitution and by obtaining registration for the council. CONSTITUTION OF BARGAINING COUNCIL - Answer️️ -SECTION 30 of the LRA outlines the topics that the constitution of a bargaining council must address: 1. the appointment of representatives of the parties to the council, 2. the representation of small and medium enterprises 3. the circumstances under which representatives must vacate their offices and procedures for replacing them, 4. rules governing council's meetings 5. decision-making procedures 6. procedure for exemption from collective agreements ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 3 7. delegation of its powers and functions 8. procedures for changing the constitution and winding up the bargaining council. . REGISTRATION OF A BARGAINING COUNCIL - Answer️️ -Submitting to the Registrar of Labour Relations: 1. a prescribed registration form properly completed 2. a copy of the proposed constitution 3. any other information that may assist the Registrar in determining whether or not the bargaining council meets the requirements for registration. OBJECTION FOR REGISTRATION OF A BARGAINING COUNCIL MAY BE BASED ON THE FOLLOWING GROUNDS: - Answer️️ -1. that the applicant has not complied with the provisions of section 29 of the LRA 2. that the sector and area in respect of which the application is made is not appropriate 3. that the applicant is not sufficiently representative in the sector and area in respect of which the application is made. POWERS AND FUNCTIONS OF A BARGAINING COUNCIL - Answer️️ -SECTION 28 OF THE LRA 1. to conclude collective agreements 2. to enforce such collective agreements 3. to prevent and resolve labour disputes. 4. to promote and establish training and education schemes ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 4 5. to establish and administer pension, provident, medical aid, sick pay, holiday unemployment and training schemes 6. to develop proposals for consideration by NEDLAC 7. to determine by collective agreement matters which may not be resolved through industrial action 8. to provide industrial support services within the sector 9. to extend its services to workers in the informal sector and home workers DISPUTES THE LRA REQUIRES A BARGAINING COUNCIL TO RESOLVE - Answer️️ -1. Disputes about freedom of association 2. disputes of interest in an essential service 3. Disputes about severance pay 4. disputes about unfair labour pratices 5. disputes that may lead to a strike or lock-out 6. dismissal disputes if the dismissal is based on operational requirements, participating in an unprotected strike and reasons connected to a closed-shop agreement