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Lonmin SA Labour Union Case Study

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    The role of SAtrade unions in

    shaping theemployee relations

    landscape

    MBA FT GROUP 12.1

    Sanisha Hurrisunker

    Chumani MaqinaLukhanyiso Mpongoshe

    Edem Foli

    Kayode Ayankoya

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    Key Concepts

    The Role of Trade Unions in South Africa

    How Do Trade Unions Affect Employee

    Relations?

    The relationship between Government, the

    employer & employees to unions & the

    evolving relationship

    The challenges that unions face in shaping

    employee relations

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    Key Concepts cont.

    When to strike?

    Perception of management towards trade

    unions

    The relationship between labour unions,

    the Government the employee and

    employers

    Avoiding a Lonmin in your company

    Conclusion

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    The Role of Trade Unions in South Africa

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    The Role of Trade Unions in South Africa

    Definition of Trade Union

    Is regarded as a continuing permanent

    organisation created by the workers to protect

    themselves at their work, to improve theirconditions of work through collective

    bargaining, to seek to better the conditions of

    their lives and to provide a means ofexpression for their workers views on matters

    of society. (Nel, et al. 2012)

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    What Is the Role of Trade Unions in

    South Africa? Serve the members best interests through collective

    bargaining:

    Protecting Working Conditions

    Environment

    Healthy

    Safe

    Secure

    Compensation and Reward Packages Salary (Basic and Net)

    Employee Benefits (e.g. medical aid,

    pension/provident fund, bonuses, annual/sick leave;

    allowances)

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    How Do Trade Unions Affect Employee

    Relations?According to Lonmins Annual Report for 2011:

    Cyril Ramaphosa,director, earned

    R 57 000 per month

    Outgoing SA CEO, Ian Farmer,earned

    R1.2 million per month.

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    How Do Trade Unions Affect Employee

    Relations?

    Description Amount

    Basic Salary R 5891

    Company Contribution toMedical

    R556

    Company Contribution to

    Pension

    R874

    Company Contribution to

    Housing Allowance

    R1950

    RockDriller Allowance R750

    TOTAL MONTHLY COST

    TO COMPANY

    R10 512

    Association of Mining and Construction Workers (AMCU) Trade Union

    asking for R12 500 cost to company package per month

    Typical Monthly Total Cost to Company Monthly Package of Rock Driller

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    Strategic Conflict : Manipulate the allocation or Reallocation ofresources; authority; power

    Strike Conflict forms a key part of employment relations:

    Managers must be aware of it so that when they arise they have

    strategies in place will which help them deal with collective

    bargaining and negotiations. Building and Improving relationship within the community must form

    an integral part of their Human Resources Strategy

    Association of Mining and Construction Union (AMCU):

    Will not sign peace agreement

    Peace agreement document does not mention any wage

    amount or respond to any of the workers demands

    Continuously side-lined in negotiation meetings

    General lack of trust with management

    How Do Trade Unions Affect Employee

    Relations?

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    The relationship between labour unions, the

    Government the employee and employers

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    The relationship between labour unions, the

    Government the employee and employers

    Socio

    Economic

    Climate

    Government

    Trade

    Unions

    Employee

    Employers

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    The challenges that unions face

    in shaping employee relations

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    The challenges that unions face

    in shaping employee relations

    1.WITH UNION MEMBERS

    Serve member interests. Ability to protect themselves at

    work

    Improve conditions of workthrough collective bargaining.

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    The challenges that unions face

    in shaping employee relations 2. WITH THE EMPLOYERS/ BUSINESSES

    Employer- Union relationship.

    Employer-Employee relationship.

    Effectiveness and productivity.

    3. WITH THE GOVERNMENT

    Contribution to economic growth

    Employment creation

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    The challenges that unions face

    in shaping employee relationsWITH THE EMPLOYERS

    To Serve member interests Some leaders not properly politically trained.

    Lack of Leadership and management skills.

    Unethical mine employers.

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    The challenges that unions face

    in shaping employee relationsWITH THE EMPLOYERS

    NUM President Senzeni Zokwana, receives acheque from the Gift of the Givers Foundationon behalf of Aurora workers.

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    The challenges that unions face

    in shaping employee relations

    WITH THE EMPLOYERS

    Ability to protect themselves at

    work Educate workers in knowing their

    rights, procedures to follow when

    they want to protest, and also the

    implications of not following

    procedures.

    Adherance of members to Union

    instructions.

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    The challenges that unions face

    in shaping employee relations

    WITH THE EMPLOYERS

    Improve conditions of workconditions through collectivebargaining.

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    The challenges that unions face

    in shaping employee relationsWITH THE EMPLOYERS/ BUSINNESSES

    Employer Union relationship. Bridge the gap between the mining houses and

    the Union.

    Employer employee relationship.

    HR to work hand in hand with Unions.

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    The challenges that unions face

    in shaping employee relationsWITH THE EMPLOYERS/ BUSINNESSES

    Effectiveness and productivity

    HR Strategy to focus on motivation,

    reasonably meeting employees needs and be

    aware of social responsibilities of workers.

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    The challenges that unions face

    in shaping employee relationsWITH THE GOVERNMENT

    Contribution to economic growth

    Employment creation

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    The challenges that unions face

    in shaping employee relationsFormer Mine Worker

    Comrade Ntsane Monaheng shows off his MBA Award.

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    When to strike?

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    When to strike?

    In the case of Lonmin the workers embarked on

    what the Labour Relations Act defines a strike as:

    The partial or complete concerted refusal to work,or the retardation or obstruction of work, by

    persons who are or have been employed by the

    same employer or by different employers, for the

    purpose of remedying a grievance or resolving a

    dispute in respect of any matter of mutual interest

    between employer and employee .

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    Steps to take when embarking

    on a strike - LRA Strike action must be preceded by the referral of

    a dispute to the CCMA or council.

    A certificate must be issued, following the

    referral, to the effect that the dispute was notresolved.

    Receipt of the referral of the dispute by the

    council or Commission must be followed by 30

    days, or any extended period agreed by parties.

    48 hour notice must be given to an employer

    before a strike commences.

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    Strikes as a weapon

    Strikes have a long history in South African

    labour relations dating back to more than a

    hundred years.

    Industrial action has such prominence in SouthAfrica that unions find it impossible to engage or

    negotiate with employers without making

    constant threats to strike, protest or picket.

    The threat by the parties to resort to industrial

    action drives the collective bargaining process.

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    Implications for managers

    Dismissing employees who participate in strikes

    is considered a disproportionate counteraction

    which should be discouraged by all means.

    Managers regarded as occupying a powerful

    position in the employment relationship.

    Strikes likened to what an engine is to a car in

    the collective bargaining process.

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    Battle & Warfare

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    Battle & Warfare

    Strikes and dismissals are ultimate weapons oftrade unions and employers respectively.

    Strikes are instruments which are legitimate in

    the collective bargaining process and weaken

    resistance of employers.

    Dismissals end the employment relationship and

    the two actions cannot be seen as equivalent.

    To dismiss striking workers is not a reciprocalright, but an extraordinary one & should be

    exercised only when there are compelling

    circumstances.

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    Managements perception

    towards unions

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    Managements perception

    towards unions

    Interview with MvuleniMapu Former ProvincialChairperson of SAMWU,currently The Director atNMBM Housing Delivery

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    Avoiding a Lonmin in your

    company

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    Avoiding a Lonmin in your

    company

    Macro Micro

    Ongoing relations with

    trade unions

    HR and Organizational

    leadership (trust and

    culture)

    Understanding of

    productivity

    Internal conflict at

    unions

    Legitamacy

    Political agenda

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    Conclusion

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    Conclusion

    Should trade unions have dual roles ingovernment and represent their

    members?

    What is the role of HR in strategically

    catering for the human element within the

    leadership and corporate goals?


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