study unit 4 chapter 7

Trade unions access to workplace

only for sufficiently represented, many of there members are in that company or parties to bargaining council may conclude collective agreements establishing a threshold of representatives

deduction of trade union subscriptions or levies

only ones that are sufficiently represented can deduct subscriptions r levies from employees remuneration, employee must consent and this can be revoked

election of trade union officials

a registered or two+ unions working together, whose members are majority employed by an employer may elect representative, number is proportional and they have rights and duties 

leave for trade union activities 

employee who is an office bearer of a represented union is allowed reasonable eave during working hours

Organizational rights

LRA give rights to representative unions, registered TU or TU's working together

disclosure of information

registered or 2+ TU who members are a majority may request certain info of employer, disputes about access to info goes to CCMA 

exercise of TU rights 

a registered TU may notify an employer in writing that it seeks to exercise 1+ TU rights conferred by LRA, employer must meet with TU within 30 days and endeavor to conclude a collective agreement, if collective agreement not concluded then dispute referred to ccma 

writen agreements concerning T&C of mployment or any matter of of mutual interest, concluded by one or more employers or registered employers ORGs

Parties of agreement, current and future members of the TUs, any employees expressly identified in the agreement, disputes relating to interpretation of these disputes may be referred t the CCMA

agency shop agreement

requires deduction of agency fee from all employees identified in agreement and not apart of the TU, only TU whose members are majority and this deduction does not require consent

closed shop agreements 

requires all employees at workplace to be members, must be registered TU and majority of employees at a workplace, may dismiss new employee that refuses to join TU closed party agreement or who refused membership of TU on fair grounds

strikes and lockouts

common law regarded a strike a a breach, constitution views it as essential for bargaining, the right to strike is limited by section 64 of LRA which provides employer recourse for lockouts

refusal to work

refusal to do the work that the employers are contractually bound to c

concerted refusal to work

there must be a joint refusal to work and common purpose

against an employer

action must be directed at an employer, in the case of a secondary strike, he action will be directed against the employer of other strikes

remedying a grievance or resolving dispute

employees must demand something, lock outs: employer locks-out employees to give in demand, must be a mutual interest matter, employer does not have to pay during protected lock out, opposite o a strike

requirements for protected strikes and lock-outs

referral of dispute to CCMA or relevant bargaining council, 30 days must pass since referral received by CCMA or CCMA issues a certificate tat dispute remans unresolved and at least 48 hours of commencement of strike or lock out given in writing

limitations on strikes and lock outs 

issue is dealt with collective agreement(prohibiting strikes/lockout), parties bund to an arbitration agreement, issue in terms of which there is a right to refer to arbitration or LC 

exceptions to limitations on strikes and lock outs

disputes relating to organizational rights for a TU and employer does not grant them and TU has no right to refer arbitration and may not refer matter to arbitration for 12 months after giving notice of strike

protected strikes or lock outs

no delict committed, no obligation for employer to remunerate employees, employer may not dismiss employees taking part in a protected strike, employer can dismiss employees guilty of misconduct, or on accounts of operations, civil legal proceedings may not be instituted against any person for participating

unprotected strikes

labor court can grant an interdict or order to restrain any person from participating in such a strike or lock out, labor court can order payments of just compensation for any loss attributable to strike or lock out, provided they take into account certain factors

replacement labor 

employer may take into employment persons to continue or maintain production during a strike, labor broker or independent contractor, replacement employees can be employed permanently, scab labor s not allowed if whole part of employers service i a maintenance service except if lock out is a response to a strike