CONSOLIDATED LITERATURE REVIEW
DEFINITION
To understand the bases of my hypothesis, I first need to define what collative barraging is and the effect collective bargaining has on the South African economy, this will then put into perspective the impact collective bargaining has on the motor industry in the South Africa.
Collective bargaining by definition mean is the process “of good faith” that takes place between an organisation’s management and a trade union (representing the organisation’s employees) for negotiating: o Wage/salary increase o Working hours o Working conditions o Matters that affect relevant parties
Management sees this process as negotiating with one set of people (as a unit) but on the other hand to employees it is a bargaining tool. Therefore collective bargaining is the framework around which a trade union operates.
EVOLUTION OF COLLECTIVE BARGAINING IN SOUTH AFRICA
Initially trade unions were called industrial councils as they were vehicle of negotiations at the time. The first legislation implemented in 1924 was called the Industrial Conciliation Act 11 of 1924 (IC Act) this was the foundation of all the Labour Relation Acts up to this day. This legislation was then amended and renamed as the Labour Relations Act 28 of 1956. The shortfall of this piece of legislation (including the amendment) excluded all black Africans from the definition of “employee”. After 1979 the legislation was changed again to include all individuals to benefit from this Act. Post apartheid necessary changes were made to the legislation through the Labour Relations Act 66 of 1995. Because of these changes allowing all employees including civil servants the number of membership to trade unions and trade unions increas...
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.../www.tysto.com/articles08/q3/20080720cars.shtml [Accessed: 03/06/2014]
5. Karl Gernetzky. (2013). Bdlive. [Online] Available from: http://www.bdlive.co.za/national/labour/2013/09/30/numsa-threat-to-motor-sector-collective-bargaining [Accessed: 14/01/2014]
6. Karl Gernetzky. (2013)Bdlive. [Online] Available from: http://www.bdlive.co.za/business [Accessed: 14/01/2014]
7. SAPA. (2013). Mail and Guardian. [Online] Available from: http://mg.co.za/article/2013-05-20-mercedes-benz0workers-strike-over-outsourcing/ [Accessed: 14/01/2014]
8. Irma Venter. (2013). Engineering news. [Online] Available from: http://www.engineeringnews.co.za/article/auto-sector-will-never-have-cheap-labour-collective-bargaining-process-faces-restructuring-2013 [Accessed: 14/01/2014]
GRAPHS
1. Statistics SA. [online] Available from: http://beta2.statssa.gov.za/?p=1891 [Accessed: 02/02/2014]
To conclude this analysis on the basis of the labor’s extensive history, Sloane & Witney (2010) propose, “it is entirely possible that labor’s remarkable staying power has been because of the simple fact that to many workers, from the nineteenth century to the present, there really has been no acceptable substitute for collective bargaining as a means of maintaining and improving employment conditions” (p.80). In the end, it is important to anticipate unions and employers presently work together to find solutions that will enhance collective bargaining strategies and practices to serve the interest of both parties.
David Brody argues that the rise of contractual or collective bargaining relationships during the post WWII era formalized the relationship between employers and unions, but simultaneously began to put a break on shop floor activism. Explain Brody’s argument and, where relevant, incorporate Weber’s theory of bureaucracy.
Wallerstein, M. & Western, B. 2000. Unions in Decline? What Has Changed and Why? Annual Review of Political Science. 3: 355-377.
The rise of industrial age led to the rise of industrial factory systems. As the industries grew larger as well as the workplace, it required more employees. As the employees grew in the workplace, their relationship with the employer became less personal hence individuals lost power. (History of Labor Unions Summary & Analysis, 2014) emphasizes that there was little to nothing an individual could do to pressure a large industrial business to increase his/ hers wages or shorten his/hers hours or provide a better working environment. The increasing migrants in Australia during the 1960’s continually replenished the supply of unskilled workers making it difficult for any employee to attain any leverage in negotiations with their employers. This led to employee’s embracement of collective action which then led to the rise of unions. According to (Burchielli, R 2006) Unions are seen as the power house of employees in the workplace, their role was to give employee a collective bargaining with their employers for better working environment, better wages and benefits such as paid leave. However union membership have decreased over the last couple of decades, according to (Australian Bureau of Statistics (ABS), 2013) in 1986 46 % of employees were members of trade unions by 2007 the figures have dropped to only 19%. There...
The last bolt is screwed on as a relieved automotive worker marvels at his wondrous creation: a car. With the roar of an engine, the car slowly disappears into the distance. The worker gradually turns around, picks up his tools, and continues to work on a new car. As a consumer, we rarely wonder how things are made; we simply take everything we own for granted. For once, have you wondered how many hours of hard labor many automotive workers must go through? The automotive industry has been around for many years, but it has not always been as efficient as it currently is. As the industry continues to evolve, many new innovative ideas are still being developed. In the past, automotive workers have had to work in harsh conditions without much security or job benefits. Nevertheless, through the continuous development of organized collective bargaining, workers are being treated as they should be. Being the largest automobile manufacturer in the world, General Motors Corporation has been greatly affected by the needs of their workers. Rick Wagoner, CEO of General Motors, is currently in charge of “running the show” at GM. Being the most successful automotive company since 1931, it is obvious that he not only has to satisfy customers, but also the workers within the company. From the smallest things such as a work raise to bigger things such as the working condition, the management of General Motors has been pressured to make both positive and negative changes to the way the company is run as a whole in order to satisfy the workers who are part of the UAW Union. Therefore, the formation and development of unions encompasses both pros and cons.
Labor unions were established as a way for workers’ needs and grievances to be heard by management. According to Fossum (2012), “forming a union creates a collective voice to influence change at work” (p. 7). The collective voice of workers in a union holds much more power than any single employee’s voice. It can loudly draw attention to mistreatment or abuse of workers. The organized collective voice of workers demands to be treated in a fair way by its management in terms of wages, hours, benefits, and working conditions.
This means that a group of workers can unite to gain more power and leverage in bargaining. The bargaining process may include many aspects but usually consists of wages, benefits, terms and conditions of employment. The notion of union came about in the 1700's. In the beginning, as it is today, workers united to "defend the autonomy and dignity of the craftsman against the growing power of the company" (Montgomery). These early unions had many names including societies, social societies and guilds.
Despite attempting to predict the eventual outcome of the negotiation, I did not anticipate the confrontations between Local H-56 and the management of Hotel Zinnia. Although they initially agreed to engage in integrative bargaining, the union and management subsequently entered an intense negotiation. When Local H-56 presented its proposal of wage increases and health insurance, management immediately responded with a counterproposal that surprised the union. Both the union and management eventually behaved confrontationally, accusing each other of bargaining unreasonably and focusing on the trivial aspects of the negotiation. Moreover, as the union and management felt increasingly frustrated, they suffered from a lack of unity in their teams. The union could not fulfill its objectives because its lead negotiator prevented other team members from contributing to the negotiation. On the other hand, several team members of management struggled to assert their authority as the lead negotiator. After observing these issues, I ultimately believe that the union and management failed to achieve their individual objectives. Moreover, by approaching the negotiation with a zero-sum strategy, I assert that the union and management failed to reach a mutually beneficial contract. At the same time, both sides of the bargaining table lacked cohesive teams and therefore struggled under the pressure of the negotiation.
NZ’s industrial relations developed by protection of the employment relationship through acts passed by government, particularly the Industrial Conciliation and Arbitration Act (IC&A). This is fundamental to NZ’s employment relations and set the right for trade unions to arrange and negotiate collectively with employers, as well as producing awards, wage rates and handling disputes (Bryson, 2011c).
A collective bargaining agreement collectively sets the terms on which an employer offers individual work contracts to each of its employees in the bargaining unit. A bargaining agreement, also herein referred to as a labour agreement, is a legally enforceable written commitment, which states the rights and duties of all parties involved. The labour agreement should be made in good faith and is intended to be observed and not violated. The National Labour Relations Act obligates employers and unions to bargain in good faith concerning terms and conditions of employment, including hours and wages. Like any normal contract, competent parties must enter into a labour agreement. However, a labour agreement is unique from other legal contracts in that there is no consideration involved and nothing tangible is exchanged. Many, but not all, unions require formal ratification of a new labour contract by a majority membership acceptance, which is determined through vote by the members. Until majority approval of those voting in a ratification election is received, the proposed labour contract is not final. While each labour agreement is unique to the needs of an organization and its employees, most agreements include five issues: (1) Management Rights, (2) Union Security, (3) Wages and Benefits, (4) Individual Security (Seniority) Rights, and (5) Dispute Resolution. Management Rights “Management” is the process of working with people and resources to accomplish organizational goals by making the best possible use of money, time, materials and people. The management process, when properly executed, involves a wide variety of activities including planning, organizing, directing and controlling. It is management’s role to perform all of these functions in order to maximize results.
Fox, Alan (1966), Industrial sociology and Industrial relations. Royal Commission on trade Unions and Employers Association. Research Papers 3, HMSO, London
Trade Unions is essentially pluralistic in outlook, it covers not only the relations between employer and employee, but also the relations between employers and unions and between them. TU theory, practice and institutions traditionally focus more on the collective aspect of relations. This is evident from the central place occupied by labour law, freedom of association, collective bargaining, the right to strike etc.
The pluralistic approach accepts the legitimacy of workers forming themselves into trade unions to express their interests, influence management decision and achieve their objectives. The pluralistic approach sees conflicts of interest and disagreements between managers and workers over the distribution of profits as normal and inescapable. The role of managers/management would lean towards enforcing, controlling, persuading and coordinating. Trade unions play an important role in this approach, being that employees can join unions to protect their interests and influence decision making by the management. Trade unions balance the power between management and employees, hence its an important factor in this approach and industrial
Traditional literature in the field of labor relations has focused immensely on its benefit towards the employer and in the process equating it to working rules. This has been so despite the field being expected to cover the process of, labor management, union formation, and collective bargain; all which are anticipated to create a positive employer-employee relationship. This relationship is said to be positive if there exist a balance between employment functions and the rights of the laborer. Also important to note, is that this relation is equally important to the public sector as it is to the private one. Therefore, to ensure a mutually conducive labor environment exists, effective labor management process and inclusive negotiation program should be adopted (Mulve 2006; Walton, 2008).
Collective bargaining is the process in which employers and unions undergo a series of negotiations that include terms and typical of collective bargaining where both parties concur to conditions of employment. These conditions may include wages, hours, and working conditions (Budd 229).