POPCRU v Ledwaba NO and Others (JR 636/2012) [2013] ZALCJHB 224; (2014) 35 ILJ 1037 (LC); [2013] 11 BLLR 1137 (LC) (5 September 2013)

POPCRU v Ledwaba NO and Others (JR 636/2012) [2013] ZALCJHB 224; (2014) 35 ILJ 1037 (LC); [2013] 11 BLLR 1137 (LC) (5 September 2013)

The court held that SACOSWU, as a minority and unrepresentative trade union, was not entitled to exercise organisational rights in the Department of Correctional Services unless it met the threshold of representativeness and was admitted to the Department Bargaining Council, as specified in the binding collective agreements with POPCRU. The collective agreements concluded with POPCRU, the majority union, set valid thresholds and were extended to all employees, including SACOSWU members, under section 23(1)(d) of the LRA. The agreement between SACOSWU and the Department was found to be invalid and unenforceable, as it conflicted with the existing collective agreements and statutory...

Citation
[2013] ZALCJHB 224
Parties
Applicant: POPCRU; Respondent: L G P Ledwaba N.O.; Respondent: Minister of Correctional Services; Respondent: SACOSWU; Respondent: GENERAL PUBLIC SERVICE SECTORAL BARGAINING COUNCIL (GPSSBC)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 September 2013
Case Number
JR 636/2012
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review succeeded; arbitration award set aside and substituted.
Judges
Snyman AJ
Legal Topics
Organisational Rights, Collective Agreements, Majoritarianism, Threshold of Representativeness, Extension of Collective Agreements, Review of Arbitration Award
Labour Law Civil Procedure Organisational Rights Collective Agreements Majoritarianism Threshold of Representativeness Extension of Collective Agreements Review of Arbitration Award

Case Brief

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Parties

POPCRU

Applicant

L G P Ledwaba N.O.

Respondent

Minister of Correctional Services

Respondent

SACOSWU

Respondent

GENERAL PUBLIC SERVICE SECTORAL BARGAINING COUNCIL (GPSSBC)

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether SACOSWU, as a minority and unrepresentative trade union, is entitled to exercise organisational rights in the Department of Correctional Services.
  2. 2 Whether SACOSWU is entitled to conclude a collective agreement with the Department granting organisational rights outside the ambit of Part A of Chapter III of the LRA.
  3. 3 Whether such a collective agreement is valid and enforceable in light of existing collective agreements with the majority union POPCRU.

Ratio Decidendi

The court held that SACOSWU, as a minority and unrepresentative trade union, was not entitled to exercise organisational rights in the Department of Correctional Services unless it met the threshold of representativeness and was admitted to the Department Bargaining Council, as specified in the binding collective agreements with POPCRU. The collective agreements concluded with POPCRU, the majority union, set valid thresholds and were extended to all employees, including SACOSWU members, under section 23(1)(d) of the LRA. The agreement between SACOSWU and the Department was found to be invalid and unenforceable, as it conflicted with the existing collective agreements and statutory...

Court Disposition

Application for review succeeded; arbitration award set aside and substituted.

Orders

  • The arbitration award of the first respondent, arbitrator L G P Ledwaba dated 16 February 2012 in the arbitration proceedings between the applicant and the second and third respondents, under case number GPBC 1754/2011, is reviewed and set aside.
  • The arbitration award is substituted with a determination that the collective agreement between SACOSWU and the Department of Correctional Services granting organisational rights is declared invalid and set aside.