Correctional Services must abide by ConCourt ruling on SACOSWU
27 February 2019
At the Constitutional Court last year the SA Correctional Service Workers Union (SACOSWU) won a historic victory. In a majority verdict the court 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.
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.
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 makes 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.”