| (1) |
Number of Shop Stewards - In any workplace in which at least 10 members of a representative trade union are employed, those members are entitled to elect from among themselves:— |
| (a) |
if there are 10 members of the trade union employed in the workplace, one trade union representative; |
| (b) |
if there are more than 10 members of the trade union employed in the work place, two trade union representatives; |
| (c) |
if there are more than 50 members of the trade union employed in the workplace, two trade union representatives for the first 50 members, plus a further one trade union representative for every additional 50 members up to a maximum of seven trade union representatives; |
| (d) |
if there are more than 300 members of the trade union employed in the workplace, seven trade union representatives for the first 300 members, plus one additional trade union representative for every 100 additional members up to a maximum of 10 trade union representatives; |
| (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 12 trade union representatives; and |
| (f) |
if there are more than 1 000 members of the trade union employed in the workplace, 12 trade union representatives for the first 1 000 members, plus one additional trade union representative for every 500 additional members up to a maximum of 20 trade union representatives. |
[Clause 29(1) substituted by section 6 of Notice No. 894, GG43628, dated 20 August 2020]
| (2) |
The names/s of the shop steward 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, 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 with the workplace -related provisions of this Agreement, any law regulating terms and conditions of employment and any collective agreement binding on the Employer; |
| (c) |
to report any alleged contravention of the workplace -related provisions of this Act, any law regulating terms and conditions of employment and any collective agreement 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 training courses and/or training seminars arranged by the trade union which is a 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 the 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 a 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. Shop Steward leave shall not be cumulative nor be transferable from one Employer to another or from one year to another. |
| (b) |
Shop stewards' leave shall be taken only during 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 an Employer for the release of the senior shop steward and/or shop stewards. Not more than 50 percent of elected senior shop stewards and/or shop stewards at any particular Employer's firm shall attend the training course and/or training seminar on any particular day. |
| (e) |
A senior shop steward and/or shop stewards from any one Employer's firm shall not be required to attend a training course and/or 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. |
South African Council for Educators Act, 2000
