Unions have received a welcome R2,5-million for training to prepare for the Labour Relations Act, writes Madeleine Wackernagel
While the implementation of the Labour Relations Act (LRA) proceeds at a snail’s pace, with promulgation next month now increasingly unlikely, the unions have received a welcome boost in preparing for the new order.
The African-American Labour Centre has donated R2,5- million to the National Economic Development and Labour Council (Nedlac) to finance training programmes for union leaders and their shop stewards from the Congress of South African Trade Unions, the Federation of South African Labour, the National Council of Trade Unions and their affiliates.
And not before time. “Training programmes have been put together, but so far most unionists are not well informed. Employers, not the unions, are proving to be most au fait with the act,” says labour analyst Gavin Brown.
This view is echoed by the National Union of Mineworkers (NUM). “The response to the LRA from the shopfloor has been quite enthusiastic, but training has not been to our satisfaction. By the time the act becomes effective, we should have had enough time to implement some basic training programmes. The whole process is ongoing; we will soon be taking it to the regions,” says a representative.
Described by one commentator as a “utopian piece of labour legislation compiled in an enormous rush, full of technical imperfections”, the act could become an embarrassment to Labour Minister Tito Mboweni as constant amendments threaten to delay promulgation until October at the earliest.
“The new LRA resembles the old one more and more — – a real patchwork quilt of amendments,” says Brown. “And without sufficient skills and training to put it to best practice, it could be a lame duck.”
But Nedlac for one was optimistic that the new funds would go a long way to boosting the training process.
Says executive director Jayendra Naidoo: “More than 2 000 shop stewards, union office bearers and organisers will be targeted for training, and thousands more will benefit from an LRA video programme piloted by Cosatu.”
Sekoati Mokoena of the South African Commercial Catering and Allied Workers’ Union, says the delays in implementing the LRA would give the unions more scope to get training programmes up to scratch. “The new law is much more understandable than the old one. Once the act is promulgated and the shop stewards are fully conversant with its contents, it won’t be difficult to put the act into practice.”
The exact reasons for delays in implementing the act are hard to pin down. But Nedlac, for its part, has fulfilled its side of the bargain. “Only two items are still outstanding,” says Naidoo. “Work on the drafting of codes of practice for picketing and retrenchments, and setting criteria for demarcations of sectors, is due to finish soon, while the other key tasks have been completed in good time.”
These include nominating members for the Commission for Conciliation, Mediation and Arbitration; advising on the seat of the new Labour Court and potential candidates for the role of judge president and a deputy; submissions for the Rules Board and Essential Services Committee; and approving and finalising the LRA Amendment Bill.
Setting up these institutions has proved more difficult than anticipated, says the Department of Labour. “We’re going at full speed to put the framework in place, but so far we cannot put a date on the final promulgation of the Act. Unfortunately, the amendments tabled before the end of the last parliamentary session were not passed because a quorum could not be reached, which has delayed things further.”