Revisiting Accountability in Industrial Action
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Transcript of Revisiting Accountability in Industrial Action
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PRESENTATION TO THE GOVERNANCE CONFERENCE
21 MAY 2012
REVISITING ACCOUNTABILITY IN INDUSTRIAL ACTION
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OUTLINE
AN INHERENT RISK
DEBUNKING CONVENTIONAL WISDOM
UNPACKING THE CAUSES OF INDUSTRIAL ACTION
MITIGATING THE RISK STRATEGICALLY & OPERATIONALLY
CONCLUSIONS
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AN INHERENT RISK
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INDUSTRIAL ACTION, AN INHERENT RISK
Constitutional right to strike
Normal part of the collective bargaining process
Balancing power in the employment relationship
A risk with adverse consequences, that can be mitigated
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AN INHERENT RISK WITH ADVERSE CONSEQUENCES
Characterised by intimidation & violence Leads to breakdown of relationships between employers and
trade unions Disrupts business continuity Trade union rivalry and instability Adversely impacts productivity Causes loss of profits & loss of jobs
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DEBUNKING CONVENTIONAL WISDOM
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DEBUNKING CONVENTIONAL WISDOM
Conventional wisdom lays the accountability and responsibility of industrial action and its consequences at the feet of Trade Unions solely
Experience has shown that the seeds for industrial action are, more often than not, planted long before the customary ‘48 hour notice’ is issued.
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UNPACKING THE CAUSES
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SYMPTOM / EFFECT = INDUSTRIAL ACTION
CAUSES = VARIOUS FACTORS INVOLVING THE ROLEPLAYERS
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CAUSES WITHIN CONTROL OF EMPLOYERS
Unhealthy organisational culture Autocratic management style Outdated / outmoded workplace practices Inequitable employment practices e.g. pay anomalies, non-
standard employment Managing industrial relations by proxy ‘Lawyering up’ as a first resort
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CAUSES WITHIN CONTROL OF UNIONS
Under organising / no organising Ineffective representation Reluctance / refusal to speak out or act against perpetrators of
violence Ineffective / absent Strike Management
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CAUSES WITHIN CONTROL OF BOTH PARTIES
Failure to show Leadership Misconstruing the Labour Relations Act Ignoring Worker Voice Failure to agree Rules of Engagement Little / no joint preparation for collective bargaining Adherence to adversarial collective bargaining practices Over-familiarity between negotiators Failure to extract learnings from successive collective bargaining
rounds
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MITIGATING THE RISK
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MITIGATING THE RISK– STRATEGIC LEVEL
Shift from distributive / positional bargaining to interest based / mutual gains bargaining
Promoting a Model Workplace Managing conflict & resolving disputes in the workplace Effective communication with staff Commitment to peaceful industrial action at leadership level Education & awareness raising regarding rights in law
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MITIGATING THE RISK– OPERATIONAL LEVEL
BEFORE THE STRIKE Business continuity plan, including the use of replacement
labour which may increase risks of violence Picketing rules in place Contingency plan for violence, sabotage and emergencies,
keeping police involvement to a minimum Media plan Plan for communication with workers Strike settlement plan: use of mediation; availability of senior
decision-makers for revisiting mandates
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MITIGATING THE RISK– OPERATIONAL LEVEL
DURING THE STRIKE Manage the media – who speaks, when and what they say Avoid becoming entrenched in a position; remain open to
negotiations Accept CCMA section 150 offers Provision for mandating processes Communication with striking and non-striking workers Demonstrate respect – ablution facilities, water, reasonable
communication facilities
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MITIGATING THE RISK– OPERATIONAL LEVEL
AFTER THE STRIKE Communication and the Return-to-work process Media announcement Steps to restore relationship with workers and the union Reflect on causes of strike and build into plans to mitigate risks Reflect on success of contingency plans and learnings
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CONCLUSIONS
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CONCLUSIONS
Industrial action is an inherent risk
Accountability in industrial action must be apportioned between business and labour
The risk of industrial action is associated with adverse consequences
The risk can be mitigated through strategic and operational interventions involving both employers and trade unions