Study Unit 8 Flashcards
Right to Freedom of Association
what does the employees right to freedom of association entail?
a)To form a TU, to join a TU, to
participate in the lawful activities of the
TU and to be a union office bearer or
official
b) Protection against discrimination
c) Protection against victimizatio
what did the IMATU v Rustenburg Transitional Council case state regarding the right of senior managerial employess right to freedom of association?
Senior managerial employees may
join trade unions as long as there is no conflict of interest.
Exceptions to Freedom of Association
What is a closed shop agreement?`
Closed shop agreement: a majority trade union and an employer may conclude a collective agreement that all employees working for the employer must belong to that trade union. It is not unfair to dismiss
an employee if he/she does not join the union.
-However, the majority trade union must conduct a
ballot and 2/3 of those who voted must be in favour
of the closed shop agreement
Exceptions to Freedom of Association
what is an agency shop agreement?
Agency shop agreement: a majority trade union and an employer may conclude a collective agreement that employer must deduct a fee (agency fee) from all
employees who are not members of the majority union.
-However, the employee does not have to
become a trade union member of the majority trade
union.
why are union security arrangements concluded?
1.Free Riders must pay their own way
2.LRA’s objective is to promote collective bargaining
what are the 5 statutory organisational rights for trade unions?
Chapter 3 of the LRA
- Access to the workplace (s 12)
- Deduction of trade union
subscriptions (s 13) - Election of trade union representatives
(s 14) - Leave for trade union activities (s 15)
- Disclosure of information (s 16).
What is the S12 TU right of access to the workplace?
-recruiting members
-communication with members
-serving members interests
-holding meetings outside working hours
-holding elections at the workplace
what is the S13 TU right to deduct TU subscriprions?
TU Rep authorises employer to deduct TU subscriptions from their wages
-employee can revoke deduction through 1 month written notice to TU and Employer
what is the s14 TU right to elect TU Reps?
TU reps can take time off with pay during working hours to perform their TU rep functions
-No. of TU reps that can be elected depends on no. of union members only if there are 10 members
what is the S15 TU right to leave?
An employee is allowed to take reasonable leave during working hours for purposes of performing the functions of the TU
what is the S16 right to disclosure of info?
Disclosure of Info to a TU representative,
majority trade union ,and a workplace forum in order to allow s14 TU rep to perform their functions
How do TU’s qualify for organizational rights?
-Trade union must be registered ito the LRA to qualify for org rights
-trade unions with very low
representivity (those that represent a very small no of employees) at a workplace do not qualify for statutory org rights.
-Any “representative” trade union can either be a “majority” trade union (50% + 1 member) at a workplace, or a sizeable union who does not have a majority, that is a “sufficiently representative” trade union.
How is representitivity determined?
Representivity is determined withreference to the particular workplace where the TU seeks organisational rights
**Association of Mineworkers v Chamber of Mines **– not the place where any single employee works, but where the employees collectively work.
what is a sufficently represented trade union?
-TU’s that are relatively big but are not the majority TU in the workplace
-Organisational rights are:
*Access to the workplace (s 12)
*Deduction of trade union subscriptions (s13)
*Leave for trade union activities (s 15)
Majority trade unions have the right to all 5
organisational rights (the above 3 rights + rightto elect TU shop stewards and disclosure of information)
what is the dispute process for a TU’s statutory organisational rights?
1.TU seeking to exercise org rights must notify employer
2.Notice must be accompanied by certificate of registration and certain info must be specified
3.Employer must meet with TU within 30
days to conclude collective agreement’
4.If collective agreement not concluded,
either party can refer dispute to the
CCMA
5.In deciding whether union is sufficiently
representative, commissioner must
seek to minimise financial and admin
burden; minimise the proliferation of
trade unions and consider a no of
factors
