Abstract
M.A.
This research examines bargaining councils, the industrial level collective bargaining
agents created by the new Labour Relations Act. This study contributes towards filling a
gap not only in information that is lacking on bargaining councils, but also attempts to
understand their dispute settlement role more fully. Two surveys were conducted, one,
the content analysis of the constitutions of councils, and, the second, a questionnaire
administered to bargaining councils, which particularly looked at their dispute work.
Initial survey findings were qualified and extended through an investigation of a single
council, the Clothing Industry Bargaining Council (Northern Areas). Bargaining councils
place more emphasis on dispute settlement than industrial councils, and a particular
difference between the two types of councils, relates to the potential role of bargaining
councils to conduct arbitration. The level of accreditation may be linked to the union that
is party to it. Further, a bargaining council’s ability to successfully resolve cases is
dependent on clearly delineated procedures for settlement, the establishment of key
relationships within the council, and, the accumulation of financial reserves. Importantly,
the age of a bargaining council allows for these features to develop over time. The
success of individual councils has overall benefits for labour relations in South Africa.
Therefore, the formation of bargaining councils needs to be encouraged in sectors where,
at present, they do not exist. Moreover, established councils should increasingly apply for
accreditation for conciliation, and especially arbitration, where they are not accredited.
This research modifies our understanding of councils by providing an indication of their
importance in the current industrial relations dispensation, through an appreciation of the
role of bargaining councils in dispute settlement.
Prof. P. Alexander