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The Social Responsibility of South African Trade Unions: a Labour Law Perspective

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The Social Responsibility of South African Trade Unions: a Labour Law Perspective THE SOCIAL RESPONSIBILITY OF SOUTH AFRICAN TRADE UNIONS: A LABOUR LAW PERSPECTIVE by MAKWENA ERNEST MANAMELA Submitted in accordance with the requirements for the degree of DOCTOR OF LAWS at the UNIVERSITY OF SOUTH AFRICA SUPERVISOR: DR AH DEKKER JUNE 2015 DECLARATION I declare that the thesis entitled ‘The Social Responsibility of South African Trade Unions: A Labour Law Perspective’ is my own work and that all the sources that I have used or quoted have been indicated and acknowledged by means of complete references. Signature: Date: i The social responsibility of trade unions SUMMARY Trade unions have been in existence for many years. Although their introduction was generally met with resistance, since their establishment trade unions have been important agents of social change worldwide. Over the years, trade unions have been involved in politics and other societal activities. In South Africa, trade unions for many years not only fought for worker’s rights within the workplace but also beyond the workplace. Trade unions started as friendly societies aimed at assisting their members with various matters, including offering financial help for education purposes and also in cases of illnesses. Although the main purpose of trade unions is to regulate relations between employees and their employers, trade unions perform other functions in society which can be broadly referred to as their social responsibility role. Unlike corporate social responsibility, which is recognised and formalised, trade union social responsibility is not, with the role and importance of social responsibility for trade unions having been largely ignored. This thesis aims at changing this by investigating their core responsibilities and their social responsibilities and subsequently making recommendations on how trade unions could recognise and accommodate their social responsibilities in their activities. It also considers factors that could assist trade unions in fulfilling their social responsibilities. Trade unions generally obtain legislative support for their core responsibilities, but not their social responsibilities; however this should not obstruct trade unions in such endeavours. As modern organisations it is high time that trade unions make a contribution towards sustainable development through their social responsibility role. ii KEY TERMS Trade union; freedom of association; social responsibility; social movement; collective bargaining; core responsibilities; industrial action; job regulation; job security; principal function of trade unions; social protection; the economy; HIV/AIDS; poverty alleviation; job creation; the environment; politics; education and training; financial and legal assistance iii The social responsibility of trade unions ACKNOWLEDGEMENTS I would like to thank the Almighty God, who is my creator (Jehovah-Bara) for the ability, wisdom and strength He gave me to start and finish this project. I would also like to express my gratitude to my supervisor, Dr AH Dekker, for her guidance and for finding time to peruse drafts of the thesis and provided helpful and valuable comments. My sincere thanks are also extended to Alexa and Gerry Barnby for editing and formatting the text. I am indebted to my wife, Elisabeth, for her constant encouragement and support during the years I was busy with this project. I am also indebted to my son, Phenyo, and daughter, Theto, for their understanding when I was not always available to give them my attention. I would like to thank my parents, SK and MR Manamela who brought me into this world and encouraged me to study and work hard from an early age. Thanks also to my brother, Tukishi and sisters, Reinett and Lethabo, for their support. I also want to express my gratitude to all the teachers (primary and high school) and lecturers who contributed towards building the required intellectual base for this project. My sincere gratitude also goes to the National Research Fund (Thuthuka Fund) and the University of South Africa for the financial assistance I received from them for this project. Dei Gratia (By the grace of God) iv List of abbreviations ACCI: Australian Chamber of Commerce and Industry ACTU: Australian Council of Trade Unions AIDS: Acquired Immune Deficiency Syndrome AIRC: Australian Industrial Relations Commission ALP: Australian Labour Party APHEDA: Australian People for Health, Education and Development Abroad ASCC: Australian Safety and Compensation Council AWAs: Australian Workplace Agreements AWU: Australian Workers Union BCEA: Basic Conditions of Employment Act, 1997 BECTU: Broadcasting, Entertainment, Cinematograph and Theatre Union BEE: Broad-based Black Economic Empowerment BIG: Basic Income Grant BLF: Builders Labourers’ Federation BUSS: Building Unions’ Superannuation Scheme CAC: Central Arbitration Committee CBI: Confederation of British Industry CBPWP: Community Based Public Works Programme CCMA: Commission for Conciliation, Mediation and Arbitration CEPPWAWU: Chemical, Energy, Paper, Printing, Wood and Allied Workers Union CGF: Community Growth Fund CNETU: Council of Non-European Trade Unions CODESA: Convention for a Democratic South Africa COHSE: Confederation of Health Service COIDA: Compensation for Occupational Injuries and Diseases Act, 1993 CONNEPP: Consultative National Environmental Policy Process COSATU: Congress of South African Trade Unions CRE: Commission for Racial Equality v The social responsibility of trade unions CSEU: Confederation of Shipbuilding and Engineering Unions CSR: Corporate Social Responsibility CUSA: Council of Unions of South Africa CWIU: Chemical Workers Industria Union DEA: Department of Economic Affairs DOL: Department of Labour DRC: Disability Rights Commission ECC: Employment Conditions Commission ECHR: European Convention on Human Rights EEA: Employment Equity Act, 1998 EOC: Equal Opportunity Commission EPWP: Expanded Public Works Programme ETS: Emission Trading Scheme EU: European Union FAWU: Food and Allied Workers Union FEDUSA: Federation of Unions of South Africa FNETU: Federation of Non-European Trade Unions FOSATU: Federation of South African Trade Unions FWA: Fair Work Australia GEAR: Growth Employment and Redistribution Strategy GFWBF: General Factory Workers Benefit Fund HIV: Human Immunodeficiency Virus ICCPR: International Covenant on Civil and Political Rights ICESCR: International Covenant on Economic, Social and Cultural Rights ICFTU: International Confederation of Free Trade Unions ICU: Industrial & Commercial Workers Union of South Africa ILO: International Labour Organisation IWA: Industrial Workers of Africa JEF: Joint Economic Forum LRA: Labour Relations Act, 1995 LUCRF: Labour Union Co-operative Retirement Fund MAP: Millenium Partnership for the African Recovery Programme vi MAWU: Metal and Allied Workers Union MDA: Mining Development Agency MDGs: Millennium Development Goals MHA: Mine Health and Safety Act, 1998 NACTU: National Council of Trade Unions NALGO: National and Local Government Officers’ Association NDP: National Development Plan NEDC: National Economic Development Council NEDLAC: National Economic Development and Labour Council NEPAD: New Partnership for Africa's Development NES: National Employment Standards NGO: Non-Government Organisation NLCC: National Labour Consultative Council NMC: National Manpower Commission NOHSC: National Occupational Health and Safety Commission NUM: National Union of Mineworkers NUPE: National Union of Public Employees OAU: Organisation of African Unity OECD: Organisation for Economic Cooperation and Development OHSA: Occupational Health and Safety Act, 1993 POPCRU: Police and Prisons Civil Rights Union PPWAWU: Paper, Printing, Wood and Allied Workers Union PSCBC: Public Service Corodinating Bargaining Council RDP: Reconstruction and Development Programme SACP: South African Communist Party SACTWU: South African Clothing and Textile Workers Union SADC: Southern African Development Countries SAMWU: South African Municipal Workers Union SAPU: South African Police SDA: Skills Development Act, 1998 SETA: Sectoral Education and Training Authorities TAC: Treatment Action Campaign vii The social responsibility of trade unions TEC: Training and Enterprise Councils TGWU: Transport and General Workers Union TUC: Trades Union Congress TULCRA: Trade Union and Labour Consolidation Act, 1992 TURERA: Trade Union Reform and Employment Rights Act 1993 TUTA: Trade Union Training Authority UDF: United Democratic Front UDHR: Universal Declaration of Human Rights UIA: Unemployment Insurance Act, 2001 UN: United Nations UTP: Urban Training Project WfW: Working for Water WPWAB: Western Province Workers’ Advice Bureau viii Table of contents DECLARATION ....................................................................................................................... i SUMMARY ............................................................................................................................. ii KEY TERMS .......................................................................................................................... iii ACKNOWLEDGEMENTS ........................................................................................................iv List of abbreviations ............................................................................................................... v Table of contents .................................................................................................................. ix List of figures .......................................................................................................................
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