KEY CHALLENGES FACING COLLECTIVE BARGAINING IN SOUTH AFRICA AND THOUGHTS ON ADDRESSING THEM

PRESENTATION TO

UNIVERSITY OF WITWATERSRAND

LLM CLASS OF 2015 3 1 S T O C T O B E R 2 0 1 5

TYPICAL BARGAINING PROCESS

EXCHANGING

DEMANDS

NEGOTIATION

MEETINGS

DISPUTE

REFERRAL

INDUSTRIAL

ACTION

MANDATING

COLLECTIVE

AGREEMENT

EMPLOYERS

TRADE UNIONS

STATUTORY

CONCILIATION

OBTAINING

MANDATES

DEADLOCK

LENGTHY WAGE NEGOTIATION

PROCESSES

PROTRACTED INDUSTRIAL ACTION

VIOLENCE AND INTIMIDATION

INCREASING LEGAL AND SOCIETAL

CHALLENGES TO NEGOTIATED

OUTCOMES

ESCALATING LABOUR MARKET

CONFLICT

EXTREME CONSEQUENCES

SYMPTOMS OF DYSFUNCTIONALITY

SOURCES OF DYSFUNCTIONALITY

ENVIRONMENT

RELATED

BUSINESS

RELATED

LABOUR

RELATED

RELATIONSHIP

AND PROCESS

RELATED

LOW TRADE

UNION

DENSITY

ABSENCE OF

AN AGREED

STANDARD TO

INFORM WAGE

DEMANDS AND

OFFERS

KEY CHALLENGES

REJECTION OF

BARGAINING

OUTCOMES

OVER-RELIANCE ON

LEGAL AND

STATUTORY

MEASURES

STAKEHOLDER

RELATIONAL

DYNAMICS

VIOLENCE AND

INTIMIDATION

ASSOCIATED

WITH

INDUSTRIAL

ACTION

GROWING

NETWORK OF

FINANCIAL

DEPENDENCE

MERGING OF

WORKPLACE

AND SOCIO-ECONOMIC

ISSUES

INEFFECTIVE

INTERACTION

AND

NEGOTIATION

PROCESSES

THOUGHTS ON ADDRESSING THE CHALLENGES

COLLECTIVE BARGAINING

IMPROVEMENT PROCESS

CONFIDENCE BUILDING

MEASURES

WORKPLACE CONFLICT

ASSESSMENT TOOL

NEGOTIATION PRACTICE

CAPACITY BUILDING

PROMOTING MUTUAL

GAINS BARGAINING

CCMA INITIATIVES GOING FORWARD

LABOUR MARKET

CONFLICT PREDICTION

TOOL

PROMOTING VOLUNTARY

INTEREST ARBITRATION