Challenges of majoritarianism in South African Collective Labour Law

Abstract

ABSTRACT Majoritarianism is one of the policy choices in collective labour relations in South Africa. However, majoritarianism presents challenges because it subjects minority trade unions to the dictates of their majority counterparts, who hold exclusive rights to set thresholds for representativity and to conclude certain collective agreements with employers. This potentially violates labour rights and the autonomy of a certain class of persons in smaller unions, as they are bound by collective agreements. Against this background, this dissertation examines the hurdles faced by minority unions, as compared to trade unions with large numbers of members at a place of work. It examines legal hurdles that they face in acquiring organisational rights and the impact of extension provisions that bind them to collective agreements concluded by majority trade unions. In doing this, the dissertation aims to determine whether majoritarianism unjustifiably limits the rights of unions who do not meet the threshold of “sufficiently” representative. It also seeks to ascertain whether majoritarianism is consistent with the objects of the Bill of Rights. Given the value of comparative legal research, this dissertation analyses the German labour law system on majoritarianism to determine whether there are lessons for South Africa.