FORMATIVE ASSESSMENT $2$

$[100$ MARKS$]$

Read the scenario below and answer the questions that follow

Building a co$-$operative and constructive environment for labour relations

Many argue that trade unions played an enormous role in moving South Africa from apartheid to a democratic society. Furthermore, the arguments based on the power difference between the worker and management, the possible exploitation of workers, and bettering the conditions of the worker $-$ to name a few $-$ will always exist. On the other hand, many argue that unions are going too far, that union members should not, for instance, victimise those workers who do not want to participate in strikes, and that the union should be able to control their members better.

Emphasis is thus placed on building a co$-$operative and constructive environment for labour relations based on the principles of joint decision$-$making, as opposed to an adversarial, conflict$-$ridden, and destructive environment of labour relations.

A registered trade union has approached you to request recognition as a new trade union party, citing their significant representation in the sector and the substantial number of employees they represent under a closed shop agreement. As a seasoned labour relations practitioner provide your invaluable detailed insights to aspects in question pertaining to trade unions in South Africa.

QUESTION $1$

$(40$ Marks$)$

The labour or employment relations is concerned with people who, because of their mutual involvement in the work situation, have been placed in a specific relationship with one another. The employment relationship is multilayered and dynamic, as a result it may be more complex than other relationships.

Provide a thorough description of all the parties involved in the employment$/$labour relationship and further elaborate on the factors that impact on the interactions among these identified parties in the employment relationship.

QUESTION $2$

$(18$ Marks$)$

In South Africa, labour union membership rose significantly between $1980$ and $2000.$ This was attributed to several factors, including the political unrest in South Africa at the time and the increased awareness of worker rights. Currently, it is indicated that union membership will likely remain the same or perhaps decrease in several economic areas.

Critically discuss the variety of trends that might have negative implications to the continued existence and relevance of trade unions.

QUESTION $3$

$(20$ Marks$)$

A shop steward is regarded as a representative who advocates for union members within their workplace and is officially acknowledged by the union. Given the unique position that a shop steward occupies in trade union functions, they warrant particular recognition as a key office holder.

Discuss the critical role of the shop steward in promoting the effective operation of a trade union. Include an analysis on the trade union requirements for shop stewards as well as on the nature of the shop steward's tasks regarding the trade union activities.

QUESTION $4$

$(22$ Marks$)$

Since a closed shop agreement creates a greater infringement on an employee's freedom to association, the conditions to be met before it is binding are more stringent.

$4\mathrm{.}1$ Comment on the conditions that must be met before a closed shop agreement is binding.

$(8)$

$4\mathrm{.}2$ Discuss the implications to employees who refuse to join the trade union party to a closed shop agreement.

$(6)$

$4\mathrm{.}3$ From the employer's perspective, deduce the advantages of the closed shop agreements.

$(8)$