bargaining councils and workplace forums. The labour relations are affected by the ideology of the day, the socio-political forces, and economic forces amongst others.
Collective bargaining in SA is based on the principle of voluntarism; however, a system of complete voluntarism does not exist. Bargaining Councils create a forum for collective bargaining and indirectly maintain labour peace. Bargaining council agreements contain mainly substantive items but may also include a peace obligation which is a declaration of good faith on both sides as well as the procedure for initiating negotiations. Bendix (2010:302) states that management should be willing to negotiate on any matter directly affecting the welfare of union members. Three levels of engagement occur and that is through the Local Government Forum, Divisional Bargaining Council and the National Bargaining Council. The Main Collective Agreement entered into is intended as a reference work for all labour relations practitioners, union officials and trade union representatives involved in local government.
Effective communication is vital. Organisational communication is more often of a formal nature, but informal channels can be invaluable. Communication, according to the ILO is important for the promotion of sound labour relations. Tustin and Geldenhuys (2002:135) concur with Bendix that communication is extremely important in the context of labour relations. An important fact normally omitted is the ‘aftercare’ of strike action as the conflict that gave rise to a strike action is not
necessarily resolved when the strike is resolved. What may prove valuable are follow-up engagement sessions between employers and unions.
The labour legislation in SA has similarities with international labour legislation as guided by the various ILO conventions and recommendations. This research briefly explored experiences in New Zealand, Britain and the USA as a comparison.
It is estimated that municipal strikes costs the country about R15m per day. The cost of strike action as explained by Bendix (2010: 658) is never without loss to either side and possible strike action should be considered carefully from both sides.
Supporting the notion of more constructive engagement and the resultant positive outcomes on a local level is the Nelspruit Municipality which supports research question (c). International examples are encapsulated in the survey conducted by APSE where frequent involvement of unions in service improvement initiatives resulted in more constructive engagement. Bramah and Wakefiled conclude that active and genuine engagement goes beyond statutory consultation and that in order to maximize benefits, it is vital that the local authority employers and trade unions agree a clear set of principles for engagement and involvement. “Engaging for Success”, a Berr report, points out that “structured employee voice and partnership working with trade unions were recognized as a key component of effective engagement”.
January 2012 | Management Today 45
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