Managing Conflict and Union representation - Pdf

By Johanette Rheeder CONTENTS A. INTRODUCTION 1. Progression of rights 1.1 Progression of rights 1.2 The Constitution and freedom of association 1.3 Employees and job seekers 2. Freedom of Association 2.1 The protection of Freedom of Association 2.2 Disputes B. DEFINING A TRADE UNION 3. What is a trade union? 3.1 Purpose of a trade union 3.2 Role players in a trade union 3.3 Registration, de-registration and the constitution of unions1 . 3.5 Effect of registration of a union 3.6 Representation at the CCMA C. REPRESENTATIVENESS, MAJORITY UNIONS AND TRADE UNION REPRESENTATIVES 4. Representativeness 4.1 The Rights of Trade Unions. 4.2 How do you know that your employees are unionised? 4.3 Can I prevent any employee from becoming a member? 4.4 Keeping the Union out of the Company. 4.5 The Rights of the Employees. 4.6 The Rights that the Union is entitled to by Law. 4.7 Defining the “Representative” Trade Union Section 95 to 106 2 Chapter 3, section 11 to 22 CONTENTS Continued 4.8 The Principle of Majoritarianism v Plurality 4.9 Section 12 – Access to the Work place 4.10 Deduction of Subscriptions or Levies – Section 13 4.11 The Majority Trade Union 4.12 Disclosure of Information. 5. Union Representatives or Shop Stewards 5.1 The rights of a majority union 5.2 Time off for Shop Stewards and Office Bearers 5.3 Reasonable paid time off work. D. ORGANISATIONAL RIGHTS AND RECOGNITION 6. The right to establish a threshold 6.1 The rights of section 18 of the LRA 6.2 Collective Bargaining and collective agreements 6.3 What is a collective agreement? 6.4 Duty to Bargain 6.5 Disputes about organisational rights3 6.6 Disputes about collective agreements4 6.7 Typical objectives of trade unions. 7. Agency and Closed Shop Agreements 7.1 Agency shop agreements 7.2 Closed shop agreements. 7.3 Usage of Subscriptions. 7.4 Termination of a closed shop. E. STRIKE ACTION 8. Strike Action 8.1 Protected and unprotected strike action 3 Section 22 4 Section 2 CONTENTS Continued F. CONFLICT AND CONFLICT RESOLUTION 9. Main Sources of Conflict 9.1 Introduction - Some common problems 9.2 Sources of Conflict 9.4 Positive and Negative Characteristics of conflict: when is it good or when is it bad? 9.5 Identifying and analysing conflict 9.6 Characteristics of positive conflict 9.7 Winners and losers 9.8 Positive conflict 9.9 Group behaviour 9.10 Negative conflict 10. Overcoming the challenge 10.1 Find a point of entry. 10.2 Path of Conflict 10.3 Signs of conflict 10.4 Actions to reduce conflict 10.5 Conflict Management Techniques 10.6 More Techniques in Managing Conflict 10.7 Attributes to enhance conflict management 10.8 Conflict Route Resolution 10.9 How to manage and resolve conflict in the workplace 10.11 How to manage when conflict involves you 10.12 How to run a mediation process 10.13 External dispute resolutions 11. Building and Maintaining Relationships 11.1Other strategies that will work