| (1) |
NUMBER OF SHOP STEWARDS: In any work place in which at least ten (10) members of a representative trade union are employed, those members are entitled to elect from among themselves:— |
| (a) |
if there are ten (10) members of the trade union employed in the workplace, one (1) Trade Union representative; |
| (b) |
if there are more than ten (10) members of the trade union employed in the workplace, two (2) trade union representatives; |
| (c) |
if there are more than fifty (50) members of the trade union employed in the workplace, two (2) trade union representatives for the first fifty (50) members, plus a further one (1) trade union representative for every additional fifty (50) members up to a maximum of seven (7) trade union representatives. |
| (d) |
if there are mare than three hundred (300) members of the trade union employed in the workplace, seven (7) trade union representatives for the first three hundred (300) members, plus one (1) additional trade union representatives for every one hundred (100) additional members up to a maximum of twelve (12). |
| (e) |
if there are more than 600 members of the trade union employed in the workplace, 10 trade union representatives for the first 600 members, plus one additional trade union representative for every 200 additional members up to a maximum of twelve (12) trade union representatives; and |
| (f) |
if there are more than one thousand (1000) members of the trade union employed in the workplace, twelve (12) trade union representatives for the first one thousand (1000) members, plus one (1) additional trade union representative for every five hundred (500) additional members up to maximum of twenty (20) trade union representatives. |
| (2) |
The name/s of the shop steward/s and/or senior shop steward/s elected in the employer's establishment shall be conveyed to the employer in writing by the trade union as soon as they become known. |
| (3) |
The constitution of the representative trade union governs the nomination, election and the terms of office and removal from office of a trade union representative. |
| (4) |
A trade union representative has the right to perform the following functions:— |
| (a) |
at the request of an employee in the workplace, to assist and represent the employee in grievance and disciplinary proceedings; |
| (b) |
to monitor the employer's compliance within the workplace related to the provisions of this Agreement and of any law regulating terms and conditions of employment and any collective agreement that is binding on the employer; |
| (c) |
to report any alleged contravention of the workplace related provisions of this Agreement and of, any law regulating terms and conditions of employment and any collective agreement that is binding on the employer to:— |
| (ii) |
the representative trade union; and |
| (d) |
to perform any other function agreed to between the representative trade union and the employer. |
| (5) |
SHOP STEWARD TRAINING: For the purpose of attending the training course and/or training seminars arranged by the trade union party to this Agreement, shop stewards shall be entitled to three days' paid leave per annum and senior shop stewards to six days' paid leave per annum with effect from the date of coming into operation of this Agreement, subject to the following conditions: |
| (a) |
The cycle of shop steward leave shall commence on 1 January of each year. Leave not taken by the shop steward and/or senior shop steward shall accrue to a newly elected shop steward and/or senior shop steward during any one leave cycle. Leave shall not be cumulative nor shall it be transferable from one employer to another. |
| (b) |
Shop steward leave shall only be taken in the first eight calendar months of the year. |
| (c) |
The trade union shall make the training course and/or training seminar content available to the employer at least seven days in advance. |
| (d) |
Prior arrangements shall be made by the trade union with the employer for the release of the senior shop steward and/or shop stewards. Not more than fifty percent (50 %) of the elected shop stewards at any particular employer shall attend in a training course and/or training seminar on any particular day. |
| (e) |
A senior shop steward and/or shop stewards from any one employer shall not be required to attend a training course and/or attend a training seminar on/over consecutive days. |
| (f) |
The trade union shall furnish the employer with written proof that the training course and/or training seminar, for which purpose the paid leave was granted, was attended by the particular senior shop steward and/or shop stewards concerned. |
| (6) |
TRADE UNION OFFICE BEARERS - TIME OFF WORK |
Time off work for trade union office bearers to attend trade union business is to be discussed directly with the employer of the respective trade union office bearers.
South African Council for Educators Act, 2000
