LLW2602 May/Jun 2015 exam paper — questions

Every question, by topic

1. Question 1(a)(i) · Organisational rights of trade unions · 4 marks

   XYZ is a mining company with 120 employees. On 1 October 2014 ABC, a workers' union with 70 members at XYZ's shaft, sends a notice to XYZ informing XYZ that ABC intends to exercise organisational rights within the workplace. On 18 October 2014 negotiations take place between ABC and XYZ, and a collective agreement is concluded in terms of which ABC is granted all organisational rights within the workplace. With reference to section 21 of the LRA, state what information ABC was required to include in the notice it sent to XYZ.Show the full questionShow less

2. Question 1(a)(ii) · Organisational rights of trade unions · 5 marks

   XYZ is a mining company with 120 employees. On 1 October 2014 ABC, a workers' union with 70 members at XYZ's shaft, sends a notice to XYZ informing XYZ that ABC intends to exercise organisational rights within the workplace. On 18 October 2014 negotiations take place between ABC and XYZ, and a collective agreement is concluded in terms of which ABC is granted all organisational rights within the workplace. Discuss ABC's organisational right, in terms of section 14 of the LRA, to elect shop stewards.Show the full questionShow less

3. Question 1(a)(iii) · Organisational rights of trade unions · 1 mark

   XYZ is a mining company with 120 employees. On 1 October 2014 ABC, a workers' union with 70 members at XYZ's shaft, sends a notice to XYZ informing XYZ that ABC intends to exercise organisational rights within the workplace. On 18 October 2014 negotiations take place between ABC and XYZ, and a collective agreement is concluded in terms of which ABC is granted all organisational rights within the workplace. Assume instead that ABC and XYZ could not reach an agreement regarding organisational rights. Name the dispute resolution institution to which the matter would be referred.Show the full questionShow less

4. Question 1(b) · Organisational rights of trade unions · 5 marks

   XYZ is a mining company with 120 employees. On 1 October 2014 ABC, a workers' union with 70 members at XYZ's shaft, sends a notice to XYZ informing XYZ that ABC intends to exercise organisational rights within the workplace. On 18 October 2014 negotiations take place between ABC and XYZ, and a collective agreement is concluded in terms of which ABC is granted all organisational rights within the workplace. The LRA allows employees to strike during the bargaining process in an attempt to persuade the employer to bargain. Describe the types of conduct by an employer that constitute 'a refusal to bargain'.Show the full questionShow less

5. Question 1(c) · Organisational rights of trade unions · 5 marks

   XYZ is a mining company with 120 employees. On 1 October 2014 ABC, a workers' union with 70 members at XYZ's shaft, sends a notice to XYZ informing XYZ that ABC intends to exercise organisational rights within the workplace. On 18 October 2014 negotiations take place between ABC and XYZ, and a collective agreement is concluded in terms of which ABC is granted all organisational rights within the workplace. Section 28 of the LRA sets out the powers and functions of a bargaining council. List any five of these powers.Show the full questionShow less

6. Question 2(a)(i) · Strikes, lock-outs and picketing · 5 marks

   MISA (Pty) Ltd is a Gauteng-based manufacturer and distributor of office furniture. For two months MISA (Pty) Ltd negotiated salary increases with its employees without reaching a positive outcome. After following the procedures set out in the LRA, the employees of MISA (Pty) Ltd embarked on strike action. Three weeks later, the employees of LISA (Pty) Ltd, a company that supplies MISA (Pty) Ltd with wood, also embarked on strike action in support of the MISA (Pty) Ltd employees. Provide a definition of a strike.Show the full questionShow less

7. Question 2(a)(ii) · Strikes, lock-outs and picketing · 2 marks

   MISA (Pty) Ltd is a Gauteng-based manufacturer and distributor of office furniture. For two months MISA (Pty) Ltd negotiated salary increases with its employees without reaching a positive outcome. After following the procedures set out in the LRA, the employees of MISA (Pty) Ltd embarked on strike action. Three weeks later, the employees of LISA (Pty) Ltd, a company that supplies MISA (Pty) Ltd with wood, also embarked on strike action in support of the MISA (Pty) Ltd employees. Identify the type of industrial action embarked upon by the employees of LISA (Pty) Ltd when they struck in support of MISA (Pty) Ltd's employees.Show the full questionShow less

8. Question 2(a)(iii) · Strikes, lock-outs and picketing · 3 marks

   MISA (Pty) Ltd is a Gauteng-based manufacturer and distributor of office furniture. For two months MISA (Pty) Ltd negotiated salary increases with its employees without reaching a positive outcome. After following the procedures set out in the LRA, the employees of MISA (Pty) Ltd embarked on strike action. Three weeks later, the employees of LISA (Pty) Ltd, a company that supplies MISA (Pty) Ltd with wood, also embarked on strike action in support of the MISA (Pty) Ltd employees. State the legal requirements that must be met for the industrial action identified for LISA (Pty) Ltd's employees to be protected.Show the full questionShow less

9. Question 2(a)(iv) · Strikes, lock-outs and picketing · 4 marks

   MISA (Pty) Ltd is a Gauteng-based manufacturer and distributor of office furniture. For two months MISA (Pty) Ltd negotiated salary increases with its employees without reaching a positive outcome. After following the procedures set out in the LRA, the employees of MISA (Pty) Ltd embarked on strike action. Three weeks later, the employees of LISA (Pty) Ltd, a company that supplies MISA (Pty) Ltd with wood, also embarked on strike action in support of the MISA (Pty) Ltd employees. Explain the protection to which employees of both MISA (Pty) Ltd and LISA (Pty) Ltd are entitled by virtue of their participation in a protected strike.Show the full questionShow less

10. Question 2(b) · Strikes, lock-outs and picketing · 6 marks

    MISA (Pty) Ltd is a Gauteng-based manufacturer and distributor of office furniture. For two months MISA (Pty) Ltd negotiated salary increases with its employees without reaching a positive outcome. After following the procedures set out in the LRA, the employees of MISA (Pty) Ltd embarked on strike action. Three weeks later, the employees of LISA (Pty) Ltd, a company that supplies MISA (Pty) Ltd with wood, also embarked on strike action in support of the MISA (Pty) Ltd employees. List any six services that have been designated as essential services as defined in section 213 of the Labour Relations Act (LRA).Show the full questionShow less

11. Question 1 · Organisational rights of trade unions · 2 marks

    Among the following statements about organisational rights, identify the one that is CORRECT.Show the full questionShow less

12. Question 2 · Strikes, lock-outs and picketing · 2 marks

    Identify which ONE of the following statements is INCORRECT.Show the full questionShow less

13. Question 3 · Organisational rights of trade unions · 2 marks

    An employer has at its disposal the following types of information: (A) private personal information of employees; (B) information relevant to the issues under discussion; (C) confidential information regarding the employer's business; and (D) information that is legally privileged. Which combination of these types of information does the employer NOT have to disclose to the union during collective bargaining?Show the full questionShow less

14. Question 4 · Collective bargaining and collective agreements · 2 marks

    Which ONE of the following demands is likely to be accepted by the Labour Court as a matter of mutual interest between employers and employees, and thus as a suitable matter for collective bargaining?Show the full questionShow less

15. Question 5 · Freedom of association and trade union security · 2 marks

    The members of which ONE of the following organisations are NOT excluded from the application of the LRA?Show the full questionShow less

16. Question 6 · Strikes, lock-outs and picketing · 2 marks

    On 1 January 2010 the employees of employer ABC embark on a protected strike. One of ABC's largest suppliers of raw materials is company XYZ. After the strike has continued for a week, the striking ABC employees, realising they are making no headway, call on the employees of XYZ to also embark on a strike, and the XYZ employees decide to do so. Which ONE of the following statements is INCORRECT?Show the full questionShow less

17. Question 7 · Strikes, lock-outs and picketing · 2 marks

    Which of the following actions will constitute a "strike" as defined in the LRA?Show the full questionShow less

18. Question 8 · Strikes, lock-outs and picketing · 2 marks

    Section 69(1) and (2) of the LRA limits the right to picket by requiring that a picket must be: (A) authorised by a registered trade union; (B) conducted peacefully; (C) conducted in opposition to any lock-out; and (D) conducted in support of any strike. Which ONE of the following combinations correctly reflects the requirements?Show the full questionShow less

19. Question 9 · Collective bargaining and collective agreements · 2 marks

    The definition of a 'collective agreement' is given below with some key words and phrases missing: 'A collective agreement is ... concerning ... concluded by one or more ... on the one hand and, on the other hand - one or more ..., one or more ...; or one or more ... and one or more ... .' Select the combination of words and phrases that CORRECTLY completes the definition, from the list below.Show the full questionShow less

20. Question 10 · Strikes, lock-outs and picketing · 2 marks

    Which ONE of the following is NOT a requirement for collective action by employees to constitute a "strike" as defined in the LRA?Show the full questionShow less

21. Question 11 · Freedom of association and trade union security · 2 marks

    With regard to closed shop agreements, which ONE of the following statements is INCORRECT?Show the full questionShow less

22. Question 12 · Freedom of association and trade union security · 2 marks

    With regard to agency shop agreements, which ONE of the following statements is INCORRECT?Show the full questionShow less

23. Question 13 · Collective bargaining and collective agreements · 2 marks

    Which ONE of the following scenarios is an example of a dispute of interest (as opposed to a dispute of right)?Show the full questionShow less

24. Question 14 · Strikes, lock-outs and picketing · 2 marks

    Which ONE of the following statements regarding lock-outs in general is INCORRECT?Show the full questionShow less

25. Question 15 · Strikes, lock-outs and picketing · 2 marks

    Which ONE of the following statements about the definition of a strike is CORRECT?Show the full questionShow less

26. Question 16 · Organisational rights of trade unions · 2 marks

    Which ONE of the following statements regarding access to the workplace as an organisational right is CORRECT?Show the full questionShow less

27. Question 17 · Strikes, lock-outs and picketing · 2 marks

    Which ONE of the following statements regarding a secondary strike is CORRECT?Show the full questionShow less

28. Question 18 · Workplace forums · 2 marks

    Which ONE of the following statements regarding workplace forums is CORRECT?Show the full questionShow less

29. Question 19 · Collective bargaining and collective agreements · 2 marks

    Which ONE of the following is NOT a function of a bargaining council in terms of section 28 of the LRA?Show the full questionShow less

30. Question 20 · Strikes, lock-outs and picketing · 2 marks

    Which ONE of the following statements regarding the requirements for protest action is INCORRECT?Show the full questionShow less