Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Textile Bargaining CouncilCollective AgreementPart 2AnnexuresAnnexure D: Blanket SectionG. Organisational Rights38. Shop Stewards' Rights and Facilities |
| 38.1 | As per the provisions of sub-clause 38.1 of Part 1 of this Agreement. |
| 38.2 | As per the provisions of sub-clause 38.2 of Part 1 of this Agreement. |
| 38.3 | As per the provisions of sub-clause 38.3 of Part 1 of this Agreement. |
| 38.4 | Shop stewards at each establishment shall be entitled to (50) days paid time-off, pooled between them, for Union activities and training. Such leave shall not be accumulative or transferable. |
| 38.5 | Shop stewards time -off for Bargaining Council and Primary SETA related meetings shall be paid for by the employer. This shall be limited to one shop steward per establishment. |
| 38.6 | Shop stewards at each workplace shall be granted two hours paid time-off for factory shop steward committee meetings each month. |
| 38.7 | All shop stewards of trade unions party to the Bargaining Council shall be granted access to a telephone, a fax machine and meeting facilities for shop steward meetings at the workplace. The parties shall meet at plant level to give appropriate effect to this. |
| 38.8 | Each shop stewards' committee shall at each establishment and by the 20th of each month, be provided on request with schedules reflecting the labour profile of all employees in the bargaining unit (broken down by permanent, learnerships and temporary workers), and the detail of all union and non-union members in the bargaining unit. |
| 38.9 | Ballot facilities shall be provided by the employer at each establishment for the Union to conduct any secret ballot in terms of the Union Constitution and the Labour Relations Act No. 66 of 1995 (as amended). |
| 38.10 | The Employers will be given 7 days prior notice in writing by the Union for release of any shop steward or office bearer on paid leave for any planned union activity. |
| 38.11 | Any activity outside the planned control of the Union which requires an office bearer to attend on short notice such as strike action, the Union will advise the Employers in writing at least 12 hours in advance and motivate such action. |
| 38.12 | Organisational Rights Threshold for Non-Trade Union parties on the Council: |
| 38.12.1 | The Employers' Organisation and Trade Union have reached an agreement on organisational rights for non -parties to the Blanket Section of the Bargaining Council. |
| 38.12.2 | The provisions of the agreement regulate the organisational rights of non-union parties to the Bargaining Council at any employer' establishment who are paid -up members of the Employers' Organisation within the Blanket Section. |
| 38.12.3 | This provisions of the agreement also regulate the threshold of representativeness in the Blanket Section required in respect of one or more of the organizational rights referred to in section 12, 13 and 15 of the Labour Relations Act, 66 of 1995 [as amended]. |
| 38.12.4 | Any registered Union, who is not a party to the Bargaining Council, but who is legally entitled in terms of its constitution to organize in the Blanket manufacturing industry, must meet the following minimum requirements to enjoy organizational rights as contemplated in Part A - Organisational Rights of the Labour Relations Act, 66 of 1995 [as amended], at any employer establishment who are paid -up members of the Employers' Organisation. |
| 38.12.4.1 | The non-party Trade Union must demonstrate a representativeness threshold level of 33% of the total number of employees employed in the Blanket Section of the Bargaining Council. |
| 38.12.4.2 | The non-party Trade Union must request the Bargaining Council to verify the number of members of the Union against the representativeness level outlined in clause 38.12.4.1. |
| 38.12.4.3 | The non-party Trade Union must accept the outcome of the verification as final and binding. |
| 38.12.5 | This Organisational Threshold requirement will have the effect that a Union, who is not party to the Bargaining Council may not have any organizational rights due to the representivity threshold level outlined in sub -clause 38.12.4 above, despite the fact that the Union may have more than 33% of the total number of employees employed at any employer establishment who are paid-up members of the Employers' Organisation. |
| 38.12.6 | This Organizational Threshold requirement will apply equally to any registered trade union seeking any of the organizational rights at any employer establishment who are paid-up members of the Employers' Organisation. |
| 38.12.7 | This Organisational Threshold requirement will replace any agreement between the Trade Union and members of the Employers Organisation at plant level which may regulate organizational rights at these establishments for Trade Unions that are not party to the Bargaining Council. |
| 38.12.8 | Any dispute regarding the interpretation or application of this Organisational Threshold requirement to be referred to the Bargaining Council in terms of the Council's dispute resolution policy and procedure. |