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Public Service Coordinating Bargaining Council

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Public Service Coordinating Bargaining Council
NamePublic Service Coordinating Bargaining Council
Formation1990s
TypeTrade union federation
HeadquartersPretoria
Region servedSouth Africa
MembershipPublic sector unions

Public Service Coordinating Bargaining Council

The Public Service Coordinating Bargaining Council is a central bargaining forum that coordinates labour relations among public sector unions and employer representatives. It convenes stakeholders including South African Democratic Teachers Union, National Education, Health and Allied Workers' Union, Congress of South African Trade Unions, South African Municipal Workers' Union and governmental delegations from Department of Public Service and Administration, National Treasury, Union of South Africa and provincial administrations. The Council engages with entities such as Constitution of South Africa, Labour Relations Act, 1995, Public Service Act and statutory institutions like the Commission for Conciliation, Mediation and Arbitration.

History

The Council emerged during the post-apartheid reconfiguration that included negotiations involving Nelson Mandela, Thabo Mbeki, Winnie Madikizela-Mandela, Frederik Willem de Klerk and trade leaders from Oliver Tambo's era. Early rounds referenced accords such as the Constitutional Principles and interacted with frameworks influenced by International Labour Organization, International Monetary Fund and World Bank policy dialogues. Key milestones involved charters and memoranda negotiated alongside National Economic Development and Labour Council, Growth, Employment and Redistribution (GEAR), New Partnership for Africa's Development and provincial agreements involving Gauteng Provincial Government, Western Cape Government and KwaZulu-Natal administrations. Significant figures and institutions that shaped its development include the South African Communist Party, African National Congress leadership, unionists from COSATU and legal rulings from the Constitutional Court of South Africa.

Structure and Membership

The Council's composition reflects representation from recognized trade unions such as Police and Prisons Civil Rights Union, South African Police Union, Democratic Nursing Organisation of South Africa, Health and Other Services Personnel Trade Union of South Africa and employer-side institutions like Public Service Commission, Office of the Premier, Department of Health delegations and provincial human resources divisions. The secretariat interacts with agencies like Statistics South Africa, South African Revenue Service and Government Technical Advisory Centre. Elected office-bearers have included leaders with connections to ANC Youth League and interactions with legal counsel from firms that have represented parties before the Labour Appeal Court and High Court of South Africa.

Functions and Powers

The Council negotiates terms referenced in instruments such as the Basic Conditions of Employment Act and implements clauses compatible with the Public Finance Management Act. It sets frameworks on remuneration, conditional clauses linked to Ministry of Finance (South Africa), and employment practices aligned with decisions from the South African Human Rights Commission and standards influenced by United Nations guidelines. It also shapes policies that intersect with public service reform initiatives associated with Nelson Mandela Metropolitan University academic research, think tanks like the Taylor Institute and policy units in University of Cape Town's Centre for Social Science Research.

Collective Bargaining Processes

Bargaining rounds follow procedures similar to protocols used at National Economic Development and Labour Council, employing negotiation teams drawn from unions such as Associated Motor Holdings (labor affiliates), joint consultative forums with representatives from Department of Basic Education, Department of Health, Department of Correctional Services and sometimes observers from international organizations like the Organisation for Economic Co-operation and Development and African Union. Agreements are drafted with assistance from experts affiliated with University of Pretoria, Stellenbosch University and legal inputs from practitioners who have argued cases in the Labour Court of South Africa.

Agreements and Outcomes

Outcomes include multi-year wage agreements, job grading frameworks, and implementation protocols affecting personnel in entities like Eskom, Transnet and municipal administrations such as the City of Johannesburg and City of Cape Town. Agreements have been referenced in arbitration awards handled by the Commission for Conciliation, Mediation and Arbitration and incorporated into departmental circulars issued by National Treasury and directives enforced by Public Service Commission. Publicized settlements have drawn commentary from media outlets including Mail & Guardian, Daily Maverick and Business Day.

Dispute Resolution and Industrial Action

The Council's dispute mechanisms coordinate with statutory bodies including the Commission for Conciliation, Mediation and Arbitration, Labour Court of South Africa and Conciliation Boards. Industrial action has involved coordinated strikes by unions such as National Union of Mineworkers allies, resulting in interventions sometimes mediated by figures connected to Nelson Mandela Presidential Office and provincial commissioners. High-profile disputes have impacted services overseen by South African Social Security Agency, Department of Home Affairs and municipal utilities, prompting court interdicts and negotiated settlements referencing precedents set by the Constitutional Court.

Relations with Government and Other Unions

The Council maintains institutional links with executive departments including Office of the President (South Africa), Minister of Public Service and Administration, Minister of Finance (South Africa), and engages with federations like Congress of South African Trade Unions, Federation of Unions of South Africa and independent unions such as Solidarity (trade union). It also interfaces with research institutions at Human Sciences Research Council, Council for Scientific and Industrial Research and international partners including International Labour Organization delegations. Relations have been shaped by dialogues involving political entities like African National Congress, Democratic Alliance, Economic Freedom Fighters and legislative oversight from Parliament of South Africa committees.

Category:Trade unions in South Africa