LLW2602-2014-6-E-1.pdf - UNIVERSITY EXAMINATIONS UNISA“...

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Unformatted text preview: UNIVERSITY EXAMINATIONS UNIVERSITEITSEKSAMENS UNISA“ unwemty of soufli afnca LLW2602 ( 477236) May/June 2014 COLLECTIVE LABOUR LAW Duration 2 Hours 80 Marks EXAMINERS FIRST PROF ME MANAMELA SECOND MR MK MATHiBA Closed book examinatlon Thls examinatlon question paper remams the property of the Unwersrty of South Africa and may not be removed from the examlnation venue Th1s paper consrsts of 10 pages plus tnstruetlons for completmg a mark readmg sheet INSTRUCTIONS: l 2 ThIS paper cons1sts of 10 pages and you have to answer ALL the questions The paper rs d1v1ded into 2 sectlons SECTION A consists of 2 questions (with subdivisions) and has to be completed in the answer books provided to you. SECTION A counts 40 marks. SECTION B consists of 20 multiple choice questions counting 2 marks each. The answers to the multiple choice questions have to be filled in on the mark reading sheet provided to you. SECTION B counts $40 marks. THE EXAM PAPER COUNTS 80 MARKS. At the end of the exam1nat10n you have to hand 1n both the answer book and the mark reading sheet contammg your answers to the multlple chOICe quest1ons. GOOD LUCK! We hope that you W111 do well [TURN OVER] 2 LLW2602 May/June 2014 PLEASE NOTE' The Labour Relations Act is abbreViated as the "LRA" The Ba51c Conditions of Employment Act is abbreViated as the "BCEA" SECTION A QUESTION 1 Write brief notes on the following. 1 1 The Circumstances under which replacement labour may be used during a strike (2) 1.2 The definition of a 'strike' as contained in section 213 of the LRA. (3) 1 3 The purpose of a picket in terms of the Code of Good Practice on Picketing (1998). (5) 1 4 Organisational rights and the level of representation required in order to acquire each of them (10) 15 Five actions by the employer that constitute a refusal to bargain (5) [25] QUESTION 2 GG (Pty) (Ltd) is a company rendering fimeral services in Mpumalanga AA Trade Union represents 70% of employees in GG (Pty) (Ltd) Afier failing to resolve a wage dispute between GG (Pty) (Ltd) and its employees, AA Trade Union contemplates an industrial action. However, before embarking on this action, AA Trade Union dec1des to consult you, a labour expert, for adv1ce on the followmg. 2.1 What are the THREE procedural requirements which must be met in order for a strike to be protected“? (3) 2 2 Name FIVE instances in which the LRA prohibits employees from embarking on a strike action (5) 2 3 Assume MM Caskets (Pty) Ltd is a manufacturer of coffins and supplies GG (Pty) (Ltd) With coffins and other funeral supplies Upon learning about the dispute between GG and its employees, the employees of MM Caskets (Pty) Ltd decrde to embark on industrial action in support of the employees of GG (Pty) Ltd. Identify the nature of the industrial action taken by the employees of MM Caskets (Pty) Ltd (2) 2 4 What requirements must be met in order for this action in 2.3 to be protected? (3) 2 5 In the industrial actions mentioned in 2 3 above, both employers want to apply a "no-work, no-pay" rule Briefly discuss an instance where this rule Will not apply (2) [15] TOTAL SECTION A: [40] [TURN OVER] 3 LLW2602 May/June 2014 SECTION B QUESTION 1 Whlch ONE of the followmg rs a dispute of interest (as opposed to a dispute of right)? 1 Dunng consultatlons about a retrenchment, the employer refiises to provide the trade unlon, w1th whlch it IS consulting, certain mformation on the basrs that the information IS confidentlal and, if disclosed, could cause substantial harm. 2 During a strike, an employer offers to pay a bonus to all those employees who are out on strike who deCIde to return to work. 3 A registered trade union, Wthh has more than 40% of the employer's workforce as Its members, approaches the employer and demands the rights of access to the workplace and the deductlon of union dues 4 For many years an employer has prov1ded only Its permanent employees with benefits. Recently, a large number of part-tlme employees, the large may ority of whom are female, have joined the trade union act1ve 1n the workplace. The union informs the employer that this is dlscrimination The employer, however, flatly refuses to extend the benefits to the part-time employees. 5 An employer who is going through a dlfficult tlme approaches the trade union act1ve 111 the workplace and informs it that although employees are still entitled to their housrng allowances, the employer is obliged to reduce these allowances by 50% for the next 6 months The trade union informs the employer to try It and "see what happens". (2) QUESTION 2 Cons1der the followmg types of infonnatlon an employer will have at its disposal A private personal 1nforrnation of employees B information that IS relevant to the issues under d13cussron C confidentlal Informatlon regardmg the employer's business D mfonnation that IS legally privileged Which of the above types of mformation does the employer NOT have to disclose to the union in the case of dismissal for operatlonal reasons? 1 A, B, C and D 2 only C and D 3 only A, B and C 4 only A, C and D (2) [TURN OVER] 4 LLW2602 May/June 2014 QUESTION 3 In certain circumstances, it is not necessary for employees who Wish to embark on a strike to meet the procedural requirements laid down in the LRA before that strike will be protected In which ONE of the following cases Will employees still be obliged to meet the procedural requirements laid down in the LRA‘? 1 The parties to the issue in dispute are members of a bargaining council and the issue in dispute has been dealt w1th by the councrl in accordance With its constitution. 2 The parties have earlier concluded a collective agreement, which spells out the requirements that must be met for strike action, and these requirements have, in fact, been met 3 The employer acted first by locking out its employees without meeting the procedural requirements laid down in the LRA 4 The strike is about organisational rights, the trade union has more than 75% of the employers' workforce as its members and the union chooses not to use arbitration. (2) QUESTION 4 Which of the following actions Will constitute a "strike" as defined in the LRA" 1 One Monday morning, the employer is greeted out of the blue by half his workforce outs1de the gates The workers refuse to start their shift on time On closer enquiry, the employer is informed that the workers are unhappy because of on-going violence at the tan rank that the workers use on their way to work In order to ensure 24 hour production an employer seeks to introduce a staggered lunch break for its employees This means that those employees, who take their lunch hour after all the other employees, have to work 7 hours Without a break, a Situation in contravention of the Basic Conditions of Employment Act The employees refuse to work until the employer reverts to the old system In June 2007, trade union ABC approaches employer XYZ and demands that the employer provide creche facflities at work. The employer refuses and the trade union calls on its members to institute a go slow, ie the employees do perform their JObS, but do so at a reduced rate In order to compel an employer to accede to the demand of the trade union for a wage increase of 1 0%, a trade union calls on its members to refuse to work between 15h30 and 17h00 in the afternoons. This is a very busy time for the employer as all the orders for the next day's deliveries are finahsed in this period. (3) and (4) (2) [TURN 0yER] 5 LLW2602 May/June 2014 QUESTION 5 Which ONE of the followmg IS NOT a characteristic of a closed shop agreement between a trade union and an employer0 1 It IS entered into by way of a collective agreement by a majority trade union and an employer or employers' organisation 2 None of the employees who were in the employ of the employer or employers when the closed shop agreement was concluded, may be dismissed for refusing to join the trade union which is party to the closed shop agreement. 3 The dismissal of conscientious objectors for their refusal to join the union, Wlll be fair 4 Union subscription fees can only be used to advance the seem-economic interests of the union members and not for any political affiliation. (2) QUESTION 6 Which ONE of the following statements about organisational rights 13 CORRECT? 1 An unregistered trade union that represents 55% of the employees in the workplace lS entitled to access to the workplace, to the deduction of membership fees from the wages of members, to the election of shop stewards, to time ofi‘ for union activities for shop stewards and to the disclosure of information 2 A registered trade union that is merely sufficiently representative in a workplace, is entitled to access to the workplace and to the deduction of membership fees from the wages of its members. 3 An unregistered trade union that is a member of a bargaining COUIlCll IS entitled to access to the workplace and to the deduction of membership fees from the wages of its members. 4 An unregistered minority trade union can obtain organisational rights by concluding a collective agreement With the employer (2) QUESTION 7 Which ONE of the followmg statements regarding the consequences of protected strike action, is INCORRECT“? l 2 In prinCiple, the dismissal of an employee for participation in a protected strike will constitute an automatically unfair dismissal An employee who participates in a protected strike may be dismissed for reasons relating to his or her conduct during the strike or for reasons based on the employer's operational requirements Although the "no work, no pay"-ru1e also applies to protected strikes, employers have to continue to provide accommodation and food during a protected strike (if it normally forms part of the remuneration) and 1f the employees request that it continues If a protected strike proves to be unsuccessful, the employer may afterwards sue the trade union for the damage it suffered as a result of the strike action (2) [TURN OVER] 6 LLW2602 May/June 2014 QUESTION 8 Which ONE of the followmg statements regarding agency shop agreements 15 INCORRECT? l 2 Agency shop agreements constitute much less of an infrlngement on an employee's right to freedom of assocration than closed shop agreements. Only a registered trade union, or two or more reglstered trade unions actmg Jomtly, that represent the majority of employees 1n a workplace can conclude a bindlng agency shop agreement in respect of that workplace A binding agency shop agreement can only be concluded 1f a ballot was conducted amongst all employees likely to be affected by the agreement and two thll'dS of the employees who voted, voted 1n favour of the agreement The agency fee may not be more than the subscr1ptions paid by the members of the trade union that IS party to the agency shop agreement (2) QUESTION 9 Which ONE of the followmg statements IS INCORRECT? 1 DJ The difference between a strike and protest action 15 that a strike [8 aimed at resolving any issue of mutual interest between the employer and the employees, whereas protest action is aimed at seem-economic issues. Because a dispute regarding organisatlonal rights is a dispute of right, it has to be referred for arbitration and adjudication, and employees may not Strlke regardlng such lssue Employees who wish to strike do not need to be members of a registered trade union. An employer 13 not obliged to pay employees who are participating in a protected or unprotected strike (2) [TURN OVER] 7 LLW2602 May/June 2014 QUESTION 10 Cons1der the followmg Statements regarding the circumstances under which a str1ke and lock-out may be prohibited and consequently unprotected. A The employees of AC Processing and Packagmg are dissatisfied about the dismissal of Samuel Matlala, a popular shop steward, who was found guilty of mlsconduct, and wish to strike to force AC Processing and Packaging to re-mstate him Standard Cable Manufacturers employs 130 employees, and due to a downturn in the economy it needs to scale down its operations and dlsmiss 15 employees for operational reasons. The employees feel that the employer has no vahd reason for dismrssmg them and therefore intend to strike against the employer's decis1on The Hospitality and Entertainment Workers' Union (HEWU) and Smart Hotel Group have concluded a collectlve agreement that employees of the hotel group who are members of the un1on will not resort to strike action if they are dissatisfied With their annual salary mereases The employees are very upset at rece1v1ng only a 2% increase and wish to embark on a strike Members of the South African Police Umon vehemently oppose the deployment of the South Afncan Armed Serv1ces at violent strikes around the country They wish to strike to force the government to deploy them mstead. In which of the above c1rcumstances will the contemplated strikes be prohibited in terms of sect10n 65 of the LRA‘? 1 only B, C and D 2 only A, B and C 3 only A, C and D 4 in none of the circumstances (2) QUESTION 1 1 For Wthh ONE of the followrng forms of 1ndustr1al action does the union have to appoint a convenor and marshalls‘? l a str1ke 2 a picket 3 a lookout 4 protest actlon (2) [TURN OVER] 8 LLW2602 May/June 2014 QUESTION 12 Whlch ONE of the followmg statements regarding secondary strlkes is CORRECT“? u 1 2 3 4 A secondary strike w1ll be protected even though the primary strike is not protected Employees of a secondary employer must also be in dispute with their employer 1n order for the secondary strike to be protected The secondary employer must have received 48 hours prior written notlce of the secondary strike In order for the secondary strike to be protected The nature and extent of the secondary strike must be reasonable 1n relation to the possible effect on ~ the bus1ness of the primary employer (2) 31‘: f QUESTION 13 Read the following statements and Indicate wh1ch one or ones 1s/are CORRECT UOUUI> Collectlve labour law deals mainly with the relationshlp between an employer and an employee Collectlve labour law is not regulated by the LRA but by the Constitution Collective labour law prov1des for rules to protect employees who want to act collectively Collectlve labour law is based on the principle that when a group of employees act together they can more effectively protect their rights and advance the1r 1nterests The followmg statements are CORRECT 1 A and B 2 C and D 3 A, B and D 4 All of the statements (2) QUESTION 14 Which ONE of the following statements regarding a strike 1s CORRECT? 1 A Single employee can embark on a strike s1nce the Constitution of the Republic of South Africa grants the rlght to strlke to individual workers. A go-slow Will not constitute a strike The purpose ofstnke actlon must be to resolve a dlspute regarding a matter of mutual interest between an employer and employees. The word "work" In the definltion of a strike only refers to overtlme work. (2) [TURN OVER] 9 LLW2602 May/June 2014 QUESTION 15 Which ONE of the follow1ng statements regardmg access to the workplace as an organisatlonal rlght lS CORRECT? 1 Access to the workplace allows the unlon to hold meetmgs w1th employees at the workplace during worklng hours. 2 Access to the workplace does not allow for the voting of unlon members at the employer's premlses. 3 Access to the workplace allows the unlon to recrult members and serve their interests. 4 Access to the workplace does not allow the trade unlon to enter the workplace (2) QUESTION 16 Wh1ch ONE of the followmg statements regardmg essential serv1ces 1s INCORRECT? l Partles Involved 1n the prov1sion of essentlal serv1ces can embark on a str1ke If there is an agreement that certaln mlnimum serv1ces w1ll be prov1ded dunng the str1ke. 2 An essentlal serv1ce is a service whlch, if interrupted, Will have the effect of materlal phy31cal destruction of a working area, plant or machinery. 3 A d1spute regardlng the terms and condltions of employment of employees who prov1de minimum serv1ces, Wlll be subject to arbitratlon 4 Employees who are engaged in the provismn of essential serv1ces may under no Circumstance embark on a str1ke (2) QUESTION 17 Wh1ch ONE of the followmg statements regarding lock-outs In general, IS INCORRECT9 1 It IS p0s31b1e 1n law to exclude one employee from the workplace 2 In case of an offenswe lock-out, an employer may not employ replacement labour 3 A lock-out 1n response to an unprotected str1ke Will be protected 4 In order to constltute a lock—out as defined by the LRA, the exclusion of employees from the workplace by the employer must be accompanied by a demand concerning a matter of mutual mterest (2) QUESTION 18 Whlch ONE of the following demands 1s llkely to be accepted by the Labour Court as a matter of mutual interest between employers and employees and thus a suitable matter for collective barga1ning‘7 a demand that the employer 11m1ts the amount of overtime worked at the plant a demand that the "pay as you earn"- taxes are reduced for certam workers a demand that the employer supports the bond repayment boycott by the employees a demand that the employer ensures that school fees are subsidised by the government (2) #WNH [TURN OVER] 10 LLW2602 May/June 2014 QUESTION 19 Wthh ONE of the followmg statements about the consequences of strlke actlon lS CORRECT? 1 Employees who take part 1n a protected strlke can never be falrly dismlssed 2 Employees who take part 1n a protected str1ke must be heard before they can be dismlssed for then partlclpatlon in the strlke. 3 Employees who take part 1n an unprotected stnke can be dlsmlssed If they do not adhere to the employer's ultimatum 4 Employees who take part in a protected strlke w111 only forfe1t the1r salanes 1f the stake becomes unprotected (2) QUESTION 20 Whlch ONE of the followmg statements about the defimtlon of a strlke IS CORRECT? 1 2 3 4 A strrke Is the complete. but not partlal, stoppage of work An overtime ban w111 constltute a work stoppage A go-slow IS not a strike A work-to-rule does not amount to a complete or part1al stoppage of work (2) TOTAL FOR SECTION B: [40] GRAND TOTAL: [80] © UNISA 2014 UNIVERSITY OF SOUTH AFRICA U N I SA‘g EF'SJIII‘Em UNIVERSITEIT VAN SUID-AFRIKA .. I “LI: 5 PART 1 (GENERAL/ALGEMEEN) DEELI‘I: I 2 *- I ‘5 "“ fig IL! Ev- 5:0 I “ = asrumr UNIT :33 PSY'um x I: ‘I lm‘fll:|.5 AND SURNAME — as “ srunIE EENHEiD hv PSY‘IIJIJ. x s" vooREEnEns EN VAN .. — :pr I I h g I . ~ DATE or EXAMIMAWON h ’DATUM VAN EKSAMEN J. ________ _ PAPER NUMBER EILAMINAUDN CENTREREE PRE'réRIAI i ' 1 ” VRAESTELNDMMEH" I EKSAMENSENTRUM {3v FRETDRIA] ...... _- _. - _ . , I, E w ‘ I m I w n .7 M Y : i 2 E _ w ~ u STUDENT DMMER J I, III (III. I — A :01 :01 [0: m (11:11 T For use by examrnatlon InVIgIlator 1 A M r2] [2] :2] v.3 E :2: = VIr geerIk deur eksamenopmener A E J I. t [51 I ’ I: :5: r5] [6] I I ‘ I [7] [7) r73 2 > I s “ :3] r8] :31 I“ [9] (9] [93 E N _ , 2 ‘\ i - IMPORTANT BELANGRIK I USE ONLY AN HB PENCIL To COMPLETE THIS SHEET 1 GEBRUIK SLEGS N HEI FOTLOUD 0M HIERDIE BLAD I'E VOLTOOJ 2 MARK LIKE THIS r2- 2 MEFIK As VOLG s2- 3 CHECK THAT YOUR INITIALS AND SURNAME HAS BEEN FILLED IN CORRECTLY 3 KDNTROLEER DAT U VOORLETTERS EN VAN REG INGEVUL IE. 4 ENTER YOUR STUDENT NUMBER FROM LEFT T0 RIGHT 4 VUL U STUDENTENDMMER VAN LINKS NA REGS IN 5 CHECK THAT YOUR STUDENT NUMBER HA5 BEEN FILLED IN I‘CIRRECTLII 5 KDNTRDLEER DAT U DIE KDRREKTE STUDENTENDMMER VERSTREK HET 6 CHECK THAT THE UNIuUE NUMBER HAS BEEN FILLED IN CORRECTL‘I’ 5 KONTRDLEER DAT DIE UNIEKE NDMMER REG INGEVUL IS T CHECK THAT ONLY ONE ANSWER PER QUESTION HAS BEEN MARKED 7 MAAK SEKER DAT NET EEN ALTERNATIEF PER VRAAG GEMERK Is 3 DD NDT FOLD EI MOENIE vou NIE A a :9— : M. i-ZPART 2:(ANSWERSIANRN00RDE): DEE f’ 21”; g»? ” Iyw I .H. 1‘4 Ii, 1:,” “13‘ J A Kismet, 89 90 E32338 $585332 UNISA P1532 ...
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