Table of Contents

CRITICALLY DISCUSSION MEDIATION AND CONFLICT RESOLUTION IN

SOUTH AND SOUTHERN AFRICA (25) .......................... 3

DISCUSS THE LABOUR RELATIONS LESSONS LEARNT FROM THE AUGUST

2012 MARIKANA MASSACRE IN SOUTH AFRICA (25)

...........................................................................................................................................
........................................................ 3

EXPLAIN THE VARIOUS TECHNIQUES THAT CAN BE EMPLOYED TO

IMPROVE COMMUNICATION IN THE WORK

ENVIRONMENT (25) (CHECK IF ANSWER IS CORRECT)

.............................................................................................................. 3

IDENTIFY AND DESCRIBE THE PURPSOE OF FIVE (5) IMPORTANT ACTS OR

LEGISLATIONS REGLATING TO LABOUR RELATIONS

(10)
...........................................................................................................................................
.................................................. 3

NAME AND DISCUSS THE FIVE THOMAS-KILMANN MODES OF CONFLICT

HANDLING / MANAGEMENT STYLES (10) .............. 4

DISCUSS THE CONCEPT ALTERNATIVE DISPUTE RESOLUTION (ADR) (10)

................................................................................. 5

DISCUSS THE INFLUECE OF LABOUR BROKERING PRACTICES IN SOUTH

AFRICA (10) ............................................................... 6

CRITICALLY DISCUSS THE ROLE OF THE THREE MAIN PLAYERS,

NAMELY, THE STATE, MANAGEMENT AND THE TRADE UNIONS

IN EMPLOYMENT RELATIONS (25)

...........................................................................................................................................
.. 6
DISCUSS AND DIFFERENTIATE THE VARIOUS PERSPECTIVES IN THE
FIELD OF LABOUR RELATIONS (25) ................................. 7

DISCUSS THE VARIOUS TYPES OF STRIKES AND REASONS FOR

STRIKES THAT ARE EVIDENT IN THE LABOUR RELATIONS

CONTEXT (25)
...........................................................................................................................................
.................................. 8

PROVIDE AN INTEGRAL DEFINTION OF LABOUR RELATIONS (10)

............................................................................................. 9

PROVIDE A CRITICAL ASSESSMENT OF LESSONS THAT SOUTH AFRICN

CAN LEARN FROM DEVELOPMENTS IN OTHER AFRICAN

COUNTRIES (10) (CHECK ANSWER)

...........................................................................................................................................
.9

CRITIALLY EXPLAIN THE ROLE AND FUNCTION OF THE CCMA IN

DISPTURE RESOLUTIONS (10) ............................................ 11

DISCUSS AN INDUSTRIAL PSYCHOLOGICAL APPROACH TO LABOUR

RELATIONS, INCLUDING OUTCOMES AND FEEDBACK

FROM THE LABOUR RELATIONS PERSPECTIVE (10)

................................................................................................................. 12

CRITICALLY DISCUSS THE ROLE FO THE STATE, LONMIN

MANAGEMENT AND THE UNIONS DURING THE AUGUST 2012

MARIKANA MASSACRE (25)

...........................................................................................................................................
.......... 12
 To let people cool down, reduce tensions, regain perspective and composure

 When gathering more information is more important than making an immediate

decision

5. Accommodating
 When you realise you are wrong

 To avoid further damage in a situation which is not going well

 When the issues are more important to the other party than you

 As a goodwill gesture

 When preserving harmony and avoiding disruption are important

DISCUSS THE CONCEPT ALTERNATIVE DISPUTE RESOLUTION (ADR) (10)

Describe the concept of Alternative Dispute Resolution (ADR) (5)

ADR refers to a different method of conflict resolution from the traditional methods of
adjudication and litigation. It involves

third party intervention and processes such as fact finding, problem solving,
relationship building and mediation and

arbitration in the dispute resolution process.

Discuss the application of ADR based on South African and American Trends

 The CCMA was established based on principles of ADR and it was intended that as
many disputes as possible should

be resolved through conciliation, resulting in a minority of disputes going to

arbitration or the Labour Court

 The CCMA has dispute prevention initiatives which aims to effectively manage
conflict and grievances at company

or user level and to also improve dispute resolution at the CCMA

 The principle objective is to support CCMA users in building capacity to:

 Resolve problem and disputes at workplace level

 Avoid incorrectly referred and inappropriate disputes being referred to the CCMA

 Effectively manage disputes referred to the CCMA

 Below are some of the initiatives that aim to implement ADR:

 The “Duty Commissioner” system

 Telephonic conciliation – i.e. CCMA front desk

 The Retail Sector Project

 Stremlining the present dispute resolution process for dismissals and raises the
possibility of ADR
mechanisms

 The Local Council project

 Model Workplace Procedures

 Development of workplace procedures that are accessible and in line with legal
requirement that

optimise workplace problem solving and dispute resolution

 Provincial Initiatives

 Screening of cases

 Engagement of unions

 Prevention initiatives

 Distribution of CCMA information sheets

 ADR can be used to resolve both internal and external conflicts

 ADR should include a system of dealing with both disputes and conflict and should
provide adequate reasons why

conflict should not be ignored and why parties should not litigate

DISCUSS THE INFLUECE OF LABOUR BROKERING PRACTICES IN SOUTH

AFRICA (10)

May/ June 2017

CRITICALLY DISCUSS THE ROLE OF THE THREE MAIN PLAYERS,
NAMELY, THE STATE, MANAGEMENT

AND THE TRADE UNIONS IN EMPLOYMENT RELATIONS (25

DISCUSS AND DIFFERENTIATE THE VARIOUS PERSPECTIVES IN THE
FIELD OF LABOUR RELATIONS (25)

Differentiate between the various perspectives on LR

There are four prominent perspectives that exist on labour relations as outlined below:

1. The Pluralist Perspective

 Views the organisation as a combined force of individuals with diverse objectives,

values and perspectives

 The underlying assumption of this perspective is that individuals within the

organisation combine into

various distinct groups with their own interests, objectives and leadership – these
groups can either be

formal or informal.

 These groups are competitive in terms of leadership, authority and loyalty

2-The Unitarist Perspective

 Views the organisation as an homogeneous group of people with a unified authority

structure that has

common values, interests and purpose.

 Conflict is regarded as unnecessary and employees are expected to be loyal to

their management and

organisations

 The underlying assumption is that conflict is undesirable and mainly the result of
communication problems

 Trade unions are regarded as unnecessary

3. The Radical Perspective

 Gets its roots in traditions related to Marxist thinking

 The underlying assumption is that workers are oppressed due to capitalist interests

 Trade unions play an important role from this viewpoint as they enhance the power
of the working class

4. Corporatism

 Seen as an extension of pluralism

 The underlying assumption is that business and labour are no longer viewed as
interacting on a purely

competitive basis

 Conflict and common ground are blended and are seen as mutually gainful

DISCUSS THE VARIOUS TYPES OF STRIKES AND REASONS FOR

STRIKES THAT ARE EVIDENT IN THE

LABOUR RELATIONS CONTEXT (25)

Discuss the nature of strikes in SA (5)

"strike" means the partial or complete concerted refusal to work, or the retardation or
obstruction of work, by persons who

are or have been employed by the same employer or by different employers, for the
purpose of remedying a grievance or

resolving a dispute in respect of any matter of mutual interest between employer and
employee, and every reference to

"work" in this definition includes overtime work, whether it is voluntary or

compulsory;

The definition of a strike consists of three elements, namely:

 A refusal to work

 Concerted or collective action

 A specific purpose relating to a matter of mutual interest between the employee and
employer

Discuss the various types of strikes that are evident in the labour relations context
environment (10)- PAGE 327

 Economic – demands related to wages, fringe benefits or any other issues of an

economic nature

 Grievance – when the trade union does not agree with the way in which
management handles day to day problems

 Secondary or Sympathy – workers strike in support of trade union members

who are striking in a different

workplace

 Solidarity Strike – stoppage of work by employees in sympathy with one or more of

their colleagues

 General or political strike – a general strike is the worst form and frequently starts
from a sympathy strike. Can lead

to a revolution aimed at overthrowing govt.

 Wildcat – without warning no negations take place, illegal

 Sit in – do not leave premises to stop other from doing their work

 So slow

 Work stoppage – collective refusal to work

 Intermittent strike – employees introduce short stoppages of work each day or
during shifts

 Strategic strike

 Rotating strike

 Overtime ban

Explain the main reasons why strikes occur (15)

1. Economic Factors

 Average monthly wage of workers

 Cost of living and CPI

 Incidence of unemployment

 Inflation rate

2. Political factors

 Power of the ruling party

 Political leaders attitudes and policy

 Election periods

3. Employment relations factors

 Conditions of employement

 Lack of job security and employee consultation

 The number of actively organising TU’s

 The power of the TU’s in terms of membership

4. Social Factors

 General unrest – general feeling of dissatisfaction with existing circumstances in

society

 Domestic disputes in the workplace – when workers fail to distinguish between their
working and their

domestic and social environment. They bring frustrations about housing etc. to
work and expect the

employer to fix it

PROVIDE AN INTEGRAL DEFINTION OF LABOUR RELATIONS (10)

Labour relations is an interdisciplinary field of study which concern itself with the
continuous process of control over the

dynamic individual and collective relationship between workers and management in

organisation, function within the wider

environment, with an view to determining the conditions under which work is

done so that the needs of both parties are

addressed

 labour relations concern itself over the continuous process of control over the
employment relationship.

 The employment relationship is dynamic and of an individual and collective nature

 Labour relations occur within all organisations

 Labour relations influence the environment the environment in which the

organisation function
 The objective of labour relations is to determine the conditions under which work is
done so that the needs of both

managers and workers are addressed

 It is an interdisciplinary field of study.

PROVIDE A CRITICAL ASSESSMENT OF LESSONS THAT SOUTH

AFRICN CAN LEARN FROM

DEVELOPMENTS IN OTHER AFRICAN COUNTRIES (10) (CHECK ANSWER)

Labour relations systems are unique and are shaped to a large extent by the peculiar
environment in which it

operates, and contributes in a greater or lesser extent, to the labour system of the
country.

In the United Kingdom the government brought out the white paper “fairness at work”
in 1998 which was seen as

the biggest shift of power to the unions since 1970. The purpose was to promote new
culture of co-operation and

partnership in the workplace.

Historically the employer relation had three activities to choose from:

 Adversarialism, trade unions seen as the enemy

 Traditional collective bargaining.

 Killing unions with kindness, old fashion paternalism (protection to the point of
reduced freedom)

The partnership is based on the recognition of the adversarial strategy of the past “lose
– lose” strategy. With the

union on board it adds value and the and there is a “win – win” situations.
 Instead of adversarial wage bargaining the employee may be committed to price
index increases and

profit sharing

 Most agreement guarantee job security

 Agreements focus on “win – win” such as training, development and responsibilities

 Honest communication even if news is good or bad

The old system has not disappeared, trust needs to be developed. The partnership
process involves far-reaching

changes to management attitudes. It involves aligning corporate and individual staff

member’s personal goals and

objectives. Management needs to concede some power.

The United States of America: Organisations are embarking on the transformation of

the workplace. The emerging

“new relationship” is characterised by joint consultation and joint decision-

making on all levels within the

organisation

 Adversarial relationship is replaced by collaborative problem solving. Unions

cannot lag behind and

management must accept the legitimate rights of unions

 “quick fixes” in crisis mode, the relationship is forgotten and relapses to the old way
of doing things (no

quick fixes)

South Africa: The rapid development of labour relationship had been placed under
increasing pressure by the

rapidly changing socio-political environment.

Currently:
 Organised labour in irreversible politicised (worker power, through the trade
unions, has been seen to be

a road to political power, pressure and influence. Labour conflict often assumes racial
tone resulting in

union militancy)

 Structural disempowerment (leadership is young and cannot rely on well

experienced, trained and

capable support staff)

o Leadership levels are overextended

o Little time to apply themselves

o Operating at multiple levels (tactical, operational and keep systems going)

 Socio-political implications of poverty and inequality (employment equity act

1998, still too early to

determine impact)

 Business as the last vestige of apartheid (business is lagging behind the current
changes and those to

come)

 Perceptions and polarisation (intolerance with in the workplace, resulting in

conflict)

 Traditions of positional and adversarial bargaining (based on history and reference

to the previous points

negotiations are based on rights and regulation rather than the true needs, interests and

interdependence)

Due to globalisation and the acceptance into the world of trade South Africa
will have to face same future
challenges. To compete with the rest of the world close attention will have to be kept
on international trends and

actions.

Future actions:

 Incorporate the realities of the entire environment

o Efficiency criterion set by the enterprise (economic, regulations, policies,

contribution to

efficiency and productivity)

o Social criterion set by workers and trade unions (protection to workers and their
environment)

o Criterion concerning society as a whole

 Vision of interdependence

o Softening of ideological stances and adversarial actions to move to creative joint

endeavours

o Internal coherence and responsible leadership to lead and shift strategy and position

o Focus on relationships on matters other than adversarial exchange

 Trade union structures to be strengthened (require intrinsic strength to develop

proactive strategies for

the future)

 Continuous improvement (not easy to leap from status quo to living wage in one
bound) need to strive

for continuous improvement

 Restructuring and democratisation of business

 Sensitisation of workforce

The number of environmental factors that influence organisations, employees and

labour relations are important.

As functioning within the environment has an effect on the perception and behaviour
of all participants.

CRITIALLY EXPLAIN THE ROLE AND FUNCTION OF THE CCMA IN

DISPTURE RESOLUTIONS (10)

According to Bendeman (2003), the CCMA was established as a dispute resolution

institution based on the principles of

ADR as it was intended that as many disputes as possible should be resolved through
conciliation, resulting in a minority of

disputes going to arbitration or to the Labour Court. It was also intended that the
CCMA should promote effective

strategies for dispute prevention. However, this objective was not achieved owing to
the high rate of referrals to the

CCMA because of employers’ inability to deal successfully with conflict internally.

The CCMA also requires lengthy and

specific internal procedures and employers and employees are penalised for not
knowing or adhering to these

prescriptions in the LRA.

South African employers and employees are relying heavily on the Commission to
resolve their labour problems rather than

resolving these problems internally. While it may be convenient to delegate

disputes, the process is a costly and time-

consuming one. These attempts at preventing disputes do not address the concerns
of this study, namely the fact that
employers are reluctant to try ADR at company level owing to the rigidities in the
current dispute resolution system

Theron and Godfrey (2002), in the article entitled “The labour dispute resolution
system and the quest for social justice: A

case study on the CCMA, unfair dismissals and small business” in the study reader pp.
257 to 259, discuss the two CCMA

processes of conciliation and arbitration in dispute resolutions. Note that in some

situations the CCMA may decide to handle

the two processes in one sitting as a “con-arb” hearing on the proviso that both
disputing parties agree to the process.

The CCMA comprises TWO processes:

1. Conciliation

 Utilised for any kind of dispute from disputes of “mutual interest” which parties
may ultimately chose to

resolve through industrial action to “disputes of right”

2. Arbitration

 Entails a formal hearing in which the respective parties present evidence and the
arbitrator produces a

written ruing

 Arbitration is deemed to be more important that conciliation because the outcome is

determined by a

third party.
 The CCMA has exclusive jurisdiction to arbitrate certain disputes including cases of
unfair dismissal related

to conduct and/or capacity.

DISCUSS AN INDUSTRIAL PSYCHOLOGICAL APPROACH TO LABOUR

RELATIONS, INCLUDING

OUTCOMES AND FEEDBACK FROM THE LABOUR RELATIONS

PERSPECTIVE (10)

Oct / Nov 2016

CRITICALLY DISCUSS THE ROLE FO THE STATE, LONMIN MANAGEMENT
AND THE UNIONS DURING

THE AUGUST 2012 MARIKANA MASSACRE (25)

CRITICALLY DISCUSS THE CONCEPT OF PRINCIPLED NEGOTATION AS

THE KEY TO SUCCESSFUL

COLLECTIVE BARGANINING (25) (NEEDS WORK)

Negotiation:

 Negotiation is one form of influencing and is about trying to achieve win-win

 It is a process of compromise involving parties with different sets of objectives and

values based on their different

vested interests

 It is a process intended to decrease the incompatibility between the parties involved

Principled Negotiation

 Makes a win win outcome possible as parties use a common set of principles and a
common framework for effective

negotiations

 The parties involved must have a sense of net gain – each party has to also think of
the other

 The system of countervailing control is a corollary element to the first. It must be

ensured that one party does not

feel “at the complete mercy of the other”. Parties need to agree to a good balance of
sharing control over certain
aspects of the relationship

 Four basic guidelines need to be observed in the process:

 Personalities must be separate from the problem

 Interests must be the focus not positions

 Options and alternatives must be considered before decisions are made

 Criteria and other objective standards must be the bases for evaluating claims

DISCUSS THE VARIOUS TYPES OF STRIKES AND REASONS FOR

STRIKES THAT ARE EVIDENT IN THE

LABOUR RELATIONS CONTEXT (25)

Discuss the nature of strikes in SA (5)

"strike" means the partial or complete concerted refusal to work, or the retardation or
obstruction of work, by persons who

are or have been employed by the same employer or by different employers, for the
purpose of remedying a grievance or

resolving a dispute in respect of any matter of mutual interest between employer and
employee, and every reference to

"work" in this definition includes overtime work, whether it is voluntary or

compulsory;

The definition of a strike consists of three elements, namely:

 A refusal to work

 Concerted or collective action

 A specific purpose relating to a matter of mutual interest between the employee and
employer

Discuss the various types of strikes that are evident in the labour relations context
environment (10)- PAGE 327

 Economic – demands related to wages, fringe benefits or any other issues of an

economic nature

 Grievance – when the trade union does not agree with the way in which
management handles day to day problems

 Secondary or Sympathy – workers strike in support of trade union members

who are striking in a different

workplace

 Solidarity Strike – stoppage of work by employees in sympathy with one or more of

their colleagues

 General or political strike – a general strike is the worst form and frequently starts
from a sympathy strike. Can lead

to a reolution aimed at overthrowing govt.

 Wildcat – without warning no negotions take place, illegal

 Sit in – do not leave premesis to stop other from doing their work

 So slow

 Work stoppage – collective refusa to work

 Intermittent strike – employees introduce short stoppages of work each day or

during shifts

 Strategic strike

 Rotating strike
 Overtime ban

Explain the main reasons why strikes occur (15)

5. Economic Factors

 Average monthly wage of workers

 Cost of living and CPI

 Incidence of unemployment

 Inflation rate

6. Political factors

 Power of the ruling party

 Political leaders attitudes and policy

 Election periods

7. Employment relations factors

 Conditions of employement

 Lack of job security and employee consultation

 The number of actively organising TU’s

 The power of the TU’s in terms of membership

8. Social Factors

 General unrest – general feeling of dissatisfaction with existing circumstances in

society
 Domestic disputes in the workplace – when workers fail to distinguish between their
working and their

domestic and social environment. They bring frustrations about housing etc. to
work and expect the

employer to fix it

DISCUSS THE ESCUALTION OF DISPUTE RESOLUTION IN THE

WORKPLACE (10)

DISCUSS THE CHALLENGES THAT CUASE THE ROLE OF THE

INDUSTRIAL PSYCHOLOGY TO BE

NEGLECTED WITHIN LABOUR RELATIONS (10)

What are the main reasons for the neglect of the role of industrial psychology in
labour relations?

1. There is a tendency of industrial psychologists to ignore trade unions, reasons for

this include:

 Institutional Naivety – viewing Labour Relations (LR) primarily as interpersonal

relations

 Inadequate Exposure to the problems of the working class – poor sensitivity

and understanding to

problems of the labour

 Develpoments in Organisational Psychology – such as job enrichment etc. which

can run counter to the

traditional goals of labour

 Problems of application – behavioural science interventions showing poor results

 Misconceptions about the nature of industrial conflict

 Research problems – lack of opportunities fr research , inadequate communication

of research results etc.

 Preoccupation with the scientific method – thereby ignoring controversial

issue of LR and instead

researching theoretically and technically safe areas.

 Strong association woth management

 Treatment of unions as dummy variables

 Inappropriate models of human behaviour in the work situation

2. There is a tendency of unions and specialists in LR to underplay the importance of

Industrial Psychology (IS)

 There is a distrust of IS

 Psychological contributions are not welcome

 “pro trade union” is the dominant value position

 Methodologies and approaches of LR are not conducive to psychological

involvement

DISCUSS PERSUASIVE COMMUNICAITON AS THE BASIC SKILL IN THE

NEGOTIATION PROCESS (10)

DISCUSS AN INDUSTRIAL PSYCHOLOGICAL APPROACH TO LABOUR

RELATIONS, INCLUDING

OUTCOMES AND FEEDBACK FROM THE LABOUR RELATIONS

PERSPECTIVE (10)
May / June 2016

CRITICALLY ANALYSE AND DIFFERENTIATE BETWEEN THE VARIOUS

PERSPECTIVES ON LABOUR

RELATIONS AND THE ROLE OF TRADE UNION MOVEMENTS (25)

Differentiate between the various perspectives on LR

There are four prominent perspectives that exist on labour relations as outlined below:

5. The Pluralist Perspective

 Views the organisation as a combined force of individuals with diverse objectives,

values and perspectives

 The underlying assumption of this perspective is that individuals within the

organisation combine into

various distinct groups with their own interests, objectives and leadership – these
groups can either be

formal or informal.

 These groups are competitive in terms of leadership, authority and loyalty

6. The Unitarist Perspective

 Views the organisation as an homogeneous group of people with a unified authority

structure that has

common values, interests and purpose.

 Conflict is regarded as unnecessary and employees are expected to be loyal to

their management and
organisations

 The underlying assumption is that conflict is undesirable and mainly the result of
communication problems

 Trade unions are regarded as unnecessary

7. The Radical Perspective

 Gets its roots in traditions related to Marxist thinking

 The underlying assumption is that workers are oppressed due to capitalist interests

 Trade unions play an important role from this viewpoint as they enhance the power
of the working class

8. Corporatism

 Seen as an extension of pluralism

 The underlying assumption is that business and labour are no longer viewed as
interacting on a purely

competitive basis

 Conflict and common ground are blended and are seen as mutually gainful

DISCUSS THE VALUE OF INDUSTRIAL PSYCHOLOLGY IN LABOUR

RELATIONS, WITH SPECFIC

REFERENCE TO THE DIRECT AND INDIRECT WAYS OF BRIDGIN THE

UNION-INDUSTRIAL PSYCHOLOGY

GAP, INCLUDING SOME OF THE CHALLENGES THAT CAUSE THE

ROLE OF THE INDUSTRIAL

PSYCHOLOGY TO BE NEGLECTED IN LABOUR RELATIONS (25)

Explain the direct and indirect ways of bridging the union-industrial psychology gap
Direct Ways of Bridging the Gap

 Needs to start from within the IS camp = ensure goodwill. Such action
should be accompanied by aggressive

marketing and professional behaviour from the IS

 Developing strategies to increase participation in union activities

 Training union officials in bargaining and negotiation techniques, management

skilss for their own office staff and

conflict resolution and grievance handling

 Training shop stewards in the handling of their duties

 Developing leadership training programmes for union members

 Providing counselling with respect to career planning

 Research on enhancing union effectiveness and assisting in the implementation of

the findings

 Improve communication between union leadership and members; union leadership

and management

 Assisting unions to enhance public image

 Assisting unions in efforts to improve quality of work life

 Conducting survey of union members

 Assisting in reducing work related stress of union members

Indirect Ways of Bridging the Gap

 Continue to emphasis and remind orgs of the value of their HR resources and ensure
that employees are treated

accordingly
 Further research into the following areas:

 Why unions function

 Ways in which unions influence members

 Reasons why members join unions

 Member commitment to unions

 Union attitudes towards relevant workplace issues

 Value in raising acceptability of IS’s among unions

What are the main reasons for the neglect of the role of industrial psychology in
labour relations?

3. There is a tendency of industrial psychologists to ignore trade unions, reasons for

this include:

 Institutional Naivety – viewing Labour Relations (LR) primarily as interpersonal

relations

 Inadequate Exposure to the problems of the working class – poor sensitivity

and understanding to

problems of the labour

 Develpoments in Organisational Psychology – such as job enrichment etc. which

can run counter to the

traditional goals of labour

 Problems of application – behavioural science interventions showing poor results

 Misconceptions about the nature of industrial conflict

 Research problems – lack of opportunities fr research , inadequate communication

of research results etc.
 Preoccupation with the scientific method – thereby ignoring controversial
issue of LR and instead

researching theoretically and technically safe areas.

 Strong association woth management

 Treatment of unions as dummy variables

 Inappropriate models of human behaviour in the work situation

4. There is a tendency of unions and specialists in LR to underplay the importance of

Industrial Psychology (IS)

 There is a distrust of IS

 Psychological contributions are not welcome

 “pro trade union” is the dominant value position

 Methodologies and approaches of LR are not conducive to psychological

involvement

DISCUSS THE VARIOUS TYPES OF STRIKES AND REASONS FOR

STRIKES THAT ARE EVIDENT IN THE

LABOUR RELATIONS CONTEXT (25)

Discuss the nature of strikes in SA (5)

"strike" means the partial or complete concerted refusal to work, or the retardation or
obstruction of work, by persons who

are or have been employed by the same employer or by different employers, for the
purpose of remedying a grievance or
resolving a dispute in respect of any matter of mutual interest between employer and
employee, and every reference to

"work" in this definition includes overtime work, whether it is voluntary or

compulsory;

The definition of a strike consists of three elements, namely:

 A refusal to work

 Concerted or collective action

 A specific purpose relating to a matter of mutual interest between the employee and
employer

Discuss the various types of strikes that are evident in the labour relations context
environment (10)- PAGE 327

 Economic – demands related to wages, fringe benefits or any other issues of an

economic nature

 Grievance – when the trade union does not agree with the way in which
management handles day to day problems

 Secondary or Sympathy – workers strike in support of trade union members

who are striking in a different

workplace

 Solidarity Strike – stoppage of work by employees in sympathy with one or more of

their colleagues

 General or political strike – a general strike is the worst form and frequently starts
from a sympathy strike. Can lead

to a reolution aimed at overthrowing govt.

 Wildcat – without warning no negotions take place, illegal

 Sit in – do not leave premesis to stop other from doing their work

 So slow

 Work stoppage – collective refusa to work

 Intermittent strike – employees introduce short stoppages of work each day or

during shifts

 Strategic strike

 Rotating strike

 Overtime ban

Explain the main reasons why strikes occur (15)

9. Economic Factors

 Average monthly wage of workers

 Cost of living and CPI

 Incidence of unemployment

 Inflation rate

10. Political factors

 Power of the ruling party

 Political leaders attitudes and policy

 Election periods

11. Employment relations factors

 Conditions of employement

 Lack of job security and employee consultation

 The number of actively organising TU’s

 The power of the TU’s in terms of membership

12. Social Factors

 General unrest – general feeling of dissatisfaction with existing circumstances in

society

 Domestic disputes in the workplace – when workers fail to distinguish between their
working and their

domestic and social environment. They bring frustrations about housing etc. to
work and expect the

employer to fix it

IDENTIFY AND DESCRIBE THE PURPSOE OF FIVE (5) IMPORTANT ACTS OR

LEGISLATIONS REGLATING

TO LABOUR RELATIONS (10)

Identify the most NB Acts relating to LR

11. Labour Relations Act

The purpose of the Act is to advance economic development, social justice, labour
peace and the democracy of the

workplace.

12. Basic Conditions of Employment Act

The purpose of the Act is regulates amongst others leave, working hours, employment
contracts, deductions, pay

slips, and termination

13. Compensation for Occupational Injuries and Disease

The purpose of the Act is to regulate occupational injuries and diseases are entitled to
compensation in the

workplace

14. Employment Equity Act

The purpose of the Act is protects workers and job seekers from unfair discrimination,
and also provides a framework

for implementing affirmative action

15. Occupational Health and Safety

The purpose of the Act is to regulate health and safety at the workplace for all
workers.

16. Skills Development

The purpose of the Act is to develop and improve the skills of the South African
workforce.

17. Skills Development Levies Act

The purpose of the Act is to regulate and prescribes how employers should contribute
to the National Skills Fund.

18. Unemployment Insurance Contributions Act

The purpose of the Act is to regulate and prescribes how employers should contribute
to the UIF Contributions fund.

19. Unemployment Insurance Act

The purpose of the Act is to provides security to workers when they become
unemployed.
20. Manpower Training Act

The purpose of the Act is to regulate workers training

DISCUSS THE VARIOUS DEFINITIONS USED TO DESCRIBE LABOUR

RELATIONS AND EMPLOYEE

RELATIONS (10)

NAME AND DISCUSS THE FIVE THOMAS-KILMANN MODES OF CONFLICT

HANDLING / MANAGEMENT

STYLES (10)

6. Competing

 Not used by skilled negotiators

 When quick, decisive action is vital

 When issues are important and where unpopular courses of action need
implementing

 When issues are vital to organisational welfare

 When you know you are right

 To protect yourself against people who take advantage on non-competitive

behaviour

7. Collaborating

 To find integrative solutions w/o compromising either sets of concerns

 When your objective is to learn the other parties views

 To merge insights from people with different perspectives on a problem

 To gain commitment by incorporating the others concerns into a consensual
decision

 To work through hard feelings which have interfered with interpersonal

relationships

8. Compromising

 When your goals are moderately important

 When there is an equal balance of power and strong commitment to mutually

exclusive goals

 As a temporary settlement, expedient solution or a backup mode

9. Avoiding

 Not used by skilled negotiators

 When the issue is trivial

 When you perceive no possibility of satisfying your concerns

 When the potential damage of confronting an issue outweighs its resolution

 To let people cool down, reduce tensions, regain perspective and composure

 When gathering more information is more important than making an immediate

decision

10. Accommodating

 When you realise you are wrong

 To avoid further damage in a situation which is not going well

 When the issues are more important to the other party than you
 As a goodwill gesture

 When preserving harmony and avoiding disruption are important

DISCUSS THE CONCEPT ALTERNATIVE DISPUTE RESOLUTION (ADR) (10)

Describe the concept of Alternative Dispute Resolution (ADR) (5)

ADR refers to a different method of conflict resolution from the traditional methods of
adjudication and litigation. It involves

third party intervention and processes such as fact finding, problem solving,
relationship building and mediation and

arbitration in the dispute resolution process.

Discuss the application of ADR based on South African and American Trends

 The CCMA was established based on principles of ADR and it was intended that as
many disputes as possible should

be resolved through conciliation, resulting in a minority of disputes going to

arbitration or the Labour Court

 The CCMA has dispute prevention initiatives which aims to effectively manage
conflict and grievances at company

or user level and to also improve dispute resolution at the CCMA

 The principle objective is to support CCMA users in building capacity to:

 Resolve problem and disputes at workplace level

 Avoid incorrectly referred and inappropriate disputes being referred to the CCMA

 Effectively manage disputes referred to the CCMA

 Below are some of the initiatives that aim to implement ADR:

 The “Duty Commissioner” system

 Telephonic conciliation – i.e. CCMA front desk

 The Retail Sector Project

 Stremlining the present dispute resolution process for dismissals and raises the
possibility of ADR

mechanisms

 The Local Council project

 Model Workplace Procedures

 Development of workplace procedures that are accessible and in line with legal
requirement that

optimise workplace problem solving and dispute resolution

 Provincial Initiatives

 Screening of cases

 Engagement of unions

 Prevention initiatives

 Distribution of CCMA information sheets

 ADR can be used to resolve both internal and external conflicts

 ADR should include a system of dealing with both disputes and conflict and should
provide adequate reasons why

conflict should not be ignored and why parties should not litigate

ALL OTHER QUESTIONS

STUDY ASSIGNMENT QUESTIONS

STUDY UNIT 1: An Industrial Psychology Approach to Labour Relations

What is the definition of “the field of IS”

 MAIN DEFINITION: Behaviour of individuals in the work situation

 Scientific study of the relationship between man and the world at work: the study of
the adjustment people make

to the places they go, people they meet and the things they do in the process of
making a living

 Solving the human problems created by an industrial civilisation

Describe IS as a science and practice
It’s scientific aspect is rooted in research to provide the knowledge that is a pre-
requisite for any practical application

Discuss the general value of IS in LR

In general terms, the role of the psychologist in LR is as follows:

 A specialist in interpersonal relationships at work whose skills may be used to

restructure people’s orientations to

each other and their problems

 A source of methods and techniques that can be used to aid problem diagnosis,
facilitate change and evaluate its

effectiveness.

 A person with the ability to put a different perspective on familiar situations and
issues by bringing them to a

broader comparative view or through the interpretative usefulness of his or her

theories

Discuss the specific value of IS in LR (15 marks)

a) Workers as human beings

 Too much emphasis has been placed on the legalistic and mechanistic aspects of the
industrial employer-

employee relationship. Hence, a change in emphasis in labour management from the

mechanical to the

behavioural science aspects with particular attention to relationships in general and

labour relationships
b) Individual variables

 Individual

 Psychologists should investigate the influence of attitudes and roles

 The influence of the settling of employee grievances on attitudes also justifies

investigation

 NB to assess deeper feelings and attitudes of employees so that leaders of trade

unions (TUs)

have an adequate understanding of them

 Industrial psychologists should investigate managerial attitudes towards unions so

that it can be

established how these influence the sound industrial systems

 Unions and Employees

 Workers reasons and desire for joining the unions

 Union instrumentality

 Extent to which union objectives coincide with members’ needs and interests

 Workers commitments to unions

 Research into commitments to the union, org, and dual commitment

 Provide answers to Q’s such as what influences are exerted by unions on

the personal

development and adjustment of workers

 Industrial behaviour or women relative to men

 Employee Needs

 Objective of field: Ensure that the needs of management and workers are
continually addressed
 Understand complexities and frustrations – therefore reduce hostility and
aggression in

bargaining and restore harmony in certain situations

 Rule Related Behaviour

 Understanding the processes implicated in the underlying complexities of rule-

related behaviour

 Environmental Influences on the individual

 Understanding of values and pressures that the environment represents and creates
and their

influence on worker behaviour

 Assist by anticipating and sensing shifts in values and their influence on

workers so that

organisations can respond to the changes

 Outcomes of LR System

 Providing info on issues such as : Do employees’ dissatisfaction and pressure for

industrial change

disappear under “good” management

c) Organisational variables

What is the potential value of industrial psychology in terms of the effect of org
variables on LR?

 Organisational Structure

 Investigating the influence of organisational structure on labour relations with a

view to:
o Extending and supplementing economic and institutional theories of the labour
relations

processes and outcomes

o Considering the effects of differences in organisational policies and structures

on

individual behaviour and attitudes

 Organisational Behaviour, Change and Development

 Assist in the development of a theoretical model for analysing and interpreting

organisational

behaviour in LR terms thereby- org development interventions can be effectively

planned and

carried out in the labour relations sphere with the approval and co-operation of
both

management and labour

 Conflict

 Assist in reducing the frequency and intensity of industrial conflicts

 Psychological theories of conflict and competition can be utilised in an

attempt to initiate a

problem solving approach

 Explaining the relationship between organisational size, bureaucracy and industrial

conflict

 Collection of information relating to the latent content of grievances

 Psych principles can be used in the process of creating an effective approach

to grievance

handling
 Power

 Assist in researching problems such as:

o What are the ways in which power can be used

o How can power be legitimised?

o How can power be blocked?

 Dispute Systems Design

 Adequately designed dispute systems will change the way disputes are handled by:

o Reducing the actual costs of conflict

o By the manifestation of various functional benefits of conflict

 General

 Improving and maintaining communication channels

 Assisting in the demarcation and comprehension of management and labour

motivations

 Understanding the psychological factors in industrial mediation

d) Collective bargaining and negotiation

 The judicious use of psychological expertise can lead to more satisfactory

results as seen by all the

participants in the process

 IS’s can provide answers to questions such as:

 What are the real sore points in the relationship

 What is the latent content of dissatisfaction

 What kinds of positive changes might be recommended which would minimise the
problem

 Psychological studies are valuable in facilitating and understanding the following

aspect:

 Bargaining dynamics

 Overcoming bargaining impasses and conflict resolution

 Collective bargaining outcomes

e) Unions

 Psychological research can be valuable in areas such as:

 Relation between commitment and performance

 Union democracy and organising

 Jointly sponsored projects

 Facilitation of relations between union and management

 Legal framework of union – management relations

 Research on behalf of either unions or management

 Union – management conflict

 Strikes

 Resistance of union leaders and members to traditional work motivation approaches

 Understanding the influence that unions have on selection, performance

appraisal, training, job

satisfaction, motivation, leadership

f) Research Methodology (Expansion of knowledge)

 More sophisticated research methods =better explanations of labour relations

questions
 Contributions to research techniques in LR

 Increased use of sophisticated will enable the breakdown of hostilities towards the
quantitative bias of

industrial psychologists

g) Change

 Anticipating, understanding and facilitation of the changes experienced by

workers, managers and

organisations, as well as in understanding and minimising the negative effects of such

changes

 Provide improved explanations, predictions for change and experimentation

with alternative ways of

handling LR problems in the workplace

 ESP Valuable in examining the consciousness and orientation of workers

h) Training

IS’s input valuable because:

 Knowledge of and skills in the principles of the training process as such

 Understanding of the psychological factors which impinge upon LR

Define Labour Relations

LR centres on balancing the simultaneous convergent and divergent interests of the

parties in a just and equitable way. This

field is about relationships, and as such is complex and dynamic

The cornerstone of this field is the labour relationship

The Multidimensional Nature of Labour Relations

There are four types of relationships:

1) Individual dimension

2) Collective dimension

3) Formal dimension

4) Informal dimension
 None of the above can exist alone. The four dimensions form an integrated whole
which is usually referred to as

LR.

 Therefore, Labour relations can be seen as the sum total of the quality of all these
dimensions.

 The quality of an employment relationship often depends more on how the informal
dimension is managed than

the formal, legal aspects

 Formal dimension can be identified by issues such as performance appraisal

 Feelings of dissatisfaction would form part of the informal dimension

The Centrality of Justice Perceptions in Employment Relations

 Employment related justice perceptions are important , as one’s sense of justice at

work is likely to extend to many

other facets of one’s life

 Also, work is a social activity

 Organisational or workplace justice refers to the organisational activities

relating to the distribution of the

organisation’s resources and rewards (wages, salaries, jobs, promotions,

incentives, bonuses, favourable

treatment, training opportunities and status)

Distributive Justice

Definition: The distribution of the conditions and goods which affect individual
(psychological, social and economic)
well-being

Concerns itself with: the perceived fairness of outcomes or distributions. Refers

to the individual employee’s

preference for a situation of perceived fairness insofar as it relates to the

employee’s input/outcome ratio

compared to the input/outcome ratio or equation of other employees.

Because work is social – SOCIAL COMPARISON lies at the heart of equity theory
and distributive justice.

Distributive justice is seen to be upheld when the contribution/reward ratio is

perceived to be equal to that of

others in similar positions

Perceptions of distributive injustice can generate collective action as an effort to

remedy such situations

The extremely skew wealth distribution makes this topic extremely relevant

Employees generally want fairness in all aspects of their employment relationships –

this applies to factors such as

how organisations are designed, how work is organised and distributed, career
prospects and development and

the reward structures that apply

Distribution decisions can be based on the following three criteria:

i. Equality - everyone gets exactly the same distribution

ii. Need- allocations are based on who needs the goods the most

iii. Equity – where outcomes or rewards are based on how much the person
contributes or invests. In

organisations where economic productivity and profit making are primary goals,
equity will be the basis

for the distribution of resources

The principle of distribution on the basis of equity may raise concern with regard to
the justice perceptions

of the parties to the employment relationship in the following two respects:

o Whether all parties agree that equity is the fairest basis upon which to make reward
allocations

o What each of the parties considers to be valued inputs and outputs

2) Procedural Justice

Definition: the perceived fairness of the process and procedures followed in reaching
certain decisions or outcomes

The following six criteria are central to a fair procedure:

i. Consistency – equal application of rules and procedures to all concerned over time

ii. Bias Suppression – the prevention of self interest in the decision making process

iii. Correctability – the modification or correction of the decision

iv. Representativeness- the representation of all stakeholders or parties concerned in
the process

v. Ethicality – the reflection of current ethical and moral principles in the process

There are two types of control that occur during any procedure:

 Process Control – the individuals control over the presentation of facts, information
and evidence

 Decision control – participants control over the actual decision made

Thibaut and Walkers theory is that the perceived fairness of the process can
result with satisfaction with the

outcome, even if the outcome is unfavourable

3) Interpersonal Justice

Definition: the manner in which outcomes are communicated to employees at an

interpersonal level. Relates to

the perceived fairness of treatment by decision makers. Concerns itself with the
symbolic and intangible outcomes

of procedures such as status, trust and respect.

This aspect of justice underpins both procedural and distributive justice.

Greenberg describes two aspects of justice:

i. Interpersonal Treatment – the treatment received from decision makers. E.g.

respect, courtesy and
friendliness

ii. Adequate Causal Accounts – the use of adequate explanations for the outcome or
decision reached

If there is explanation or justifications for the decisions taken, employees will

be more inclined to accept the

decisions as being just.

The following three elements are central to interpersonal justice perceptions:

i. Neutrality – this is the function of the decision maker. It refers to the elimination of
bias through the use

of facts and accuracy of information. It also refers to openness and honesty.

ii. Trust – the degree to which people believe the decision maker will be fair. It thus
refers to the perceived

intentions of the person. Trust in the decision maker involves the belief that he or she
wishes to treat

people In a fair and compassionate manner

iii. Standing – Refers to the individuals’ concern with their status in the group

The Meaning, Nature and Causes of Conflict

Meaning

Conflict involves some form of competition, differences or tension

Nature

 Conflict in employment relations may be regarded as an inherent part of the

interaction between the parties

 Conflict is a process

 Dynamic and has to do with change

 Typically has some kind of competitive nature

 Always has a cause

Causes

 Different values, attitudes or perceptions

 Different objectives or methods of achieving them

 Differences in information or communication blockages

 Lack of resources

 Skew distribution of resources

 Personality differences

Types

 Perceived conflict

 Real conflict

 Constructive (functional)

 Destructive (dysfunctional)

 Frictional

 Strategic – consciously generated by persons in order to manipulate allocation of

resources, status, authority and
power

 Orchestral

Manage

Can manage conflict through processes such as collective bargaining and third party
intervention

Power Dynamics

Definition: the medium through which divergent aims and interests are mediated and
resolved.

Power is thus closely linked to the processes of addressing and resolving conflict.

Power can be defined at two levels:

o interpersonal level

 One’s ability to influence another person’s behaviour or thinking, so that they

do something they

otherwise wouldn’t do.

 This definition focuses on the relationships between individual people

 Power is relational in the employment context in that it is employed in a situation

involving two or more

parties

o Social Unit Level

 Defined as the realistic capacity of a system-unit to actualise its interests within the
context of system-
interaction and in this sense exert influence on the process of the system

 This definition focuses on the relationship between groups rather than

individuals, and the ability of

groups to influence the processes of the larger system of which they form part

Bases of Power

A. Legitimate Power

 Emerges from the right to issue directives

 Accepted as part of the social structure

 Obeyed because of organisational rank

 Management has ore legitimate power because it assumes higher positions in the
hierarchy

 Labour may have legitimate power through legislation

B. Reward Power

 Power that emanates from the capacity of the group or individuals to confer or
withhold rewards

 Management has this power – bonuses, incentives etc.

 The reward power of unions – their capacity to induce workers to increase

productivity, quality of work,

work longer hours than employers may have

C. Coercive Power
 Refers to the capacity of an individual or
group to use force or coercion through the
use of sanctions or by
withholding desired commodities
 Managers can refuse to pay performance
bonuses
 Unions can threaten to withhold labour
through strike action

D. Knowledge Power

 Possession of specialised knowledge or skills

E. Referent Power

 This power arises out of the force of an individuals personality

 Charismatic people influence others to want to be more like them or to identify with
them

Cooperation and Common Ground Dynamics

The basic common ground = human needs have to be satisfied. This is a basic shared
interest and explains why the parties
come together

Warfare

 The most negative and destructive mode of interaction

 There can be no cooperation – extremely hostile climate – parties act as enemies

 Here the object is to defeat each other

Adversarial Interaction

 Parties relate to each other in clear “us and them” and “we and them” terms

 Competitive and act as adversaries

 The use of power and control mechanisms to “capture territory”

 Win-lose bargaining is frequent

 Deadlocks, disputes and tactics of open confrontation

 Parties reluctantly and with some resistance accept each other

 Levels of trust are very low

Integrative Accommodation

 The basic mode of union management co-operation

 Parties accept each other yet regularly engage in disruptive bargaining encounters

 Parties begin to express the desire to build trust and fully accept each others
legitimate role in the employment

relations system

 Prepared to start experimenting with structures and processes whereby the union
will be able to influence certain
personnel management issues that go beyond traditional concerns

 Parties may even progress toward joint problem solving on “production” related
issues

Partnership

 Levels of trust are very high

 Both unions and management think that “although we are different, we are together
in this”

 Relationship is simultaneously one of independence and interdependence

 Each party has a distinct role to play

 The legal and contractual side of the relationship is downplayed

 Both the union and Management as partners run the business

 Trade unions are viewed as co-equals with management

Identify the macro-external variables shaping the business environment, pay specific
attention to their effect on LR

1. Socio Economic Factors

 Economic growth rate

 Inflation

 Taxation and interest

 E.g. unemployed are often jealous of those who have jobs which could lead to
conflict in the community.

 E.g. poor economic growth can lead managers to be reluctant to increase wages
2. Social and Political Dynamics

 Workers tend to strive to be more involved in management decisions and workers

hence want to be more

informed about organisational issues and developments that may affect their lives

 Workers are increasingly expecting their employers to deliver in terms of

transformation, job creation and

workforce diversification

 Increasing pressure is being put on the private sector to make considerable

contributions towards

combating poverty and raising living standards. E.g. by financing social services

 Crime spills over into the workplace – relevant agreements and codes of
conduct therefore become

essential for order, peace and stability

 Education and training – if employees are not developed, it may threaten the
existence of the

organisation, affecting job creation which is necessary for socio economic growth and
social stability

 Changing value systems of societies – involvement of women in the business and

professional world

Discuss the organisational factors influencing the nature and quality of LR within
organisations (15)

1. General Management Related Factors

 Traditionally management decisions are regarded as being purely the managements
prerogative including

planning around how to grow the organisation. This may include improving aspects
such as productivity

through better resource utilisation – one of the primary resources is human,

therefore it would be

necessary for the organisation to cut back on human resources- these decisions
interplay with

employment relations dynamics

 When you amalgamate with another organisation – LR factors come into play

 Scale down the organisation – fair staff retrenchment practices must be followed

2. Structural Factors

 The way in which work is designed or organised is an area of direct interface with
employment relations

The wider span of control – the more difficult the task of the supervisor becomes

 Too much emphasis on formal structures for communication and control interferes
with the quality of

employment relations

 An organisation with a highly centralised structure will have different employment

relations dynamics to

one which operates along the lines of decentralisation

 Collective bargaining can be centralised or decentralised

3. The Organisational Context

 Contextual factors such as ownership, size, geographic distribution and
location of org can impact

employment relations.

 The more workers an organisation has, the more widely diffused its operations and
sites are, the more

difficult it is to establish sound communication between management and workers

STUDY UNIT 3 – LABOUR RELATIONS: AN OPEN SYSTEMS APPROACH

Provide a Description of LR as an open system

 An open systems approach identifies and maps the repeated cycles of input,
throughput (or transformation),

output and renewed input.

 The premise is that organisations are complex entities operating in a certain

environment, with boundaries

separating the system from its environment.

 Open systems not only recognise what is outside but also adapt to it internally

 The open systems approach focuses attention on a number of complex issues such
as the boundaries of systems –

where one ends and the next begins and who or what belongs to each system

 The emphasis is on multi causality, on relationships and on interaction – in

this sense, LR may be viewed as

processes or structures rather than physical objects or absolutes only

 Key Characteristics Include:

 Concern with problems of relationship and interdependence

 Everything depends on and affects everything else

 The environment affects and is affected by the system and subsystems affect and are
affected by

each other

 E.g. If a company restructures a dept it may have to change the composition of the
workforce,

job descriptions, performance evaluation system, management structure and

other internal

functions. Its relationship with outside entities may also be affected.

 Stability

 A natural tendency of all systems is to maintain stability

 Active effort is required to import more resources than the system outputs in
order to repair

itself, to gather critical information and to exploit opportunities

 Equifinality

 Concept that means that there are many routes to reach the same objective

 Workplace can be implemented as a result of negotiations, by pressuring

management by

training managers or as a result of the influence of society

 Labour is seen as more than a commodity

 Individuals should be acknowledged as people who play pivotal roles in the

system and who make

important contributions to both employer and society

 Inherent conflict of interests

 The framework assumes that inherent in the employment relationship is a conflict of

interests which exists

between employees and employers

Illustrate major components in the framework of the labour approach

The major components include:

 The organisation

Includes:

 Structure

 Objectives

 Products and services

 Policies

 Procedures

 Power, culture and technology

 Social systems roles and norms

 Work tasks

 Job content

 Inputs (Conflict Generation)

Include:

 Interaction

 Causes of conflict

 Selective filtration

 Manifestation of conflict
 Throughput (Conflict Handling)

 Structures, processes and agreements

 Output (Outcomes)

 Organisational and individual outcomes

 Feedback

Describe various organisational aspects of the LR system that occur in the

organisation (15)

The following aspects of the LR system occur in the organisation:

1. Structure

 The nature of the hierarchical and functional division of the organisation

 i.e. big or small; degree of bureaucracy; how much interaction occurs between the
various hierarchical

levels; how formal or informal such interaction is; how complex the org structure is

2. Objectives
 MAIN OBJECTIVE affecting the functioning of the org is survival- therefore over
time the org must produce

goods or services at a profit, ensuring a reasonable ROI

3. Products or Services

 The type of product manufactured or service rendered is what gives and org its
unique identity

 Also determines the industry in which the org is involved, technology to be

employed and the types of

jobs available, number, type and quality of employees

4. Policies and Procedures

 Closely linked with and org objectives

 Polices and procedures are broad guidelines that focus and direct action, forming the
basis of practice in

the organisation

 Serve as yardsticks against which performance is measured

 The practices which results from the interpretation and application of policies
and procedures place

constrains on the range of options available in subsequent decision making by creating

an expectation

that the same response will apply to similar situations in the future

 i.e. grievance procedures

5. Technology
 Transforms jobs

 Rapid technological changes create stress making the workplace more prone to
strikes

6. Social System

 The components of a social system include the following:

 Roles

 Norms

 Power

 Culture

7. Job content and work tasks

 Certain basic operational functions are present in all jobs:

 Sensing

 information storage

 information processing

 decision making

 action

STUDY UNIT 4 – THE LABOUR RELATIONS CONTEXT

Identify the various environmental factors that influence the labour relationship

 Trade regulations

 Labour standards

 Trade unions
 Organised labour

 Tripartism and social corporatism

Give an assessment of the lessons that South Africa can learn from developments in
international Labour Relations

STUDY UNIT 5 – PARTIES TO THE LABOUR RELATIONSHIP

What motivates employees to join trade unions?

Rather than unions, what other motivational strategies or theories can management
utilise to motivate their employees

or retain their employee’s loyalty?

 Participation and involvement – with the aim of weakening or finding an alternative

or parallel mechanism. i.e. the

use of new HRM strategies to weaken the established system of collective

representation. The union is likely to be

weaker at these workplaces.

 Participation and involvement – with the aim of harnessing or building on the

benefits flowing from a strong union

presence. Managers engage with and seek complimentaries within the system
What are the rights of employees according to the LRA?

Section 27, which is in the Chapter on Fundamental Rights in the Constitution

entrenches the following rights:

"(1) Every person shall have the right to fair labour practices.

(2) Workers shall have the right to form and join trade unions, and employers shall
have the right to form and

join employers' organisations.

(3) Workers and employers shall have the right to organise and bargain collectively.

(4) Workers shall have the right to strike for the purpose of collective bargaining.

(5) Employers' recourse to the lockout for the purpose of collective bargaining shall
not be impaired, subject

to subsection 33(l)."

Define the term “Trade Union”

Trade union’s main function is to level the playing fields for management and the
workforce through collective bargaining

.The trade union has the potential to mobilise labour in a collective unit to decrease
the extent of the decision making

autonomy of the employer

Analyse the challenges facing trade unions in the modern world : Answer on page 147
of study guide

External Factors
 New management approach

 Management now sees the workforce in a different light

 The worker has been redefined as part of the org

 Workers are involved in decision making and have a part to play in the ownership of
organisations

 There is increased focus in upskilling workers

 Workers are rewarded with long term contracts, bonuses and salaries have increased
substantially

 Trade Union (TU) relevance has come into question and therefore TU’s have to take
a more conciliatory

approach

 Information Technology

 Growth in free trade markets

 Privatisation

 Flexible labour laws

Internal Factors (refer to the way in which TU’s are managed)

 Working methods

 Incorrect focus

 Inability to organise in a TU

 Decline in Service delivery

 The members uniformity and equality are questioned

 Poor management of funds

 Weak leadership
 Duplication

What are possible solutions to these problems – ANSWER on page 151 of study guide

Define an employer

Defined as the owner or the company/ organisation or enterprise in which employees

are employed

They have a PRIMARY ROLE in the relationship with their employees.

Define employers organisations

A result of many organisations forming a collective so that they have enough power to
negotiate with employees’ trade

unions

Definition of LR Manager

The LR manager has traditionally been seen as on the side of management for
disciplining and punishing employees. From

an IO perspective, the LR manager plays the role of an independent middle man who
manages relations between employer

and employees within the organisation

Definition of “The State”

A set of institutions, comprising the legislature, the executive, central
administration, the judiciary, the police and local

government. It is the institutional system of political domination with a monopoly

over the legitimate use of violence and

over taxation and money supply.

Discuss the significance of the tripartite relationship (15)

The tripartite relationship consists of the following stakeholders – The State, the
employer and the union.

The state

A set of institutions, comprising the legislature, the executive, central

administration, the judiciary, the police and local

government. It is the institutional system of political domination with a monopoly

over the legitimate use of violence and

over taxation and money supply.

The state has a dual role, that of an employer and that of a regulator.

The Employer

Defined as the owner or the company/ organisation or enterprise in which employees

are employed

They have a PRIMARY ROLE in the relationship with their employees.

Sometimes form employers organisations - A result of many organisations forming a

collective so that they have enough

power to negotiate with employees’ trade unions

The LR manager has traditionally been seen as on the side of management for
disciplining and punishing employees. From

an IO perspective, the LR manager plays the role of an independent middle man who
manages relations between employer

and employees within the organisation

The Union

Trade union’s main function is to level the playing fields for management and the
workforce through collective bargaining

.The trade union has the potential to mobilise labour in a collective unit to decrease
the extent of the decision making

autonomy of the employer.

The foundation upon which the tripartite relationship between state, employer and

employee rests is characterised by six basic elements often incorrectly referred to as

"rights". It should be kept in mind that each "right" entails an obligation (Links to an
external

site.)on the part of the person in possession of that right. The party insisting on its
rights

being protected should also subject itself to the protective structure established by the
state

to protect interests (Links to an external site.).

The state's aim in the tripartite relationship is to acknowledge and protect the six basic

elements. As a means to this the state creates framework in the form of legislation
(Links to

an external site.), part of which contains imperative stipulations that have to be

respected

and observed by the parties and others that merely create machinery to be utilised by
the

parties as desired.

The right to work

On the other hand the employer has the right to demand that:

 The agreed-upon work will in fact be performed by the employee;

 An employee will work under the authority (Links to an external site.), supervision
and control of the

employer;

 He will have the freedom to appoint the worker of his choice regardless of race,
colour, sex or

membership of a trade association (Links to an external site.) or not;

 The employee is competent and capable of perform the work agreed upon.

To protect these rights the state has amongst others introduced the following
measures:

 The scrapping of work reservation;

 The abolishment of any form of distinction on the basis of race, colour or sex;

 As far as possible a system of self-governing (Links to an external site.) by

employers and employees.

The right to associate

This right entails the individual right of employers and employees to associate with
each

other and to organise in an employers' organisation or trade union. The right also
implies a

freedom to decide whether or not to join an employers' organisation or trade union.

The
person who has elected in favour of association is however compelled to subject
himself to

the rules applicable to the group and to adhere to the agreements entered into by the

group.

An employer who victimises an employee on the grounds of membership of or

participation

in trade unions is also guilty of a misdemeanour (Links to an external site.).

The right to collective bargaining

Employers as well as employees embrace the need to regulate on a firm base the

relationship between them and disputes that may arise. By creating a forum where

employers and employees meet on an equal footing, the imbalance in bargaining

power between the two parties is eliminated.

From a practical point of view it is almost impossible for the employer to organise the

relationship with each employee individually. By exercising the right to association,

individuals with the same rights, needs and interests are grouped together following
which

these group interests can be negotiated collectively. The resulting agreements are not
only

binding and enforceable, but ensure equal treatment, promote standardisation (Links
to an
external site.)and stimulate labour peace.

The right to withhold labour

The retention of labour is an age-old coercive measure when employer and employee

clash. Since the relationship between employer and employee is based on service, the
right

to strike is an extreme and final measure supposed to be applied only when bargaining

could not bring about acceptable service conditions and wages. This right is two-sided
in

the sense that employers (in the form of a lockout) as well as employees (in the case
of a

strike) can employ it as an aid.

The right to protection

The employee's right to protection implies an obligation on the side of the state and

employers to provide sufficient, healthy and safe working conditions (Links to an

external

site.). The employer also has the right to expect the employee to be aware of this
measure

and to adhere to it.

A legion of measures exists in South African labour legislation aimed at protecting

workers
and which amongst others provides for indemnification for workers, insurance against
trade

diseases and injuries, unemployment insurance and safety in working conditions.

The right to be trained

The right to be trained is a component of the complete development of the human

personality. It is only through better training that spiritual and physical productivity in
the

workplace (Links to an external site.)can be improved. Also in the workers' choice of

training programmes the principle of no discrimination on the basis of race, colour or

gender

applies and subsequent training only on merit and achievement.

Laws governed by The Department of Labour regulate human resources training in

South Africa.

Summary

Labour relations are characterised by certain processes in terms of which the

relationship is

regulated and stabilised. These processes are not unique to the labour field but in the

labour field it forms part of the formal structure and principles in terms of which the
relationship is arranged.

Distinguish between different types of trade unions (15)

The following unions are listed by COSATU as their affiliate unions:[7]

 Chemical, Energy, Paper, Printing, Wood and Allied Workers' Union (CEPPWAWU)

 Creative Workers Union of South Africa (CWUSA)

 National Education, Health and Allied Workers' Union (NEHAWU)

 National Union of Mineworkers (NUM)

 Police and Prisons Civil Rights Union (POPCRU)

 South African Commercial, Catering and Allied Workers Union (SACCAWU)

 Southern African Clothing and Textile Workers Union (SACTWU)

 South African Democratic Nurses' Union (SADNU)

 South African Democratic Teachers Union (SADTU)

 South African Medical Association (SAMA)

 South African Municipal Workers' Union (SAMWU)

 SASBO – The Finance Union

 South African Security Forces Union (SASFU)

 South African Transport and Allied Workers Union (SATAWU)

The following affiliated unions have suspended their participation in COSATU due to
the expulsion of

the National union of Metalworkers of South Africa.[1]

 South African Commercial, Catering and Allied Workers Union (SACCAWU)

 Communication Workers Union (CWU)

 Food and Allied Workers Union (FAWU)

 South African State and Allied Workers' Union (SASAWU)

 Public and Allied Workers Union of South Africa (PAWUSA)

 Democratic Nursing Organisation of South Africa (DENOSA)

 South African Football Players Union (SAFPU)

Explain the role of a shop steward (10)

Shop Stewards are employees elected by their unionised colleagues to represent them
in dealings with management

A trade union representative has the right to perform the following functions-

(a) at the request of an employee in the workplace, to assist and represent the
employee in grievance and

disciplinary proceedings;

(b) to monitor the employer's compliance with the workplace-related provisions of

this Act, any law

regulating terms and conditions of employment and any collective agreement binding
on the employer;

(c) to report any alleged contravention of the workplace-related provisions of this

Act, any law regulating

terms and conditions of employment and any collective agreement binding on the
employer to-

(i) the employer;

(ii) the representative trade union; and

(iii) any responsible authority or agency; and

(d) to perform any other function agreed to between the representative trade union
and the employer.

(5) Subject to reasonable conditions, a trade union representative is entitled to take

reasonable time off with pay during

working hours-

(a) to perform the functions of a trade union representative; and

(b) to be trained in any subject relevant to the performance of the functions of a trade
union representative.

Discuss the role of employer organisations in South African organisations (10)

Employers’ organisations are needed for a number of reasons, including effective

collective bargaining. This is

an important way of determining employees’ wages and benefits and regulating

industrial relations. They also

provide a united way for sectors to engage government and legislative bodies on
national policies that affect

different industries. Employer organisations can also supply their members with
information on training, legal

services and labour relations.

What are employers’ rights?

All employers have a right to:

 Form an employers’ organisation

 Join an employers’ organisation

 Take part in lawful employers’ organisation activities

 Be protected from anyone who discriminates against them because of their
membership or activities.

Do employers’ organisations need to be registered?

No. Employers’ organisations do not have to register with the Department of Labour.
However, they are

advised to do so. If employers’ organisations wish to be registered, their constitutions

have to meet certain

requirements, such as there must not be any provision in the constitution that
discriminates on the grounds of

race or sex.

The registrar of labour relations has the power not to register, or to withdraw the
registration of an employers’

organisation if it proves not to be a genuine employers’ organisation.

What are the rights of the organisation?

All employers’ organisations have a right to:

 Perform lawful activities

 Form or affiliate with national and/or international trade union or employers’

federations

 Fund or be funded by such international federations.

STUDY UNIT 6 – NATURE OF LABOUR CONFLICT AND DISPUTE

Describe the concepts Conflict and Dispute (5)

Conflict

 Conflict exists in a relationship when parties believe that their aspirations

cannot be met simultaneously, or

perceive a divergence in their values, needs or interests and purposefully employ their
power in an effort to defeat,

neutralise or eliminate each other to protect or further their interests in the interaction

 Conflict refers to a breakdown in standard mechanisms of decision making

 Conflict is also thought to exist in mixed motive relationships where persons have
both competitive and cooperative

interests

Types of conflict

 Bargaining Conflict – conflict emerging from bargaining among interest groups in

competition for scarce resources

 Bureaucratic Conflict – conflict between parties to a superior subordinate

relationship

 Systems conflict – refers to lateral conflict or conflict among parties to a functional

relationship

 Conflict arising from conditions (e.g. personality and ideology) within the party

 Conflict arising from conditions (e.g. rules, scarcity of commodities) outside the
party

 Affective Conflict – conflict in interpersonal relationships

 Substantive Conflict – conflict involving the group’s task

 Dimensions of conflict (Pinkley) are as follows:

 Relationship versus task

 Emotional versus intellectual

 Compromise versus win

 Five conflict management styles:

 Dominating – high concern for self and low concern for others or the task

 Obliging – low concern for self and high concern for the other

 Avoiding – Low concern for self and other

 Integrating – High concern for self and other

 Compromising – Moderate concern for self and other

Dispute

 A situation where one party has a set demand and the other party has either rejected
the demand or allowed an

unreasonable ime to elapse without dealing with it properly

 The LRA describes a dispute as including “alleged dispute” and makes the
distinction between a grievance, demand

and a dispute.

 A dispute can be described as a grievance that has reached a more formal stage
to the extent that it must be

referred outside of the org for resolution.

Explain the elements of conflict which play an important role in analysing conflict
(15)
The elements of conflict are as follows:

1. Conflict only arises in a relationship

 Parties have to be in relative proximity to each other as a pre-requisite for a clash of

beliefs or perceptions

 A conflict situation has the following characteristics:

 There is some kind of interaction

 Goals are perceived to be mutually exclusive

 Interaction is designed to reduce or suppress the opponent by the use of power

2. Conflict is not always visible (latent)

 Refers to conflict that is dormant or sealed – underlying conflict has not yet
manifested itself

 One reasons could be that there are no clear grievance procedures in place
that would be helpful in

indicating that there are problems

 It could also be that there is a lack of trust and employees fear being victimised

 Latent conflict originates from the perceptions of the parties about the divergence
in their values and

needs

3. Perceptions about the same interests

 Conflict arises when there are DIFFERENT perceptions about the same thing

 There is a perceived clash of aspirations and the perspectives of the parties intersect
at some point

 To change perceptions – provide other party with facts and knowledge

 In many cases, information is only provided in the dispute phase when
parties are forced to reveal

information

4. Manifestation of conflict

 When conflict reaches a point beyond what is perceived as tolerable – becomes

manifest conflict

 This is visible conflict where a specific issues can usually be named and the
aggrieved party usually claims

something from the other party who is often blamed for the conflict

 The process of naming and blaming is a pre-requisite for successful dispute

resolution

5. Mechanisms for dealing with conflict

 Conflict at this stage becomes a grievance procedure, disciplinary procedure or an

interest dispute

 Parties can define their problem and claim whatever it would take to resolve the
conflict

 Parties consider availing themselves of the remedies open to them to protect their
interests

6. The formalisation of conflict

 If the conflict cannot be resolved through the available internal methods, it is

referred to a third party

 A dispute must be formulated properly according to the LRA and referred in the
prescribed manner

 It must be clearly stated who is responsible for the dispute and what the nature of
the dispute is and what

would be needed to resolve the dispute

7. The effect of time

 Conflict becomes more formalised as time goes by and as the conflict is left
unresolved

 A conflict is transformed into a grievance and then into a dispute

 By the time conflict becomes a dispute aggravating factors have intensified it

8. The use of power

 Power plays a pivotal role in transforming latent conflict into manifest conflict

 Conflict itself is rooted in the power relationship

Explain the origins and the different types of conflict (15)

Origins of conflict

 Early theorists – conflict is detrimental

 Modern theorists – conflict can be beneficial

 Early social theorists (Marx and Webber) – viewed group conflict as and inevitable
outgrowth of the social class

system or org hierarchy. This view sought harmony and cooperation in the workplace
as desirable ends towards

conflict.

Conflict has traditionally been viewed as something to be avoided and with a

somewhat negative connotation. Early

theorists suggested that conflict is detrimental to the functioning of the organisation.

However, modern theorists are of

the view that conflict is also beneficial and it only needs to be managed through
negotiation or structural adaptation.

Conflict exists in a relationship when parties believe that their aspirations cannot be
met simultaneously, or perceive a

divergence in their values, needs or interests (latent conflict) and purposefully employ
their power in an effort to defeat,

neutralise or eliminate each other to protect or further their interests in the interaction
(manifest conflict). Conflict is a

breakdown in standard mechanisms of decision-making. Latent conflict refers to

conflict that is dormant or concealed. It

might seem as if there is no conflict but often it is simply due to circumstances that the
underlying conflict has not

manifested. Manifest conflict is when conflict reaches a point beyond what is

perceived as tolerable. This is visible conflict

where a specific issue can usually be named and the aggrieved party usually claims
something from the other party, who is

often blamed for the conflict.

Different types of conflict may be identified. There is perceived and real conflict, as
well as constructive (functional) and

destructive dysfunctional conflict. A distinction can be made between frictional and

strategic or orchestrated conflict. The

former is the spontaneous result of an interaction within the formal structure of an

enterprise. It is inherent in and results

from interaction between people with different personalities who occupy different
positions within an organisation.
Strategic conflict is consciously generated by persons in order to manipulate the
allocation of resources, status, authority

and power.

The emerging five management styles of conflict from the dual concern model have
been classified as:

Conflict can be classified as bargaining, bureaucratic and systems conflict. Bargaining

conflict refers to the conflict

emerging from bargaining among interest groups in competition for scarce resources,
bureaucratic conflict or conflict

among parties to a functional relationship. Conflict can be distinguished on the basis

of the origins in term of personality,

ideology, rules and scarcity of commodities.

Conflict can be distinguished between those based on task and those based on
interpersonal relations. They are referred

to as affective and substantive conflict. Affective conflict refers to conflict involving

interpersonal relations and

substantive conflict refers to conflict involving the group’s task.

There is also cognitive conflict, task-related and social–emotional conflict arising

from interpersonal disagreement not

related to the task. A multidimensional scaling study revealed the dimensions of

conflict as:
The second dimension of emotional vs intellectual conflict seems to suggest that
conflict can also be affect laden. Process

conflict is conflict about how task accomplishment should proceed in the work unit,
who is responsible for what and how

things should be delegated. Thus conflict types are task, relationship and procedural
with relationship conflict focusing on

relationship, task and goals of work and process conflict on how the work gets done.

Describe the escalation process of conflict into a dispute

The escalation process of conflict into a dispute is as follows:

1. Latent Conflict – TOLERABLE CONFLICT

 Not yet manifested

 The possibility of conflict was inherent in the relationship

 There is an aggravating factor

2. Trigger Factor – NAMING

 You are able to “name the conflict”

 Are able to identify the dispute in terms of the LRA

3. Manifestation of the Conflict – MANIFESTATION

 A formal grievance is lodged – conflict has reached a formal level

 A grievance procedure is in place to bring grievances to the attention of the

employer

 The general attitude becomes increasingly negative

4. The Grievance Phase – BLAMING

 Purpose of a grievance is to handle the complaint formally

 It acts as a safety valve to reduce tension and may be seen as a moderator in conflict

5. Dispute

 Dispute id referred to outside the organisation – CCMA

 HR has to prep documentation according to the LRA and needs to attend

conciliation meeting

6. The Formalisation of the Conflict

 The following factors play a role in the formalisation of the conflict:

 Involvement of other parties in the dispute

 Not following proper procedures – not following internal grievance procedure

correctly

 Importance of internal mechanisms

 Influence of others
 The remedy sought – what the party wants will affect the manner in which the party
formulates

the terms of the dispute – CLAIMING

STUDY UNIT 7 – CONFLICT AND DISPUTE RESOLUTION SYSTEMS

Critically explain the role or function of the CCMA in dispute resolution

According to Bendeman (2003), the CCMA was established as a dispute resolution

institution based on the principles of

ADR as it was intended that as many disputes as possible should be resolved through
conciliation, resulting in a minority of

disputes going to arbitration or to the Labour Court. It was also intended that the
CCMA should promote effective

strategies for dispute prevention. However, this objective was not achieved owing to
the high rate of referrals to the

CCMA because of employers’ inability to deal successfully with conflict internally.

The CCMA also requires lengthy and

specific internal procedures and employers and employees are penalised for not
knowing or adhering to these

prescriptions in the LRA.

South African employers and employees are relying heavily on the Commission to
resolve their labour problems rather than

resolving these problems internally. While it may be convenient to delegate

disputes, the process is a costly and time-

consuming one. These attempts at preventing disputes do not address the concerns
of this study, namely the fact that
employers are reluctant to try ADR at company level owing to the rigidities in the
current dispute resolution system

Theron and Godfrey (2002), in the article entitled “The labour dispute resolution
system and the quest for social justice: A

case study on the CCMA, unfair dismissals and small business” in the study reader pp.
257 to 259, discuss the two CCMA

processes of conciliation and arbitration in dispute resolutions. Note that in some

situations the CCMA may decide to handle

the two processes in one sitting as a “con-arb” hearing on the proviso that both
disputing parties agree to the process.

The CCMA comprises TWO processes:

3. Conciliation

 Utilised for any kind of dispute from disputes of “mutual interest” which parties
may ultimately chose to

resolve through industrial action to “disputes of right”

4. Arbitration

 Entails a formal hearing in which the respective parties present evidence and the
arbitrator produces a

written ruing

 Arbitration is deemed to be more important that conciliation because the outcome is

determined by a

third party.
 The CCMA has exclusive jurisdiction to arbitrate certain disputes including cases of
unfair dismissal related

to conduct and/or capacity.

Discuss the role or powers of the labour court in dispute resolution

The labour court as part of dispute resolution has powers to enforce court judgements
on labour issues.

Powers of Labour Court

(1) The Labour Court may-

(a) make any appropriate order, including

(i) the grant of urgent interim relief;

(ii) an interdict;

(iii) an order directing the performance of any particular act which order, when
implemented, will

remedy a wrong and give effect to the primary objects of this Act;

(iv) a declaratory order;

(v) an award of compensation in any circumstances contemplated in this Act;

(vi) an award of damages in any circumstances contemplated in this Act; and

(vii) an order for costs;

(b) order compliance with any provision of this Act;

(c) make any arbitration award or any settlement agreement an order of the Court;
(d) request the Commission to conduct an investigation to assist the Court and to
submit a report to the Court;

(e) determine a dispute between a registered trade union or registered employers'

organisation, and any one of the

members or applicants for membership thereof, about any alleged non-compliance

with -

(i) the constitution of that trade union or employers' organisation (as the case may be);
or

(ii) section 26(5)(b);

(f) subject to the provisions of this Act, condone the late filing of any document with,
or the late referral of any

dispute to, the Court;

(g) subject to section 145, review the performance or purported performance of any
function provided for in this

Act on any grounds that are permissible in law;

(h) review any decision taken or any act performed by the State in its capacity as
employer, on such grounds as

are permissible in law;

(i) hear and determine any appeal in terms of section 35 of the Occupational Health
and Safety Act, 1993 (Act

No. 85 of 1993); and

(j) deal with all matters necessary or incidental to performing its functions in terms
of this Act or any other law.

(1A) For the purposes of subsection (1)(c), a settlement agreement is a written

agreement in settlement of a dispute that

a party has the right to refer to arbitration or to the Labour Court, excluding a dispute
that a party is only entitled to
refer to arbitration in terms of section 22(4), 74(4) or 75(7).

(2) If at any stage after a dispute has been referred to the Labour Court, it becomes
apparent that the dispute ought to

have been referred to arbitration, the Court may-

(a) stay the proceedings and refer the dispute to arbitration; or

(b) with the consent of the parties and if it is expedient to do so, continue with the
proceedings with the Court

sitting as an arbitrator, in which case the Court may only make any order that a
commissioner or arbitrator

would have been entitled to make.

(3) The reference to "arbitration" in subsection (2) must be interpreted to include

arbitration-

(a) under the auspices of the Commission;

(b) under the auspices of an accredited council;

(c) under the auspices of an accredited agency;

d) in accordance with a private dispute resolution procedure; or

(e) if the dispute is about the interpretation or application of a collective agreement.

(4)(a) The Labour Court, on its own accord or, at the request of any party to the
proceedings before it may

reserve for the decision of the Labour Appeal Court any question of law that arises in
those proceedings.

(b) A question may be reserved only if it is decisive for the proper adjudication of
the dispute.

(c) the decision of the Labour Appeal Court on any question of law reserved in
terms of paragraph (a), the

Labour Court may make any interim order.

Critically explain the role or powers of the labour appeal court dispute resolution

The Labour Appeal Court is another dispute resolution structure within the
dispute resolution system. It has been

established to resolve disputes that were addressed by the CCMA and the labour court
structures

Powers of Labour Appeal Court on hearing of appeals. The Labour Appeal Court has
the power-

(a) on the hearing of an appeal to receive further evidence, either orally or by

deposition before a

person appointed by the Labour Appeal Court, or to remit the case to the Labour
Court for

further hearing, with such instructions as regards the taking of further evidence or
otherwise as

the Labour Appeal Court considers necessary; and

(b) to confirm, amend or set aside the judgment or order that is the subject of the
appeal and to give

any judgment or make any order that the circumstances may require.

Establishment and status of Labour Appeal Court

(1) The Labour Appeal Court is hereby established as a court of law and equity.

(2) The Labour Appeal Court is the final court of appeal in respect of all judgments
and orders made by the Labour

Court in respect of the matters within its exclusive jurisdiction.

(3) The Labour Appeal Court is a superior court that has authority, inherent powers
and standing, in relation to matters

under its equal to that which the Supreme Court of Appeal has in relation to matters
under its jurisdiction.

(4) The Labour Appeal Court is a court of record.

STUDY UNIT 8 – NATURE OF NEGOTIATIONS

Illustrate various applications of the stages of the negotiation process (15)

There are four main stages in the process of negotiation:

1. Preparation

 Establishing the issues

 Getting quality information

 Prepping the case and encounter

2. The Opening Phase

 Creating a positive climate

 Stating your case and finding out their case

3. Getting Movement to Reach Agreement

 Challenging their case

 Responding to challenges to your case

 Making concessions

 Trading or linking and moving to reach agreement

4. Closure

 Summarising and recording agreements

 Establishing monitoring ad review procedures and building for the future

Within these four stages, there are a number of issues which run through the whole
process of negotiation, these are:

 Clarity of focus

 Defining the issues

 Having a clear and simple case

 Using different types of information from a variety of sources

 Taking time before making decisions

 Flexibility of strategy

 Finding out about what the other party and what they want

 Taking a long term perspective

 Win-win values

 Having respect for the other party and what they want

 Considering a wide range of options and outcomes

 Ensuring both parties clearly present their case

 Cooperating openly to achieve mutually acceptable outcomes

 Win-win interactive skills

 Showing personal warmth

 Seeking information and clarification

 Being open and non-defensive

Identify and describe key issues that characterise the negotiation process (15)

Within these four stages, there are a number of issues which run through the whole
process of negotiation, these are:

 Clarity of focus

 Defining the issues

 Having a clear and simple case

 Using different types of information from a variety of sources

 Taking time before making decisions

 Flexibility of strategy

 Finding out about what the other party and what they want

 Taking a long term perspective

 Win-win values

 Having respect for the other party and what they want

 Considering a wide range of options and outcomes

 Ensuring both parties clearly present their case

 Cooperating openly to achieve mutually acceptable outcomes

 Win-win interactive skills

 Showing personal warmth

 Seeking information and clarification

 Being open and non-defensive

Describe conflict handling as a negotiation approach

Negotiation may involve the following are the modes of conflict handling:

Describe influencing as a negotiation approach

Manning and Robertson (2004) broadly describe the concept of influencing as one of
the negotiation approaches in the

following six influencing strategies:

1. Reason - parties using reason, information and logic to justify a request

2. Assertion – making a direct request for what the parties want

3. Exchange – parties working together for mutual overall results and benefits

4. Courting favour – party bringing itself into favour with the other party

5. Coercion – party using or threatening power and sanctions

6. Partnership – parties enlisting support of others at all levels

The three dimensions of influence are the following:

-opportunist: The strategist uses reason, assertion and partnership to influence others.
Opportunists court

favour to influence others but avoid reason, assertion and partnership.

ator-battler: Collaborators use partnership, reason, exchange and courting to influence

others, without coercion

and assertion. Battlers tend to use coercion and assertion and not partnership, reason,
exchange or courting favour.

-shotgun: Bystanders tend to essentially engage in relatively few attempts, using few,
if any, influence

strategies. Shotguns tend to engage in a relatively large number of influence attempts,

employing many strategies.

STUDY UNIT 9 – INDUSTRIAL ACTION AND STRIKE HANDLING

Explain the important aspects pertaining to legality of strikes in SA (15)

 Section 23 of the constitution acknowledges the right of every employee to strike

 A strike or lockout is prohibited when:

 A collective agreement prohibits such action in terms of the issue in dispute

 The issue in dispute is one which must be referred to arbitration or the Labour Court

 The parties are engaged in essential services or maintenance services

 The issue in dispute is regulated in an arbitration or collective agreement or

an award made by the

Minister

 A determination made ito the BCEA regulates the dispute, but only during
the first year of such

determination

 A strike or lockout will be protected if the following procedures are followed:

 The dispute must be referred to a bargaining council/ statutory council with

jurisdiction or to the CCMA

for conciliation

 If the disoute cannot be resolved by means of conciliation, a certificate must be

obtained from the council

or CCMA stating that it remains unresolved

 The union must give at least 48 hours notice of the intended strike

 The failure of TU’s to comply with the provisions above does not affect the legality
of a strike, but there are some

instances where the above procedures do not apply:

 The parties to the dispute are members of a council and the dispute has been dealt
with by that council in

accordance with the constitution

 The employees strike in response to an unprocedural lockout by their employee

 The employee locks out their employees in response to their participation in an

unprotected strike

 If a person takes part in a protected strike, this does not constitute a delict or breach
of contract

 An employer may not dismiss an employee for participating in a protected strike

 An employer may dismiss an employee for misconduct while participating in a

strike or for reasons based on the

employers operational requirements

 Participation in an unprotected strike may constitute a fair reason for dismissal as
determined by the Codes of

Good Practice

Explain why strikers may be dismissed (5)

Strikers may be dismissed for the following reasons:

 Reasons of conduct during the strike such as acts of violence, intimidation, assaults
and/or malicious damage to

persons and property

 Reasons based on the employers operational requirements

 Participation in an unprotected strike constitutes misconduct and misconduct

during the course of a protected

strike can lead to dismissal.

Discuss the procedures that must be followed in the dismissal of strikers (10)

Dismissal for Misconduct:

 The dismissal must be done with due regard for the Codes of Good Practice for
Dismissals

 The audi alteram (the employee must be given a hearing) rule must always apply

 There needs to be identification of the perpetrators of acts of violence during the

strike and this must also be done

in accordance with procedural and substantive fairness

Dismissal for Operational Requirements:

 Fair procedure must be followed

 The reason for dismissal (factual causation) must be determined – if the reason is
for a protected strike and not for

operational requirements, the dismissal will be automatically unfair

 Determine legal causation

 Prior to the dismissal the employer must contact te TU official to discuss the course
of action it needs to adopt

 The employer should issue an ultimatum in clear and unambiguous terms that
should state what is required of the

employees and what sanction will be imposed if they do not comply with the
ultimatum

 The employees should be allowed sufficient time to reflect of the ultimatum

and to respond to it, either by

complying or rejecting it

 The audi alteram (the employee must be given a hearing) rule must always apply

STUDY UNIT 10 – PERSUASIVE COMMUNICATION

Discuss the major functions of the communication process that have been identified
for negotiators (5)

 Discovery – to ascertain information regarding the values and preferences of others

 Disguise – of one’s own values and preferences

 Manipulation – of other’s behaviour

 Relationship shaping – the degree of trust or attraction the parties invest in each
other
Discuss the various aspects that encompass the communication process (15)

Communication

 People use a variety of means to transmit their thoughts and feelings

 Language or verbal, nonverbal signals such as body language, semi-verbal

signals such as expressive sounds,

laughter or sighs, written or symbolic media

 Communication can be TASK ORIENTATATED – ask for or give suggestions,

opinions, directions or information

 Communication can be SOCIAL EMOTIONAL:

 Positive – giving help, raising other’s status, relieving tension, agreeing, accepting
or complying

 Negative – disagreeing, passively rejecting, withholding help, sowing tension,

withdrawing, defending

 The communication process comprises the following:

 The transmitter of the message

 The message itself

 And the receiver thereof

 Communication is characterised by a complex combination of verbal signals, facial

expressions, tones of voice and

bodily stances

 Effective communication demands organised thought, clear expression and focussed

listening

 The following are assumptions about communication as a transactive process:

 It occurs and is influenced by a situation

 Each communicator creates and interprets words and actions

 Each has an effect and is affected by the other

 Any communication factor can be seen as a cause or effect, depending on the

perspective taken

Analyse the concept reframing by providing examples (10)

 Reframing is the skill of recasting a position in a manner which directs attention

back to the problem of satisfying

both parties’ interests. “Changing the game by changing the frame” The key purpose o
the technique is to turn a

positional process into a problem-solving process

 Stonewall positions might be turned into aspirations in discussion

 Personal attacks might be directed to a problem focus

 “us and them” language might be reframed into “we” language to make it a
joint problem with shared

responsibilities

 The CENTRAL TOOL IS THE QUESTION

 Ask the following:

 Problem solving questions

 Ask what their concerns are

 Ask for help in understanding a position

 Uncover interests and needs

 Ask what is in the way

 Ask what if

Discuss the persuasion and attitude strategy (15)

Attitude Strategy

Two well-known psychological concepts that are useful for changing attitudes are as
follows:

 Social reinforcement

 Attitudes may be changed when a person realises that his beliefs are not in
agreement with group norms

ow when there is a communication of what must be done to avoid punishment, be

rewarded or be rational

 Psychological and social consistency

Persuasion Strategy

Persuasive communication that may results in the changing of attitudes involves:

 The credibility of the communicator (persuader)

 More successful if they have prestige, attractiveness and credibility

 These perceptions tend to be rooted in their perceived knowledge, expertise,
judgement, past successes,

good intentions

 Effective persuaders share some common values or interests with their audience

 Peers are more effective in value related situations

 Experts are more effective where factual knowledge is to be transmitted

 Personal characteristics are important even if they have little apparent

relevance to the issue under

discussion

 The organisation of the communication (message)

 Where an audience is friendly or amenable to change, or the presenter’s is the only

opinion – only ONE

side of the argument is needed

 If an audience starts out disagreeing with him, or if they hear another view
elsewhere, then BOTH sides

should be given

 All messages designed to modify attitudes occur in three stages:

 Drawing attention and arousing interest

 Emotional stimulation

 Showing how tension created can be relieved

 The situation (audience and target groups) in which the communication takes place

 People do not simply hear messages, they avoid, misconstrue and distort them
according to their needs

and biases
 People with a low self-esteem are more easily influenced than others and more
easily persuaded

 The external factors (the constituency which group the person belongs to)

 Called referent groups

 Processes of conformity are important factors in understanding the behaviour of

people in groups

STUDY UNIT 11 – OUTCOMES AND FEEDBACK

Describe the possible outcomes or effects of conflict handling for the organisation and
the individual (10)

Organisational Outcomes

Probable effects of conflict handling intervention on the organisations include:

 Communication implications

 What do employees and first level supervisors need to know about what has
happened

 Productivity Changes

 What influence has the intervention had on productivity levels?

 Adjustments to price levels

 What changes need to take place to cover the cost of the intervention?

 Labour turnover

 Has the labour turnover increased or decreased?

 Adjustments to policies and procedures

 What changes need to take place as a direct result of the intervention?

 Abseteeism

 Has the absenteeism rate increased or decreased?

 Changes in quality levels of employees products or services

 Varying degrees of goal attainment – to what extent have the organisations goals
been achieved?

 Changing power levels – in whose favour does the balance of power now lie?

Individual Outcomes

Probable effects of conflict handling intervention on the individual include:

 Degree of goal attainment – satisfaction or frustration

 Stress – what sort of stress is being experienced? Very stressed? What can be done
to assist them?

 Job security or unemployment – has job security been enhanced?

 Psychological health

 Shop-floor interaction

 Changing levels of power and commitment

Explain the meaning of feedback in the Labour relations system (5)

The process of LR occurs within a certain organisational and environmental context

and consequently the components of
the process and this context mutually affect one another. The behaviour of the parties
in each of the three main stages

(Input, throughput, output) may influence both the organisation and the environment
and may, in turn, be returned to the

parties as feedback which re – enters the process to exert further influence

e.g.

 Wage increase by union = increased pricing of an organisations product

 Leading to inflation and consumers having to pay more for the product

 Inflations exerts its own pressure on society (including the actual employees)

 The union demands and even bigger increase during the following round of
negotiations

What are the implications of labour relations for IO? (15)

ANSWERS ON PAGES 383-387

Recruitment and selection

Training
Performance Evaluation

Promotions

Job Satisfaction

Motivation

Job Evaluation
Quality of work life (QWL)

Organisational Communication

Termination Procedures

Other Implications Include:

 Evidence that unionism is related to labour turnover

 Abseteeism is exacerbated by unionism since collective bargaining makes it more

profitable for employees to be
absent

 Job security is improved by protection against arbitrary action and retrenchment

provisions in union –organisation

agreement

 The relationship between unions and productivity is still unclear