Subject to any arrangement which the individual trade unions and members of employers' organisations may agree to at plant level, the following provisions shall be applicable:
| (a) |
Unions officials, may hold meetings with employer representatives for the purposes of discussing this Agreement, issues that arise here from or any other matter of mutual interest: Provided that such meetings shall be held at a time and place that is mutually convenient to the employer representative and the trade union officials. |
| (b) |
The employer and the trade union shall Inform the other party in writing of the names and status of their respective representatives. No other person shall act on behalf of the employer or the trade union.The employer and the trade union agree to inform the other party of any changes to their representatives in writing. |
| (c) |
In addition to the access specifically granted to the trade union officials in terms of this Agreement, a maximum of two union officials shall be entitled to have access to trade union representatives and union members during their lunch break, not more than once per calendar month.The date of such access shall be agreed upon between a union official and a representative of the employer. |
| (d) |
Trade union officials shall not have access to trade union representatives and union members during their working hours unless they have obtained the written consent of a representative of the employer beforehand. |
| (e) |
The employer shall specify the area at the premises which shall be used by trade union officials for the purposes of any meeting with trade union representatives and union members. |
| (f) |
No meeting consisting of more than four trade union members shall be arranged either by trade union officials or trade union representatives at the premises during normal working hours, excluding lunch breaks, without the permission of a representative of the employer. |
| (2) |
Restriction on access: |
| (a) |
The activities of the trade unions and in particular that of trade union representatives referred to in this clause shall not interfere with the employer's operation and productivity and shall not exceed the limits and purposes of this Agreement. |
| (b) |
Should such interference persist, the employer may, by written notice to the union, immediately vary or withdraw the access granted. |
| (c) |
The trade unions shall comply with the security and safety regulations of the employer. |
| (3) |
Stop order facilities: |
| (a) |
The employer shall deduct union subscriptions from the wages of union members and shall account and pay to the trade union on or before the 15th of each following month the aggregate amount deducted. |
| (b) |
No subscription shall be deducted from the wages of a trade union member unless he signed a stop order authorising a specific deduction from his wages, and the stop order shall be lodged with the employer by the trade union until the employee has furnished proof of being a member of that union and employed in the sector. |
| (c) |
A trade union member may authorise deductions to cease, subject to one month's notice, by addressing a written request to the employer and the trade union. |
| (d) |
The employer shall not be responsible for the collection of any subscription which for any reason, may be in arrears. |
| (e) |
The employer shall submit a monthly remittance to the trade union reflecting the names of members in respect of whom deductions have been made, a copy of requests to revoke membership and the amounts/period for which deductions were made. |
| (f) |
Where there has been a change in trade union subscriptions in accordance with the constitution of the trade union, one calendar month's written notice of such change shall be given by the trade union to the employer. Such notice shall be accompanied by a stop order signed by each trade union member author sing such increased deduction. The employer shall raise the deduction accordingly. |
| (4) |
Recognition and duties of trade union representatives: |
| (a) |
A trade union representative shall represent the trade union at the premises of the employer in accordance with the rights and obligations applicable to them as set out in this Agreement and any other agreements entered into between the employer and the trade union. |
| (b) |
Any trade union representative shall be entitled to assist and represent union members in recording any grievance that the union members may have or at disciplinary hearings. |
| (c) |
A trade union representative shall consult with the employer for the purpose of promoting co-operation and understanding and preventing the occurrence of grievances and disputes. |
| (d) |
A trade union representative shall consult with trade union members only during work breaks such as lunch intervals and without delaying the working process. |
| (e) |
The trade union representatives shall at all times observe their terms and conditions of employment and shall be subject to the same disciplinary and performance standards as other employees. |
| (f) |
If an employer has the facilities of a photocopier and fax-machines, the employer may permit Union representatives the reasonable use of such facilities under the supervision of management provided that permission has been obtained from management prior to the use of such facilities. |
| (5) |
Election of trade union representatives: |
| (a) |
Trade union representatives and their alternates shall be elected during normal working hours by union members in terms of this Agreement by secret ballot for a period of two years to represent them in terms of this Agreement, subject to the following: |
| (i) |
The election of trade union representatives and their alternates during working hours shall not disrupt the normal working processes and smooth running of the employer's business. |
| (ii) |
The election date and procedural detail for the election shall be agreed with the employer at least seven working days prior to the election date. |
| (iii) |
The number of trade union representatives in respect of each place where the employer conducts its operations shall be as follows: |
|
NUMBER OF TRADE UNION MEMBERS
|
NUMBER OF SHOP STEWARDS
|
|
10
|
One
|
|
10-50
|
Two
|
|
50-299
|
Two for the first 50 plus one for each additional 50 up to a maximum of seven
|
|
300-600
|
Seven for the first 300 plus one for every 100 additional members up to a maximum of 10
|
| (iv) |
Only trade union members in good standing may nominate trade union representatives and only union members in good standing in the interest group may be nominated and elected as trade union representatives or alternates. Candidates must, nevertheless, have at least one year's continuous service with the employer. |
| (b) |
A recognised trade union representative or alternate shall resign from office— |
| (i) |
on being promoted or appointed to a managerial position: Provided that he shall resign not later than the effective date of his appointment or promotion: Provided further that he shall be free to decline or accept the promotion and shall not be victimised as a result of declining the promotion; |
| (ii) |
on ceasing to be employed by the employer; |
| (iii) |
on ceasing to be a member of the trade union; |
| (iv) |
on resigning as a trade union representative or alternate; and/or |
| (v) |
on receiving a written request for his resignation supported by the majority of trade union members in his constituency. |
| (6) |
Leave for trade union activities: |
| (a) |
Trade union representatives of a party to the Council may be granted five (5) days' paid and five (5) days unpaid training leave per annum by the employer to undergo training or to attend a conference on any subject relevant to the performance of the functions of a trade union representative: Provided that no days training or conference leave shall be permitted to be taken on Fridays, Saturdays, Sundays or public holidays. |
| (b) |
a request for such leave shall be accompanied by written application from the trade union, given seven days' notice and setting out the nature of such training or conference and name of the institution which will conduct such training: Provided that no days will be permitted on Fridays, Saturdays and Sundays or Public Holidays. |
| (7) |
Peace obligation: Neither an employer or a trade union or its members shall cause, sanction or participate in any strike or lock-out directed against the other party: |
| (i) |
concerning any issue which is the subject matter of a substantive agreement during the period of such agreement and, in particular, where the issue has been negotiated at the Council and the collective agreement has been concluded in this regard;or |
| (ii) |
concerning issues which are not the subject matter of a substantive agreement unless such industrial action forms part of the dispute resolving procedures; or |
| (iii) |
during an arbitration or arising out of an arbitraral award whether such arbitration is conducted by a private agency, the Commission for Conciliation, Mediation and Arbitration,the Labour Court or the Council. |
| (8) |
Internal Dispute Resolution Procedures: |
| (a) |
Where a dispute has been declared, the party declaring the dispute shall furnish written particulars of the dispute to the other party, this notice setting out the nature of the dispute and the proposed terms of settlement. |
| (b) |
The party receiving the notice of dispute shall, within five working days of receipt thereof, notify the aggrieved party in writing of its response and shall further set out its proposed terms of settlement. |
| (c) |
A meeting of the parties shall be convened within five working days of receipt by the aggrieved party of the other party's statement. |
| (d) |
If agreement is not reached regarding the dispute or part thereof at the meeting held in terms of (c) above, then the parties may consider alternative methods of resolving the dispute, such as referral to conciliation or arbitration. |
| (e) |
If the dispute remains unresolved after the exhaustion of these procedures either party may refer the dispute to the Bargaining Council for resolution in terms of the relevant method provided for in terms of the Act or, where the Act provides solely for the nature of the dispute to be resolved by the Commission for Conciliation, Mediation and Arbitration, to such Commission. |
| (a) |
Industrial action means strikes and lock-outs as defined in the Act and includes go-slows, pickets, overtime bans, work to rule and product boycotts. |
| (b) |
No industrial action shall be taken by either party pending the exhaustion of relevant procedures of this Agreement and the LRA (see Code of Good Practice:Collective Bargaining, Industrial Action and Picketing). |
| (10) |
Industrial action rules: |
| (a) |
Any industrial action engaged in by the union members shall be conducted in a peaceful and orderly manner. |
| (b) |
Strikers shall not interfere with the conduct of the employer's business or with the employer's suppliers or customers and shall only remain on that part of the employer's premises where they cannot interfere with the normal activities of the firm and not within less than 20m of any entrance or exit of the premises during the normal hours of work, observing, at all times, the employer's normal rules and regulations. |
| (a) |
A trade union may authorise a picket by its members and supporters for the purpose of peacefully demonstrating in support of any protected strike or in opposition to any lock-out. |
| (b) |
Such a picket may be held in any place to which the public has access outside of the premises of an employer or, with the permission of the employer, inside its premises. The employer undertakes not to unreasonably withhold consent to its employees peacefully picketing within its premises. |
| (12) |
Replacement labour: The employer has the right to utilize replacement labour, save and except in circumstances where such employer has implemented a lock-out or except in circumstances where the lock-out is in response to a strike. |
| (13) |
Severance pay: The employee shall be entitled to one week's severance pay for each completed year of continuous service with that employer in instances where that employee was dismissed for reasons based on the employer's operational requirements, subject to section 196(3) of the Act. |
South African Council for Educators Act, 2000
