Enforcement and bargaining power of trade unions

By Cornelia Marquardt on December 5, 2019 Posted in Europe

Trade unions should shape working life in a meaningful way through collective agreements ensuring good working relations. In order to be eligible for collective bargaining, they must have a minimum bargaining unit vis-à-vis the workplace, says the German Federal Constitutional Court. In Germany, the labour courts decide whether associations are eligible for collective bargaining and … Continue reading

Majoritarianism: binding minority unions to collective agreements remains constitutional

By Karen Ainslie (ZA) on March 8, 2018 Posted in South Africa

The extension of collective agreements to minority union members based on the principle of majoritarianism does not unreasonably limit the constitutional right to strike. In Association of Mineworkers and Construction Union and others v Chamber of Mines of South Africa and others [2017] 7 BLLR 641 (CC). The Chamber of Mines on behalf of various … Continue reading

Lock out notices may also be issued to unions not party to wage negotiations

By Karen Ainslie (ZA) on May 8, 2015 Posted in South Africa

This article was written by Lara Kerbelker, an Associate at Norton Rose Fulbright South Africa On 6 May 2015, the Labour Appeal Court handed down judgment in Putco v TAWUSA, which has significant implications for collective labour law in South Africa. A collective agreement, and therefore lock-out notices, extend to bind unions who are not … Continue reading