Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Fast Food, Restaurant, Catering and Allied TradesExtension to non-parties of the Main Collective Agreement25. Rights and Obligation of the Trade Union |
| (1) | Access |
| (a) | A trade union may, at a mutually convenient time and place, meet with the employer to discuss matters pertaining to this Agreement or any related matters. |
| (b) | Each party will inform the other in writing, of the names and status of their respective representatives. |
| (c) | No more than two trade union officials may have access to a workplace for the purpose of meeting with the trade union representatives or their members at a time agreed with the employer but not more than once in any calendar month. |
| (d) | The employer will specify the area in the workplace where the meeting can he held. |
| (e) | The activities of the trade unions in the workplace will not interfere with the employer's operations and productivity with the employer having the right to vary or withdraw the access by written notice to the trade union should the interference persist. |
| (2) | Trade union subscriptions |
| (a) | The employer must deduct the trade union subscriptions from the wages of the employee and remit the full amount to the Union provided that— |
| (i) | the employee is employed in the sector; |
| (ii) | the trade union has satisfied the employer that the employee is a bona fide member of the trade union; |
| (iii) | the trade union has lodged with the employer a stop order form. |
| (b) | The employer may retain as a collection fee of no more than 5% of the trade union subscription deducted. |
| (c) | The employer will not be responsible for the collection of any subscriptions that may be in arrears. |
| (d) | The employer will submit a monthly statement to the trade union stating the names of the members in respect of whom deductions have been made, the amount and cancellations, if any. |
| (e) | An employee may, on one month's written notice to the trade union and to the employer, cancel the stop order facility in favour of the trade union. |
| (3) | Trade union representatives |
| (a) | A trade union representative may assist and represent trade union members in any grievance or disciplinary hearings. |
| (b) | A trade union representative will consult with the employer for the purposes of promoting co-operation and understanding and preventing grievances and disputes. |
| (c) | The trade union representatives will consult with the trade union members only during breaks and not delay work operations. |
| (d) | A trade union representative must observe the terms and conditions of employment and be subject to the same performance and disciplinary standards as other employees. |
| (e) | The employer may, by prior arrangement, allow a trade union representative the reasonable use of photocopying, facsimile and e-mail facilities for trade union activities, but under the supervision of the employer. |
| (4) | Election of trade union representatives |
| (a) | Trade union representatives and their alternates will be elected by the trade union members in good standing on an ordinary work day. |
| (b) | The election date and procedural details for the election will be agreed with the employer not less than seven days before the election. |
| (c) | The election will not disrupt the normal working operations. |
| (d) | The election will be by secret ballot. |
| (e) | A trade union representative will occupy office as per Union's Constitution. |
| (f) | The number of trade union representatives in respect of each place where the employer conducts his business will 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 |
| (g) | Only trade union members with fully paid-up membership or not being investigated, charged or found guilty of any misdemeanour and with one year of continuous service with the employer, may nominate or accept nomination for the position of a trade union representative. |
| (h) | A trade union representative or an alternate must resign from office if— |
| (i) | he ceases to be employed by the employer; |
| (ii) | he ceases to be a member of the trade union; |
| (iii) | at the written request of the majority of employees in the workplace. |
| (5) | Leave for trade union activities |
| (a) | A trade union representative is entitled to four days paid and four days unpaid leave to attend training or any other formal activity related to his position as a trade union representative. |
| (b) | This leave may not be taken over any period that includes a Friday, Saturday, Sunday or a public holiday. |
| (c) | A request for such leave must be made on not less than seven days' written notice together with a letter from the trade union stating the nature and purpose of such leave. |
| (6) | Peace obligation |
| (a) | the parties agree not to embark or participate in any form of industrial action as a result of any dispute on any wage or their conditions of employment provided that the employer has implemented the terms of the agreement. |
| (7) | Internal dispute resolution procedures |
| (a) | A party declaring the dispute must furnish written particulars of the dispute to the other party giving details of the nature of the dispute and the proposed terms of settlement. |
| (b) | The other party must within five working days of receipt of the notice, inform the aggrieved party in writing of its response together with its proposal for settlement. |
| (c) | A meeting of the parties will be convened within five working days of receipt by the aggrieved party of the other party's response. |
| (d) | If agreement is not reached at the meeting, the parties may consider alternative processes such as conciliation or arbitration. |
| (e) | If the dispute still remains unresolved the parties may refer it to the Council or the Commission for Conciliation, Mediation and Arbitration. |
| (8) | Industrial action |
| (a) | Industrial action means lock outs and strikes as defined in the Act and includes go-slows, pickets, overtime bans, work-to-rule and product boycotts. |
| (b) | No party may embark on, or participate in industrial action until the procedures prescribed by this Agreement or the Labour Relations Act have been complied with. (see Code of Good Practice: Collective Bargaining Industrial Action and Picketing). |
| (9) | Industrial action rules |
| (a) | Employees on industrial action will not interfere with the employer's customers or suppliers, other employees not participating in the industrial action, members of the public or disrupt the employer's operations. |
| (b) | The employees on industrial action will not be within twenty metres of any entrance to or access from the employer's premises. |
| (10) | Picketing |
| (a) | A trade union may authorise a picket by its members for the purpose of peacefully demonstrating in support of a protected strike or in opposition to a lock-out. |
| (b) | The picket may be held in any place to which the public has access but outside the premises of the employer or with the permission of the employer, inside the employer's premises. |
| (c) | The Commission for Conciliation, Mediation and Arbitration may at the request of the trade union or the employer establish picketing rules. |
| (11) | Replacement labour |
| (a) | The employer may utilise replacement labour except where the employer has implemented a lock-out. |
| (12) | Severance pay |
| (a) | Where an employee is dismissed for reasons based on the employer's operational requirements, the employee will be entitled to one week's severance pay for each completed year of continuous service with that employer; |
| (b) | An employee who unreasonably refuses to accept the employer's offer of alternative employment with that employer or any other employer, is not entitled to severance pay; |
| (c) | For the purpose of determining the length of an employee's employment with an employer, previous employment with the same employer must be taken into account if the break between the periods of employment is less than one year. |
| (d) | If there is a dispute only about the entitlement to severance pay in terms of this clause, the employee may refer the dispute in writing to the Council for con-arb proceedings. |