Enkele aspekte rakende die daarstelling en bestuur van die onderhandelingsproses tussen werkgewer en werknemer
Abstract
INTRODUCTION The labour relationship arises from work in industrial society and is marked by certain negative attitudes, a great deal degree of depersonalition and tension between the individual and the collective. Much of this has its roots in the Industrial Revolution and in traditional attitudes to work and the work situation. Having analysed the basic characteristics of the relationship, it is necessary
to identify the parties and the roles adopted by each, and to discover not only how they interact but why they interact in that manner. Commonality and conflict constitute the two poles of interaction within the labour relationship. The parties can either cooperate and engage in participative processes or rely on the use of power and collective bargaining, although these are not mutually exclusive. Over and above this, the mode of interaction will be largely determined by the interactive effect of custom and tradition, legal determination, mutual agreement, societal influences and ethical considerations, among the most important of which are integrity, trust and concepts of fairness. The manner in which the participants, and particularly those in positions of authority, approach the labour relationship will be determined largely by their perceptual framework - that is, ideas and notions as to how the other party should be treated and how the relationship should be conducted. Such perceptions evolve principally from the dominant ideology which, in turn, will shape systems of government; thus determining the role played by government in the labour relationship - that is whether it will interfere with or limit the interactions between the parties and thereby affect behavior within the relationship. Government itself is influenced by economic developments and the existence of trade unions as a power bloc within societies. Equally, interaction with trade unions will influence the attitudes and behaviors of the employer and employee parties, as will international labour standards proposed and adopted jointly by employers, employee representatives and the State. THE ROLE OF TRADE UNIONS, EMPLOYER'S ASSOCIATIONS AND THE STATE REGARDING THE ESTABLISHMENT AND MANAGEMENT OF THE NEGOTIATION PROCESS In Industrial Relations we deal mostly with collectives. Consequently the two main participants in die relationship - employees and employers - should be described in their collective forms. The collective with the highest profile is the union. Unions are the proactive participants in the relationship. They initiate the action to which the employers or employer's associations , and sometimes also the State, react. Any attempt to understand industrial relations processes necessitates an understanding of unions, of what they are what the try to achieve, what methods and strategies they use and of how they are organised. Unions do not act alone. They are antipodes by employers, who need not form collectives to deal with the union by who, for various reasons, may prefer do so. Employers' associations may not hold as high a profile as unions, but they do play an important role in industrial relations, both in the sphere of collective bargaining and as mouthpiece for employers in an
industry. Their organisational structure and management resembles that of a union, although they do not have to engage in the same concerted recruitments as unions. Their aims and methods of achieving these may also be more limited than those of a union. A union need not necessarily be constituted of outside agencies. Employees within an enterprise can form a bargaining committee or an in-plant union. Such bodies have their advantages and disadvantages. For employers who belong to these bodies, the most notable disadvantage is the fact that they have no sociopolitical clout. On the other hand, this could be obtained through political bodies. Unions are not the same. According to their orientation and the priority placed on certain goals, they may range from business unions to community, welfare and political unions. The style adopted by the union will, in turn, influence managerial and organisational style INDUSTRIAL DEMOCRACY AND WORKERS' PARTICIPATION The institution of free collective bargaining places emphasis on the conflict of interest in the labour relationship and allows each party to pursue his self-interest, limited only by the coercive power of the other party. The concepts
of industrial democracy and worker's participation, on the other hand, emphasise the need for cooperation between employer and employee and for an employee share in the decision-making processes of management. The introduction of more participative systems is a relatively new development and stems from shifting patterns in sociopolitical and economic ideologies, changing value systems and changes in the ownership structure of industrial enterprises. Industrial democracy, in the sense of government for the people by the
people, could be achieved only by a system of worker self-management. This interpretation of industrial democracy is, for various reasons, not prevalent in Western societies, most of which still endorse private ownership of the means of production. Instead, efforts towards greater industrial democracy are geared mostly towards certain participative practices. Participation entails the involvement of the worker in as many facets of his work life as possible. This may occur either directly or indirectly, through elected worker representatives. Systems of participation vary and, while some are merely consultative in nature, others offer the employee a substantial say in the decision-making process. Management and unions have their own particular reasons for supporting participative programmes.
NEGOTIATION AND CONCLUSION OF AGREEMENTS Two types of agreement predominate in South Africa, namely the industrial council agreement and the so-called recognition agreement. The two are complete different in nature. Recognition agreements are concluded after a union has proved itself to be representative of the majority of the workforce or a section of the workforce at a particular plant. The union then demands to be recognised as collective bargaining agent by the employer. The recognition agreement will acknowledge the fact that the union has been accorded recognition and that it will, in future, be permitted to represent employees and bargain on their behalf. CONCLUSION The main objective of industrial relations is to obtain and maintain industrial peace. Both managers and the employers have each got their own diverse interest, needs and goals. A formal labour relation policy within the enterprise will ensure uniform behavior between employers and employees. All people in the enterprise will strive towards the achievement of set goals as well as the vision and mission of the enterprise.