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LRA. Lecture 13 . Process of bargaining. No legal duty to bargain, but affords certain rights to employees collectively , i.e. Organisational rights. Refusal to bargain can lead to power play i e strikes if it is a matter of mutual interest.

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LRA

Lecture 13

process of bargaining
Process of bargaining
  • No legal duty to bargain, but affords certain rights to employees collectively , i.e. Organisational rights.
  • Refusal to bargain can lead to power play i e strikes if it is a matter of mutual interest.
  • Majority membership v sufficiently representative unions enjoy different rights . This you need to study. See par 12.3
organisational rights
ORGANISATIONAL RIGHTS
  • STUDY THE ILLUSTRATION ON P 233 ( PAR12.3)
  • Sufficiently representative unions:
  • Access to the workplace
  • Deductions of union subscriptions form member’s wages
  • Leave during working hours for office bearers
majority unions
MAJORITY UNIONS
  • Access to the workplace
  • Deductions of union subscriptions form member’s wages
  • Leave during working hours for office bearers
  • Disclosure of information
  • Appointment of union representatives on a sliding scale
  • Paid leave for representatives
  • REGISTERED UNIONS THAT ARE PARTIES TO A COUNCIL AT AUTOMATICALLY HSVE CERTAIN RIGHTS-,REGARDLESS OF THEIR REPRESENTATIVENESS.
collective agreements
Collective agreements
  • Must be in writing
  • Between a registered trade union and an employer’s organisation or employer AND
  • Deal with terms and conditions of employment or any other matter of mutual interest.
  • This may vary a contract of employment
  • Must contain dispute resolution procedure
legal effects of collective agreements
Legal effects of collective agreements
  • Binds parties to the agreement
  • Each party to the agreement and the members of every other party thereto in so far as the provisions are applicable to them
  • Terms and conditions of employment terms regulating conduct of parties: members of a registered trade union and employers who are members of a registered employer’s organisation.
  • Employees who are not members to the union who is party to the agreement if they had been identified in the agreement and the union who entered into the agreement, enjoys the support of the majority of the employees in the workplace.
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It even binds employees who cease to be members of the union after they had been members when the collective agreement was concluded.

  • The same applies to employers and employer’s organisations
  • Any party can give reasonable notice of termination if no time/duration was specified in the written collective agreement.
agency shop agreements and closed shop agreements
Agency shop agreements and closed shop agreements
  • Applies to a registered majority union (or two or more acting jointly) and an employer/employer’s organisation.
  • Must pay over union subscription fees to the union after deductions form the pay of union members
  • Those employees who are not members of the union to the agency shop agreement must be identified and must be eligible to become members of the union , they may however not be compelled to become members of the said union
  • Not to be used for a political party
closed shop agreement
Closed shop agreement
  • A registered majority union with an employer/organisation
  • Ballot must beheld amongst employees and 2/3 of them support such an arrangement
  • All employees must become members of such a union POST employment commenced
  • New employees could be shown the door if they do not become members of the union party to the closed shop agreement
  • It is not unfair for an employer to dismiss an employee who refuses to join the union which is party to the closed shop agreement or who is refused union membership or who is fairly expelled form that union.
  • If you were already employed when a closed hop agreement comes into operation, you may refuse to become a member , but fees will be deducted in any event.
  • Conscientious objectors – not be dismissed but fees will be deducted