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One of the requirements of registration as a trade union is whether it is functioning as an actual or genuine trade union. In order to maintain registration, and avoid the Registrar of Labour Relations deregistering it, the trade union must continue to conduct itself as a genuine trade union.

The question is: "When does a trade union cease to operate as a genuine trade union and what, if anything, can an employer do where this impacts the parties' rights to collectively bargain?"

The Labour Court was faced with this very dilemma in the matter of South African Airways (SOC) Ltd and Another v National Transport Movement and Others.
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