Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council of SA Leather IndustryGeneral Goods and Handbag SectionCollective Agreement3. Definitions |
All expressions used in this Agreement which are defined in the Labour Relations Act 1995 shall have the same meaning as in that Act and, unless the contrary intention appears, words importing the masculine gender shall include the female; further, unless inconsistent with the context—
means the Labour Relations Act 1995.
means an employee engaged in applying adhesive to components by means of a spray gun.
means an employee engaged in assembling, beading/turning component parts of an article to specification or pattern.
means an employee engaged in attaching by means of adhesive the outer covers to the attaché case.
in relation to cricket and hockey balls, means an employee who blocks the flat outer leather covers to correct shape and shine.
in relation to cricket and hockey balls, means an employee who bonds the leather outer covers to the inner core.
means braces, suspenders, armlets and garters.
means an employee who is responsible for the work executed by employees under his charge, and who takes an active part in the manufacturing process.
means an employee engaged in cutting webbing, checking components, fittings, trimmings and attachments correct to work ticket specification prior to assembling.
in relation to cricket and hockey balls, means an employee who weighs and mixes various chemicals together and pours the mixture into a mould to form a solid core;
means the National Bargaining Council of the Leather Industry of South Africa registered in terms of Section 29 of the Act.
means an employee engaged in marking an indentation parallel to the edge of an article or component for the purpose of decoration or finishing off, using a creasing wheel or similar tool.
means an employee engaged in the trimming of thread ends, and/or excess material.
means an employee engaged in cutting by hand or machine of split and reconstituted leather, small parts (including full grain leather) and synthetic material.
means an employee engaged in the cutting by hand or machine, component parts from top or full grain leathers, other than small parts.
means an employee who is responsible for receiving goods into or from a store or warehouse or from departments for despatch or delivery, and who is responsible for the packing and/or assembling of such goods, the checking of packages and the mass-measuring, marking or addressing and administration thereof.
in relation to cricket and hockey balls, means an employee who immerses leather cups into pigmented finishes.
means a Committee established in accordance with the Constitution of the Council for the administration of agreements in a particular area.
means an employee who is engaged in driving a motor vehicle, and for the purpose of this definition, driving a motor vehicle includes all periods of driving and any time spent by the driver on work connected with the vehicle or the load, and all periods during which he is obliged to remain on duty in readiness to drive; further, for the purposes of this Agreement, a driver shall be classified as follows:
| (a) | Grade B1 driver means a driver of a vehicle which requires the driver to be in possession of a code 9 licence or lower; |
| (b) | Grade B2 driver means a driver of a vehicle which requires the driver to be in possession of a code 10 licence or higher. |
means an employee engaged in imprinting of letters or designs on components by means of embossing dies by hand or machine.
means an employee engaged in cutting of any component parts from exotic leather by hand or machine.
means the total period or periods which the employee has had in the General Goods or Handbag Industry on any operation.
means an employee engaged in the attaching of locks, stays, tabs, hinges and handles by hand, by means of rivets or screws.
means an employee appointed by the employer to exercise control over the employees in an establishment or a department of an establishment, and who is responsible for the efficient performance of their duties.
means an employee engaged in moulding pre-cut p.v.c. strips to the required frame support shape.
of the Leather Industry means that part of the industry in which employers and employees are associated for the manufacture and/or partial manufacture, and/or finishing of partially manufacture, and/or of components, and/or assembling of components of:—
| (a) | travel goods and requisites, including suitcases, trunks, travelling, folding, sling, shopping, knitting and school bags, satchels, rucksacks, attache, brief and vanity cases, and other similar containers. |
| (b) | harnesses, saddlery, bridles, saddle bags, girths, leggings, stirrup straps and other similar equipment, wallets, purses, tobacco pouches, cases and boxes for jewellery, musical instruments, binoculars, arms, footwear, bottles, cigarettes, cigars and pipes, dog collars and leads, watch straps, rug straps, belts, braces, suspenders, garters, armlets (excluding belts, braces, suspenders, garters, armlets manufactured from cloth), and other similar articles designed as substitutes; |
| (c) | handbags and other bags, and containers designed to hold ladies and gentlemens’ personal effects; |
| (d) | footballs, punchballs, netball balls and boxing gloves; |
| (e) | hockey and cricket balls; provided that the activities listed under sub-paragraphs (a) and (b) shall not include— |
| (aa) | the manufacture of metal components and/or attachments. |
| (bb) | the manufacture of canvas bank bags, canvas kitbags, canvas rucksacks, canvas haversacks, canvas sampling bags and canvas explosive bags; |
| (cc) | the manufacture of any article from rubber; |
| (dd) | the manufacture of any article or the practice of any trade or occupation covered by the Printing Industry which, without in any way limiting the generally accepted meaning of the term, means the industry or undertaking in which employers and employees are associated for the production of printed matter of any nature whatsoever; |
| (ee) | the manufacture of any article from metal or any kind of container (with or without metal parts) from fibre and/or cardboard (corrugated or otherwise) and/or paper or any compound of paper and/or any like material a constituent part of which is fibre and/or cardboard and/or paper and/or any constituent of paper and/or plastic, but excluding the manufacture wholly or mainly from fibre or plastic sheeting material of trunks, attache cases, bags and all similar containers designed to hold personal effects, musical instruments and sporting kit. |
The word "plastic" in the paragraph directly above means any of the group of materials which consists of or contain as an essential ingredient an organic substance of a large molecular mass, and which, while solid in the finished state, at some stage in its manufacture has been or can be forced, i.e. cast, calendered, extruded or moulded into various shapes by flow, usually though the application singly or together of heat and pressure.
means an employee employed on any unskilled manual operation such as:
| (1) | cleaning premises, furniture or other articles; |
| (2) | carrying, moving, packing and/or stacking; |
| (3) | loading or unloading vehicles; |
| (4) | making of any beverages; |
| (5) | assisting on delivery vans; |
| (6) | collection and delivery of mail, messages and/or goods. |
"Grade A3 employee" in relation to balls, including cricket and hockey balls,
means one or more of the following operations on which an employee is engaged, in or as; despatch clerk and/or hand closer and/or skiving and/or storeman.
means one or more of the following operations on which an employee is engaged, in or as light delivery vehicle driver and/or puritan machinist.
means one or more of the following operations on which an employee is engaged, in or as; cutter class 2 and/or heavy duty vehicle driver and/or saddle maker class 2.
in relation to travelling requisites, saddlery, harnesses, braces, personal goods and handbags,
means one or more of the following operations on which an employee is engaged, in or as exotic leather cutter
means one or more of the following operations on which an employee is engaged, in or as foreman
means an employee engaged in applying adhesive solely to various component parts.
means an employee engaged in the preparation, assembling and completion of the inner and outer component parts of a handbag prior to stitching.
in relation to cricket and hockey balls, means an employee who hand stitches two quarters of a ball together for the manufacture of a four-piece ball;
means an employee engaged in operating a hand guillotine, and for the purpose of this definition, hand guillotine means a machine with a cutting blade capable of being drawn down by hand action for shearing or cutting leather, paper, fibre boards, or any similar material.
means an employee engaged in intertwining pre-cut strips to a pattern.
means an employee engaged in applying paint, varnish, lacquer, stains, dyes or similar materials to leather or synthetic components by means of a spray gun.
means an employee engaged in stitching component parts together by hand to form a seam using needles and/or a bradawl.
means harness, bridles, leggings, saddle bags, stirrup straps, girths, linesmen’s’ safety belts and military equipment other than clothing;
heavy duty vehicle driver Grade B2" (see definition of driver.)
means an employee engaged in welding or fusing of PVC or plastic materials by means of a high frequency welding machine fitted with electrodes for this purpose.
means the basic weekly wage divided by the number of ordinary hours in the week.
"industry" or "leather industry"
means the industry in which employers and employees are associated for one or more of the following purposes:
| (1) | The manufacture and/or partial manufacture, and/or finishing of partially manufacture and/or components and/or assembling of components of: |
| (a) | footwear, excluding bespoke made footwear; |
| (b) | travel goods and requisites, including suitcases, trunks, travelling, folding, sling, shopping, knitting and school bags, satchels, rucksacks, attache, brief and vanity cases, and other similar containers; |
| (c) | harnesses, saddlery, bridles, saddle bags, girths, leggings, stirrup straps and other similar equipment, wallets, purses, tobacco pouches, cases and boxes for jewellery, musical instruments, binoculars, arms, footwear, bottles, cigarettes, cigars and pipes, dog collars and leads, watch straps, rug straps, belts, braces, suspenders, garters, armlets (excluding belts, braces, suspenders, garters, armlets manufactured from cloth) and other similar articles designed as substitutes; |
| (d) | handbags and other bags, and containers designed to hold ladies’ and gentlemens' personal effects; |
| (e) | footballs, punchballs, netball balls and boxing gloves; |
| (f) | hockey and cricket balls. |
(2)
| (a) | For the tanning, dressing and fellmongering of hides and skins; |
(b)
| (i) | preparation of cured or uncured hides and/or skins for tanning: for this purpose "preparation of hides and/or skins for tanning" without detracting from its ordinary or technical meaning, includes the following: washing, soaking, fleshing, deburring, liming, unhairing, dewooling, the removal of scales, deliming, bating and pickling; and |
| (ii) | tanning of the cured or uncured hides and/or skins; and or |
| (iii) | retanning and/or dyeing and/or drying and/or softening and/or buffing and/or dressing and/or finishing and/or laminating of leather and/or the combing and/or shearing and/or ironing of hides and/or skins with the wool or hair on; and |
| (c) | cutting of upholstery panels from leather: provided that, for the purposes of sub-paragraphs (i) to (iii) "Hides and Skins" includes the following: |
Pelts with or without the fur on; sheepskins with or without the wool on; game and goat skins with or without the hair on; all types of reptile skins, and bird skins with or without the feathers attached: Provided that the activities listed under sub-paragraph (1) (b) and (c) shall not include:—
| (aa) | the manufacture of metal components and/or attachments; |
| (bb) | the manufacture of canvas bank bags, canvas kitbags, canvas rucksacks, canvas haversacks, canvas sampling bags and canvas explosive bags; |
| (cc) | the manufacture of any article from rubber; |
| (dd) | the manufacture of any article or the practice of any trade or occupation covered by the Printing Industry which, without in any way limiting the generally accepted meaning of the term, means the industry or undertaking in which employers and employees are associated for the production of printed matter of any nature whatsoever; |
| (ee) | the manufacture of any article from metal or any kind of container (with or without metal parts) from fibre and/or cardboard (corrugated or otherwise) and/or paper or any compound of paper and/or any like material a constituent part of which is fibre and/or cardboard and/or paper and/or any constituent of paper and/or plastic, but excluding the manufacture wholly or mainly from fibre or plastic sheeting material of trunks, attaché cases, bags and all similar containers designed to hold personal effects, musical instruments and sporting kit. |
The word "plastic" in the paragraph directly above means any of the group of materials which consist of or contain as an essential ingredient an organic substance of a large molecular mass, and which, while solid in the finished state, at some stage in its manufacture has been or can be forced, i.e. cast, calendared, extruded or moulded into various shapes by flow, usually through the application singly or together of heat and pressure.
means an employee engaged in the attaching of labels to finished articles.
means an employee engaged in learning one or more operations in the sections.
"leather industry" —
see "industry"
"light delivery vehicle driver Grade B1" —
see A driver"
means an employee engaged in fitting pre-made linings to the interior of cases with adhesive, and other interior fittings.
means an employee engaged in marking the position on components for machinists to stitch, and/or for fittings or trimmings to be attached.
means an employee engaged in packing finished articles into boxes or other suitable wrapping for despatch.
means belts, boxing gloves, straps, pouches, wallets, purses, watch and wrist straps, dog collars and leads, rug straps, drawstring tog bags, school bags, open-top shopping bags, closed-top shopping bags of which the maximum dimensions are 457 mm in length and/or 254 mm in height and/or 254 mm in width, knitting bags, stationery cases and all other like articles, irrespective of their description but which are designed as substitutes for any of the aforementioned. For the purpose of this department and the travelling requisites department, an open-top shopping bag shall be a bag on which no provision is made for sealing by fasteners and/or studs and/or zip fasteners.
means any one of the group of materials which consists of or contains as an essential ingredient, an organic substance of a large molecular mass and, which while solid in the finished state, at some stage in its manufacture has been or can be forced, i.e. cast, calendared, extruded or moulded into various shapes by flow, usually through the application, singly or together, of heat and pressure.
means an employee engaged in shaping the point or tip of belts or straps.
means an employee engaged in operating a power guillotine machine, and for the purpose of this definition, a power guillotine means a machine with an angled drop knife fixed at both ends, and moving in an up or down direction for the purpose of cutting paper fibreboard or any other material.
means an employee engaged in heavy stitching by means of a puritan type machine.
means an employee who by experience is entitled to the wage prescribed for the operation he is employed on.
in relation to personal goods, saddlery, harnesses, braces and handbags, means an employee engaged in joining components together, and/or attaching various fittings to articles by means of rivets by hand or machine, as defined in definitions personal goods, saddlery, harnesses, braces and handbags.
in relation to travelling requisites, means an employee engaged in attaching fittings and/or attachments by means of rivets to articles defined in definition travelling requisites, by means of hand or machine.
means an employee engaged in operating a rotary cutting machine, and for the purpose of this definition, a rotary cutting machine means a machine used for cutting or slitting boards by means of a passing through process which is capable of making one or more cuts in one operation.
means an employee engaged in feeding and collecting work and/or providing sundry material requirements to operators.
means an employee engaged in the assembly and completion of felt seat, universal, soft seat exercise, McLelland, western, soft seat economy, blocked seat and any other economy type saddles.
means an employee engaged in the assembly and completion of saddles constructed on a conventional unstrained English style tree, mainly from leather, where the non-detachable panels and parts are attached to the tree by tacks or staples, such as Stock, Buck jumper, racing, polo, English style jumping, American style Lane Fox and/or any special saddles.
refers to the manufacture of all types of saddles.
means the General Secretary of the Council, and includes any other person appointed by the Council to act in his capacity.
in relation to personal goods, saddlery, harnesses and braces, means an employee engaged in all sewing operations that involve the assembly of such articles by means of sewing together, as well as all other sewing machine operations, including harness stitching and computerised controlled sewing operations, excluding puritan stitching, as defined in definitions of personal goods, saddlery, harness and braces.
in relation to travelling requisites and handbags, means an employee engaged in all sewing operations that involve the assembly of such articles by means of sewing together, as well as all other sewing machine operations, except puritan stitching.
means a temporary reduction in the number of ordinary hours of work owing to shortage of work and/or raw materials, or general breakdown of plant or machinery, or threatened breakdown of buildings, or any other unforeseen circumstances.
means an employee engaged in screen setting up, registration and imprinting a design or logo on to a component using a squeegee to penetrate the printing ink through the screen.
means an employee engaged in placing the screen printed components on drying racks, cleaning/coating of screens and other work related thereto.
means an employee engaged in all activities in the preparation and execution of screen printing jobs, including artwork preparation, screen exposure, colour matching and checking.
means an employee engaged in reducing the thickness of the edge of the cut leather component by hand or machine to a pre-determined width.
in relation to cricket and hockey balls, means an employee engaged in the production of synthetic balls.
means an employee engaged in reducing the cut leather component to a specific thickness/substance by machine.
in relation to cricket and hockey balls, means an employee engaged in flattening the seam of the ball after bonding by means of squeezing.
means an employee engaged in applying stain to raw edges.
means an employee who is in general charge of stores, and who is responsible for receiving goods into stores, and for the storing and handling thereof, the delivery thereof out of stores to departments or for transit and/or for packing within the store or warehouse, and the unpacking thereof.
means an employee engaged in cutting straps, belts or material into strips by means of a machine fitted with circular cutting blades, making one or more cuts per operation.
means the filling of the gloves with padding.
means suitcases and attaché cases, trunks of all descriptions, travelling bags, briefcases, folio cases, gladstone bags, and all other containers designed to hold wearing apparel, personal effects, sporting kit, musical instruments and all other like articles, irrespective of their description, but which are designed as substitutes for any of the aforementioned; but shall not include knitting bags, open-top shopping bags and closed-top shopping bags of which the maximum dimensions are 457 mm in length and/or 254 mm in height and/or 254 mm in width or less, and draw-string tog bags. For the purpose of this definition, a closed-top shopping bag shall be a bag which may be sealed by fasteners and/or press studs and/or zip fasteners, but shall not include ladies’ and children’s’ handbags.
in relation to cricket and hockey balls, means an employee engaged in the trimming off of excess material from the moulded or blocked cups to form a half outer cover.
in relation to cricket and hockey balls, means an employee engaged in applying wax to the finished ball, and buffing same to obtain shine.
means the basic wage payable prescribed in terms of Clause 4 (1) in respect of the ordinary hours of work prescribed in Clause 5 (1): Provided that, if an employer regularly pays an amount higher than the basic wage in respect of such ordinary hours, it shall mean the higher
amount.
means an employee engaged in preparing and cutting timber/plywood components for attaché cases.
means an employee engaged in the assembling of the cut timber/plywood components of attaché cases and sandpapering of same.