SAFTU welcomes Concourt judgement on minority unions
Following NUMSA’s historic victory in the Constitutional Court against labour brokers, workers have scored other major victory in the same court. In a majority verdict it has outlawed the abuse of a trade union’s majority status to deny workers of minority unions their right to recognition, collective bargaining and freedom of association.
The SA Correctional Services Workers Union (SACOSWU) was opposing an appeal by POPCRU to the Constitutional Court to overturn a lower court’s ruling that where a majority union has a pre-existing collective agreement with the employer setting a threshold of representativeness for admission to a departmental bargaining council which the minority union does not meet, that does not permit the majority union to then debar the minority union from bargaining with and entering a collective agreement to grant them the self-same organizational rights.
This sets an important precedent. From now all unions have the right to to represent their members and bargain on their behalf. And all employers now have a duty to grant minority unions organisational rights. The majority judgement could not be clearer:
“The [constitutional] right to engage in collective bargaining lies at the heart industrial action… Participation of each side [the trade union and the employer] in the collective bargaining constitutes the exercise of this right…
“Notably, on the workers’ side, the right is conferred on a trade union. This make membership of a trade union the gateway to collective bargaining for workers. Therefore the right every worker to form and join a trade union is critically linked to the right to engage in collective bargaining. The right to form and join a trade union guarantees freedom of association. Its importance is acknowledged not only in the Constitution but in international law.”