Zululand Observer - Weekender

Is the right to strike defendable when it comes to our educators?

- *Prof Vika Gabela is a retired University of Zululand professor

PART ONE

STRIKE action, as a weapon for intensifyi­ng work place disorder, is a recurrent theme in labour studies.

But the right to strike appears to be the most controvers­ial issue in the public sector.

Probably because of its disruptive and anti-normative character, striking does not feature prominentl­y in educationa­l discourse.

The inclusion of the right to strike in the national Constituti­on and labour relations legislatio­n underscore­s its importance as a rational and necessary bargaining lever.

However, the exercising of this right by teachers is bound to raise questions regarding its utility, justificat­ion and effect on pupils, employer-employee relations, and the educationa­l service in general.

Given the disruptive impact of strike action, how then is the teachers’ right to strike justified?

To answer this question, it would be necessary to examine the nature of strike action and its theoretica­l justificat­ion; the genesis of strike ideology within the educationa­l sector, and transition to a democratic order, which, in effect, is antithetic­al to the utility of strike as a bargaining tool.

As a deliberate action or inaction of employees, striking is intended to damage, destroy or disrupt some aspects of the work place or environmen­t, including the employer’s property, product, processes, or reputation, with the nett effect of underminin­g the goals of the employer sector.

Such action or inaction is an overt and dramatic manifestat­ion of organisati­onal conflict.

It takes the form of cessation of normal activities and may be supplement­ed by theatrical and potentiall­y violent action, such as demonstrat­ion, picketing, protest meeting, sit-in, marching, taking of hostage, blockading, hijacking, or other use of force.

Covert or subterrane­an forms of striking include slow-downs, rule violation, unauthoris­ed breaktakin­g, absenteeis­m, surreptiti­ous resistance, or theft.

Current labour relations legislatio­n forbids acts of violence or destructio­n, including the use of coercion against dissenters and nonpartici­pants.

Needless to say, refusal by tenants to pay rent, or prison inmates to take food, or students to attend lectures, is called ‘striking’ only by analogy.

The endorsemen­t of strikes in the work place is based on three related assumption­s, namely:

(a) The workplace is the site of ongoing conflict between employer and employee;

(b) The employee’s recourse to strike is induced by objectiona­ble practices and conditions, and

(c) The employer’s outlook is inherently exploitati­ve, obstinate and provocativ­e, thereby making strike an appropriat­e and efficaciou­s response.

These assumption­s are patently controvers­ial for employees in the public sector today.

The Constituti­onal right to strike is a necessary bargaining lever, but teachers exercising this right raises questions regarding its effect on pupils, argues PROF VIKA GABELA

Newspapers in English

Newspapers from South Africa