Worklaw Discussion Forum

Discussion Topic:
Worklaw's April newsflash covers the recent Concourt decision restricting AMCU's right to strike at workplaces at which it has majority membership. Do you agree with the approach adopted by the ConCourt in the interests of orderly collective bargaining based on the majoritarian principle? - Emmanuel

Madike Peter
My comments is all union has to enjoy the same rights when coming to stike action provided the strike is a legal strike. No union should be disadvantaged merely on the basis of majority or minotiy status.

posted on: Wednesday, May 17, 2017 - 8:43:51 AM

Most Constitutional rights are not absolute - they involve a balancing of competing rights. I reckon the ConCourt got it right here. You cant have a rival minority union, viewing the company as a whole, dictating terms as Amcu attempted to do here. The same principles will act in Amcu's benefit if they achieve an overall majority.

posted on: Monday, May 15, 2017 - 8:37:54 AM
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