Judgment forces rethink

MINORITY UNIONS: EMPLOYERS WILL HAVE TO CHANGE APPROACH IN DEALING WITH THEM

Unlike before, they now enjoy organisational rights.

An expert says in the light of the recent Constitutional Court judgment that gave minority unions the same organisational rights as the majority union represented at plant level, employers would have to rethink their approach and strategy when dealing with minority unions.

Osborne Molatudi, a partner at Hogan Lovells South Africa, says the ruling has opened a new avenue that would force companies to adopt a new attitude towards minority unions which previously did not enjoy organisational rights.

“From this judgment on rights of minority trade unions in the workplace, of significance is that employers may no longer deny certain organisational rights to minority trade unions, simply because of an existing collective agreement concluded with a majority trade union,” Molatudi said.

Molatudi said employees who were members of a minority trade union could still give a mandate to the union to initiate discussions, referred to as bargaining, with their employer with a view to obtaining limited organisational rights, such as access to workplace, deduction of union subscription fees and representation in some internal enquiries.

“Minority trade unions may view this judgment as opening doors for them in respect of further rights pertaining to grievance and disciplinary enquiry representation, as well as representing their members during restructuring exercises,” he said.

He said employers would have to obtain legal advice before considering whether or not to conclude an agreement with a minority trade union – especially where another agreement, on the same or similar rights, was in place with a majority trade union in that workplace. –