“collective bargaining,” a good faith negotiation for the conclusion of a collective agreement or its renewal or revision, or the regulation of the relationship between the employer and the worker; Provided that nothing in this subsection (b) [of this subsection] is interpreted in such a way that a person`s refusal to enter an employer`s premises (with an employer other than his employer) is unlawful when the workers of that employer strike: ratified or approved by a representative of those workers, which that employer must recognize under this law [sub-chapters]: that, for the sole purpose of this paragraph (4), nothing is construed in this paragraph as a prohibition on advertising, with the exception of the commission, to give truthful advice to the public, including consumers and members of a labour organization, on whether one product is manufactured by an employer with whom the work organization has a main point of contention and which is distributed by another employer. if this advertisement does not result in a person employed by a person other than the principal employer in the course of his or her employment refusing to recover, deliver or transport goods or not provide services if he refuses to settle at the establishment of the employer participating in such a distribution; The Labour Tribunal indicated that if minority workers represented in the workplace by the AMCU were successful and entered into a new collective agreement and reimbursed the existing collective agreement, minorities would be overwhelmingly governing in the workplace, which would be an undesirable outcome (Chamber of Mines/AMCU – others (J 99/14) [2014] ZALCHBJ 13 Par 44). Section 23 (1)d) also aims to prevent the proliferation of minority unions in a workplace that corresponds to the majority preference of the law. Although the law provides for the recognition and approval of minority unions, it is a reading of provisions such as Section 21, paragraph 8, point a), which encourages commissioners facing the representativeness of a union to seek a solution that minimizes the spread of unions in a single workplace. It also helps to minimize the financial and administrative burdens that must be made available to many unions in the workplace (SA Commercial Catering – Allied Workers Union/The Hub (1999) 20 ILJ 479 (CCMA) 481). The Constitutional Court approved the Proposal of the National Union of Mineworkers (NUM) that the majority process is recognized internationally as an instrument for improving collective bargaining (para. 56). Among the instruments envisaged was Article 5, paragraph 1, of the 1951 ILO collective agreements (No. 1951). 91) (recommendation on collective agreements), which states that, where appropriate, steps should be taken to extend the application of all clauses or certain clauses of a collective agreement to all employers and workers within a given industrial and territorial scope of the agreement (see Visser`s political letter, ILO Hayter and Gammarano “Trends in the Security of Collective Agreements: Stability, Erosion or Decrease?” consulted on www.ilo.org/wcmsp5/groups/public/—ed_protect/—protrav/—travail/documents/publication/wcms_409422.pdf (available 2018-06-08). The report of the ILO 2012 Conference of Experts considers that the extension of collective agreements to non-party parties is not contrary to the principle of voluntary collective bargaining and is not contrary to ILO Convention 98.
