Following numerous attempts at conciliation, the matter was referred to arbitration proceedings in which the Commissioner found that clause 4 (b) was not applicable on the basis of the text of the SAFA communication and the collective agreement. The Association of Mineworkers and Construction Union (Amcu) may declare a dispute with Lonmin if talks on a recognition agreement later this week nicht meet their expectations, Amcu president Joseph Mathunjwa said on Tuesday. On July 20, 2012, SAFA issued a notice to all staff informing them of its intention to initiate a restructuring process in the workplace. As no savings contracts were entered into, the restructuring process was carried out within the meaning of the LRA`s s189. The Union of Banking Insurance, Finance and Insurance Workers (BIFAWU) has applied for a review of an arbitration award following a dispute over the interpretation of a collective agreement between them and the South African Football Association (SAFA). Employers can enter into collective agreements with registered unions representing the majority of workers in the workplace. The LRA allows, under certain conditions, to extend these agreements to all workers in this workplace. Lonmin wants to move away from the “Winner takes all” model that existed when the NUM was the dominant union, and wants a more inclusive recognition agreement to avoid possible outbreaks of violence in the future. Amcu is against the proposal. Mr. Mathunjwa stated that Lonmin`s management was slow to grant Amcu majority union status.
Instead, the company has tended to enter into an agreement that housed all unions, including the NUM. Lonmin is in talks with Amcu, the NUM and other unions for a recognition agreement. The purpose of a recognition agreement is to give the employer the ability to strictly control the activity of the union and business managers. Without such an agreement, the stewards of the shop can go wild. That is, they can get into trouble and waste valuable production time dealing with union issues instead of earning the money they are paid. Jurists are not philosophers of good faith, although they have merit in the thesis that the fundamental principles of law and the credibility of philosophical thought overlap. As an illustration, in BIFAWU obo Members/Commission for Conciliation, Mediation and Arbitration and Others (JR306/13)  ZALCJHB 303 (September 27, 2018), the Tribunal was to consider whether a collective agreement had actually been “interpreted” to implement the “true” intent of the parties. Employers may recognize unions for different purposes. Registered unions that are “sufficiently representative” of workers in the workplace generally receive hours of registration, registration and stop-time for training. Such union recognition does not imply the right to negotiate on behalf of union members, much less on behalf of other workers in the workplace. Unprotected strike: Collective agreement and thresholds The decline in NUM membership has led the union to lose its recognition rights in the north-west platinum mines, including Impala Platinum and Lonmin. The LRA even relies on “agency” collective agreements and “concluded” collective agreements.
Under these conditions, non-members of the registered union may be forced to contribute to the union`s resources against their will. So much for the “freedom of disassociation.”