Section 200(1) of the Labour Relations Act (LRA) outlines the authority of registered trade unions to represent their members in disputes. This authority allows trade unions to act in various capacities, including in their own interest, on behalf of their members, and in the interest of any of their members.
The authority of the unions to represent is set out in section 200 (1) of the LRA and provides as follows: “A registered trade union…may act in any one or more of the following capacities in any dispute to which any of its members is a party:-
in its interest;
(b) on behalf of its members;
(c) in the interest of any of its members.”
In terms of section 23 (1) (d) of the LRA a collective agreement is even binding on employees who are not members of a trade union. That is the case if
the employees are identified in the agreement;
the agreement expressly binds the employees; and,
the trade union has as its members the majority of the employees employed by the employer in the workplace.
In Fakude & others v Kwikot (Pty) Ltd (2013) 34 ILJ 2024 (LC)
It was held that trade unions have the power and authority to make decisions to settle a dispute in the interest of its members. In particular to settle in the interest of the majority, although at the time, to the detriment of the minority of its members without necessarily having obtained members‟ consent. The principle has at its base majoritarianism and freedom of association. The decision taken cannot be vitiated by the fact that the decision was taken without proper regard for the interest of the minority of members. Members affected by a decision taken by a trade union without their consent are bound by such a decision and are unable as a matter of principle to withdraw from such an agreement.
In Manyele & Others V Maizecor (Pty) Ltd & Another7, the court held that:
“These last two mentioned categories warrant examination. To act in the interest of any of its members would be evidenced by an application by a union where other than asserting its representative capacity, it need not cite any of its members as such. This would cover situations where a controversy affected members other than personally or individually, in other words, intrinsically collective interests. It might be regarded as a species of class action. Where a union “acts on behalf of ” members, it does not “become” the agent of those members, because its pre-existing representative relationship already constitutes the foundation for that status and power. In my view, the union’s role under this rubric is akin to that of a curator ad litem in civil proceedings; that is to say, the union is the party in the proceedings. Philosophically, the union constitutes the institutional embodiment of the several members involved in the dispute.”
In Mzeku v Volks Wagen SA (Pty) Ltd and Others8 at 57 to 58, the court held that:
It is clear to us that the effect of sec 200(1) is to give a union that is registered - as opposed to one that is not registered- a statutory right to represent any of its members in any one or more of the three capacities there set out. This, therefore, means that in this matter the union was entitled to act on behalf of the appellants in dealing with the first respondent about the conduct of the appellants which threatened not only their own employment but also the employment of many of its other members who were not on strike. If the union was entitled to act on behalf of the appellants, the first respondent had to respect that right. The way to respect that right was to deal with the union on the basis that it was acting on behalf of its members. For the commissioner to have found, as he did, that the first respondent was not entitled to deal with the union as a representative of the appellants was to make a finding that is contrary to the express provisions of the Act.
For employers, this section of the Labour Relations Act delineates the rights of registered trade unions or employers' organisations in representing their members during disputes. Here's what it entails:
Representation in Disputes: According to Section 200(1) of the Labour Relations Act, registered trade unions or employers' organisations are empowered to represent their members in disputes. This representation can manifest in various capacities, including acting in the union's or organisation's own interest, advocating on behalf of individual members, or advancing the collective interests of their membership.
Entitlement to Participate: The Act also indicates that if one or more members of a registered trade union or employers' organisation are involved in proceedings governed by the Act, the union or organisation has the legal entitlement to be a party to those proceedings. This provision underscores the right of unions and organisations to actively participate in legal processes concerning their members.
For employers, this statutory framework indicates the potential involvement of representatives from registered trade unions or employers' organisations when disputes arise involving their employees who are affiliated with these entities. As explained in legal examinations and interpretations of the Labour Relations Act, employers should be aware of these provisions and engage with such representatives in compliance with the law and any relevant agreements or procedural requirements.
In the final analysis, Section 200(1) of the Labour Relations Act clarifies the rights of registered trade unions or employers' organisations to represent their members in disputes. Employers should recognize the potential involvement of these representatives and ensure compliance with legal obligations. It's essential for employers to engage constructively with union or organisation representatives in accordance with the law and any relevant agreements.
