Resumo

SAMUEL, MO. The mineworkers' unprocedural strike: setting the path for redefining collective bargaining practice in South Africa. JCMAN [online]. 2013, vol.10, n.1, pp.239-258. ISSN 1815-7440.

The propensity for workers in South Africa to undertake unprocedural industrial action has assumed a worrisome dimension in recent years. The author examines the current strike actions by workers, especially in the mining industry, in relation to the collective bargaining procedure recognised by the labour legislation. The emerging evidence suggests a radical departure by workers from the established collective bargaining and labour dispute resolution procedures stipulated by the Labour Relations Act no. 66 of 1995. The current trend is for workers to disregard requirements of the labour legislation, and to breach provisions of existing collective agreements duly executed by elected labour union officials by embarking on wildcat strike actions, in the process employing violence, arson, intimidation and threats in order to force employers to accede to their demands. This unconventional collective bargaining and dispute resolution mechanisms 'invented' by workers portend grave danger for a peaceful and harmonious industrial relations practice in the country.

Palavras-chave : collective bargaining; dispute resolution mechanism; illegal industrial actions; labour relations legislation; wildcat strike.

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