South African Correctional Services Workers Union (SACOSWU) v Police and Prisons Civil Rights Union (POPCRU) and Others (JA87/2015) [2017] ZALAC 36 (31 May 2017)

South African Correctional Services Workers Union (SACOSWU) v Police and Prisons Civil Rights Union (POPCRU) and Others (JA87/2015) [2017] ZALAC 36 (31 May 2017)

The Labour Appeal Court held that section 20 of the Labour Relations Act expressly allows the conclusion of collective agreements regulating organisational rights, even where a section 18(1) threshold agreement exists. The agreed threshold establishes a minimum for automatic entitlement to rights, but does not bar the employer from bargaining with minority unions for such rights. The majoritarian system must operate fairly, permitting minority unions to co-exist and represent their members. The Labour Court erred in finding the collective agreement with SACOSWU invalid; the threshold agreement did not preclude the Department of Correctional Services from entering into a valid and...

Citation
[2017] ZALAC 36
Parties
Appellant: South African Correctional Services Workers Union (SACOSWU); Respondent: Police and Prisons Civil Rights Union (POPCRU); Respondent: Minister of Correctional Services; Respondent: LGP Ledwaba N.O.; Respondent: General Public Service Sectoral Bargaining Council
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
31 May 2017
Case Number
JA87/2015
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Setting Aside Arbitration Award
Outcome
Appeal upheld; Labour Court orders set aside; collective agreement between SACOSWU and Department of Correctional Services declared valid for limited organisational rights.
Judges
Ndlovu, Coppin, Savage
Legal Topics
Organisational Rights, Majoritarianism, Collective Agreements, Threshold Agreements, Minority Union Rights, Labour Relations Act
Labour Law Civil Procedure Organisational Rights Majoritarianism Collective Agreements Threshold Agreements Minority Union Rights Labour Relations Act

Case Brief

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Parties

South African Correctional Services Workers Union (SACOSWU)

Appellant

Police and Prisons Civil Rights Union (POPCRU)

Respondent

Minister of Correctional Services

Respondent

LGP Ledwaba N.O.

Respondent

General Public Service Sectoral Bargaining Council

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Setting Aside Arbitration Award

Legal Issues

  1. 1 Whether an employer is precluded from granting limited organisational rights to a minority union that has not met the representativeness threshold established by a collective agreement under section 18(1) of the Labour Relations Act.
  2. 2 Whether section 20 of the Labour Relations Act permits the conclusion of a collective agreement with a minority union despite an existing threshold agreement.
  3. 3 Whether the Labour Court erred in declaring the collective agreement between SACOSWU and the Department of Correctional Services invalid and unenforceable.

Ratio Decidendi

The Labour Appeal Court held that section 20 of the Labour Relations Act expressly allows the conclusion of collective agreements regulating organisational rights, even where a section 18(1) threshold agreement exists. The agreed threshold establishes a minimum for automatic entitlement to rights, but does not bar the employer from bargaining with minority unions for such rights. The majoritarian system must operate fairly, permitting minority unions to co-exist and represent their members. The Labour Court erred in finding the collective agreement with SACOSWU invalid; the threshold agreement did not preclude the Department of Correctional Services from entering into a valid and...

Court Disposition

Appeal upheld; Labour Court orders set aside; collective agreement between SACOSWU and Department of Correctional Services declared valid for limited organisational rights.

Orders

  • The appeal is upheld with costs, including the costs of two counsel.
  • The orders of the Labour Court are set aside and replaced with an order dismissing the application to review and set aside the arbitration award, save for the substitution of the arbitration award as set out below.