5.1 THE INTENSIFICATION OF WORKER UNIONIZATION COUNTRYWIDE
5.1.9 RETRENCHMENT AND THE LABOUR COURT
The few incidences outlined above clearly indicate that the relationship between these two trade unions was not conducive to any close working relationship. In fact indications are that the relationship which existed between each trade union and management was relatively better than the relationship which existed between the two trade unions. This situation was clearly not in the interest of the workers, who in their struggle against management should at best, always act in unison or at worst portray themselves as a unified force. What remains striking however, is the fact that relations among employees belonging to the two trade unions, at the individual level was relatively good and without the kind of tension demonstrated at the trade union level.
However, the same could not be said about the shop stewards, particularly the National Union of Metalworkers of South Africa (NUMSA) senior shop steward and the South African Workers Trade Union (SAWTU) shop stewards.
On the basis of this understanding therefore it is very difficult to conclude whether the tension and animosity manifesting itself in various ways and on different issues at the trade union level is a reflection of this tension between shop stewards or has something to do with union policy and/or strategic issues.
number of staff employed in the company. The National Union of Metalworkers of South Africa (NUMSA) was not satisfied with the company's decision to retrench and
consequently, declared a dispute, which it referred initially, to the Metal, Engineering and Metallurgical industry's bargaining council for conciliation.
When the matter could not be resolved through conciliation, the trade union referred the matter further to the labour court for adjudication. The dispute evolved around mainly two major issues.
One issue was concerned with the issue of whether or not there was a need for the company to embark on a retrenchment process.
Secondly, management's failure to consult with the trade union in good faith as required by the Labour Relations Act (1995).
On the part of the National Union of Metalworkers of South Africa (NUMSA) there was no economic reason for the company to even consider engaging in a retrenchment process and management did not make any serious attempt to meaningfully engage the trade union in the consultation process with the view to seeking alternatives to
retrenchment.
On the first issue, the trade union argued that there was no economic reason for the company to even contemplate retrenching its employees. They further asserted that in their view, retrenchment was just another attempt at reducing the National Union of Metalworkers of South Africa (NUMSA) membership in order to prevent the union from acquiring a majority status in the company. Supporting this claim, they questioned management's decision, arguing that had this been based on economic facts, the trade
union would long have been advised of the deteriorating state of the company.
Management on their counter argument rejected this claim, stating that the minutes of the meetings between management and the union dating back to July 1996 are testimony to the fact that the trade union had on a monthly basis been kept informed and updated as to the state of the company. On the second issue, the argument advanced by the union was that management consulted in bad faith because they had already made the decision to retrench before consulting the trade union. To illustrate this point, the trade union pointed to the fact that on the very first consultative meeting, management came up with the proposed figure of employees likely to be retrenched, the possible date of retrenchment which the union claim did not allow them sufficient time to thoroughly explore the issue.
The union further argued that all management expected from them was to rubber stamp the decision already made. This argument, was also disputed by management on the basis that the minutes of the consultati ve meetings between the trade union and management on this question clearly talks about proposed number of people and proposed date.
Further, management argued that all the information requested by the trade union for consideration was given to them to scrutinize. At the end, after all arguments and counter-arguments had been presented before the court, the Judge hearing the case dismissed the union's application with costs.
The analysis of the history of labour relations at the company under investigation shows that the nature of the relationship between the workers and their trade unions representing them and management is extremely adversarial. This is clearly demonstrable on the 15- year marriage between the company and the trade unions representing the workers
employed in the establishment. During this period there have been four strike actions and a host of other worker activities, including but not limited to worker stoppages, work to rule, go slows, overtime bans and demonstrations. All the strike actions with the
exception of the one in 1983, had to be resolved with the intervention of a third party.
Apart from these collective worker activities listed above, there were other individual cases that do not appear on the historical account, which however, led to employee suspensions and dismissals. While the majority of these cases were individual cases, their analysis, more often than not, reveal that they were an integral part and a manifestation of the unhealthy working relations existing in the company throughout this period between employees and their trade unions and management. One classical example of this situation was the dismissal of one employee who engaged in a 'one-man-strike' in solidarity with employees in a different section who were having a dispute with management that remained unresolved. This employee embarked on what could be called a 'sympathy strike' in the sense that his position was that he would only resume his duties when the dispute between his 'fellow comrades' and management had been
resolved. As a result of this action, he was subsequently dismissed.
It is also important to point to the fact that a conception that the tension and conflict only existed between workers and management would be over-simplistic. Adequate analysis of the company's historical account demonstrates beyond doubt that tension existed even among workers themselves. This tension is clearly apparent in some of the comments made by workers who were re-employed after the 1992 strike. Inherent in most of these comments is the alleged abuse of power by those who were entrusted with the task of leading and guiding the struggle against management repression and exploitation. The
senior shop steward, in particular, in the period between 04 July 1988 and 11 March 1992 is portrayed as a very active leader with a strong character, but also selfish, undemocratic and not willing to listen to what other people had to say. This tension among employees is not only confined to the pre-1992 era, but clearly, it was able to transcend the 1992 strike into the post 1992 period as evidenced in the relationship between the National Union of Metalworkers of South Africa (NUMSA) and the South African Workers Trade Union (SAWTU).
The tension forming part of the workers' day to day relations on the shop floor was beyond doubt very real in the lives of workers employed in this company. At one level, this tension exploding at various points of the company's historical development, took the form of workers against workers, where a certain group of workers viewed
themselves as 'comrades' who were anti-management, and who in the sense of the word were actively involved in the struggle against exploitation while looking at others as management loyalists normally referred to as 'amagundane'.
At another level, even within those who regarded themselves as 'comrades' differing viewpoints on certain issues led to situations where intense conflict developed and became more personalized, with some workers claiming that some people make the union theirs. It is also clear that some if not the majority of the men within the labour force were inherently resistant to being led by women. The partriachal and chauvinistic
comments made by some male workers against their female counterparts are testimony to this fact.
It is also important to point to the fact that even at the level of management, there is no coherence and uniformity in terms of views and approaches to certain issues. There have -for instance, been cases where shop floor managers and senior managers have held
differing viewpoint on certain issues. For instance, the employment of women in 1984 is a case in point. This clearly points to the complex nature of an organization and·the context within which the struggles by the workers against management are couched. It is a context full of contradictions in which class, race, gender and personal issues are articulated. These interests and issues are intertwined to the extent that more often than not, it is extremely difficult to isolate and distinguish between them in real life.