From about 1976 onwards when management in South Africa began recognising trade unions for the purposes of collective bargaining it was falsely assumed that all such negotiations would be conducted in good faith.

When Halton Cheadle was tasked by Minister of Labour Tito Mboweni in about 1994 to ‘design’ and new labour relations system and produce draft legislation a deliberate choice was made to exclude any rights or duties to ‘bargain in good faith‘ over matters of mutual interest.

There is such a requirement of good faith bargaining in the USA but disputes take many years to be resolved.

In other words unlike disputes of right, disputes of interest had to be resolved by the parties using ‘power-play’.

It was therefor to be expected that during the bargaining process and any resulting ‘power-play’, in the form of strikes and lockouts, the parties would adopt tactics that could not be questioned in any court.

This document suggests that it was a strategy of some unions to adopt a ‘hostile’ stance to achieve their own ends.

From personal experience I know that in negotiations with union representatives in about 1984 when it was suggesed that management and the union shared concerns for the common interests of the business, the union made it clear that they could not agree with such an approach.

“PRIVATE AND CONFIDENTIAL – NOT FOR CIRCULATION
BASIC PRINCIPLES FOR UNION NEGOTIATORS

Handed to FOSATU Affiliated Union Officials

1. Insist on becoming involved in all work-related matters, since all job changes (e.g. new equipment, new methods, etc) could have an effect on job opportunities, quality of work-life or pay. The job and conditions of work can’t be separated as management is trying to do.

2. When you are not getting what you want, change the subject and come back to it later when it suits you.

3. Find opportunities for personal attacks on members of the management team about their anti-worker attitudes or anti­-Black attitudes. These attitudes mean that their motives can’t be trusted and they will always try to exploit the work force if they get the chance to do so.

4. When unsure what to do next (e.g. when you feel you are losing ground) caucus without declaring your position.

5. Reveal as few facts and opinions as possible but don’t twist the facts, since you can get caught out and this would weaken your position and add to the mutual distrust between yourself and management.

6. Challenge the agenda whenever you have the opportunity to do so.

7. Use the bad reactions of the workforce as a lever when management won’t accept your demands and your arguments.

8. When challenged and unsure how to respond, plead ignorance, lack of resources and lack of sophistication so as to get management’s sympathy or at least change the focus of the problems.

9. When the negotiation is going against you, tell them you don’t understand and ask for more explanation. Repeat this request and challenge management with any change or inconsistency in their facts or point of view.

10. Pick up vague or general statements made by management and ask what is meant by them so as to find gaps in their case.

11. When you have really run out of arguments and ability to influence management, tell them you will have to refer back to the workforce to get their reaction.

12. When management show real evidence of wanting to understand your problems and needs, and to move from their position, acknowledge it and work towards a solution with them.

13. Don’t let management deceive you into “let’s work together as partners”, since this could undermine your credibility with the workforce. You cannot afford to fraternize with management and lose sight of your prime goals which are:

a) to increase your power and influence as worker representatives
b) to represent and protect the interests of the workforce.
c) to promote worker solidarity and identity.

14. Overstress your feelings of frustration, disappointment, disillusion, anger or indifference to help you strengthen your position.

15. Accuse management of being emotional or for getting upset when they show strong feelings in their interaction you, and point out that an objective discussion is not possible if they become emotional.”