QUESTION 1 (a) The right to freedom of association is one of the basic foundations of collective bargaining. Discuss the protection of employees' right to freedom of association in terms of the Constitution and the International Labour Organisation (ILO) Conventions. (8)

(b) Paul, who is employed by Employer A as a technician, is a shop steward (trade union representative) for Trade Union B. After completing his Diploma in Management at UNISA, Paul was promoted to a management position. He was, however, informed by Employer A that since he is now part of management, he must relinquish his position as a shop steward and terminate his membership with Trade Union B. Discuss the functions of a shop steward and whether Employer A is correct to ask Paul to relinquish his position in Trade Union B and terminate his union membership. (12) QUESTION 2 (a) The Constitution provides for the right to engage in collective bargaining, however, there is no duty upon employers and trade unions to bargain with each other. Discuss the main goal of collective bargaining. Your answer must also include the ways through which the LRA encourages collective bargaining and the distinction between 'centralised' and 'decentralised' bargaining. (12) (b) Bashumi Workers Association ('BWA') is a trade union with majority representation in Jan Werk (Pty) Ltd ('JW'). At the beginning of September, BWA and JW engaged in negotiations about an annual wage increase and annual leave for employees. As a result, a collective agreement was concluded between the parties, which will be operational for a period of two years. Discuss the binding effect of the collective agreement between BWA and JW. (8) QUESTION 3 (a) The LRA makes provision for the establishment of workplace forums in order to promote employees' participation in various matters within the workplace. Who may establish a workplace forum, and how does a workplace forum differ from a trade union? (8)

(b) Members of Energy Employees Association ('EEA') who are employed by Batho- Pele (Pty) Ltd ('BP') refuse to work after parties reached a deadlock during negotiations regarding payment for overtime work. Members of EEA want to pressurise BP to accede to their demand regarding overtime pay. With reference to the scenario above, briefly discuss the "refusal to work" as a component of a strike action. Your discussion must also explain the procedural requirements that members of EEA must comply with for the strike to be regarded as a protected strike action. (12)

QUESTION 4 (a) Sweet Tooth ('ST') supplies Chocolate Manufacturers ('CM') with sugar for the manufacturing of chocolates. Members of Sugar Employees Association ('SEA') employed by ST embark on a strike action in support of employees of CM who are in dispute with their employer regarding a new promotion criterion. Discuss the nature of the strike by members of SEA and the requirements which must be met for the strike action to be protected. Also, discuss the requirements that would have to be complied with if members of SEA would embark on a protected picket. (10)

(b) Discuss the dismissal of employees as a legal consequence for their participation in an unprotected strike. (10)