organisational rights. Union Security Agreements There are two kinds of agreements that give the union more security and boost its bargaining power: the agency shop agreement and the closed shop agreement: The agency shop agreement The closed shop agreement Definition This is a system whereby employees, who benefit from the union’s activities in the workplace or sector, are required to pay an amount into a special fund. In a closed shop agreement, the employer and union agree to compulsory union membership. Workers who do not want to join a union can face dismissal, and expulsion from the union will also result in dismissal. Conditions The system can only be set up if the majority of employees are members of the union. The union must be a majority union and it and the relevant employer must both
The amount paid by employees cannot be more than a normal member’s subscription. The union can only use the fund to advance the interests of employees. For example, money cannot be paid to political parties, but it can be used in a campaign against a agree to a closed shop system. A ballot must be held among relevent employees, and two thirds of the employees must support the closed shop agreement. The use of funds is also restricted to advancing the interests of members.
VAT increase. What Happens if Employees Don’t Want Agreements? Employees who refuse to belong to a union on the grounds of conscience are called conscientious objectors, and they can ask for their contributions to be paid into a fund run by the DoL. In the case of closed shop agreements, conscientious objectors who are dismissed may challenge their dismissal in the Labour Court. (If the Court finds in favour of the objector, the union, and not the employer, will have to pay compensation.) If, at least three years after a closed shop agreement was made, at least one third of the employees sign a petition to end the agreement, then a ballot must be held to determine whether the agreement should continue. Collective Bargaining The Act promotes what is called centralised collective bargaining. This is when employers in a sector (or area of work) join forces to bargain with one or more unions representing their employees. For example, a group of mining companies might get together to negotiate with mineworkers’ unions. There are three systems for collective bargaining: collective agreements, bargaining councils and statutory councils: Collective Agreements Bargaining Councils Statutory Councils What it is This is a simple agreement between employers (e.g. Chamber of Mines) and a union or unions (e.g. the National Union of Mineworkers). The agreement only affects Bargaining council agreements cover a wide range of issues (e.g. wages, benefits and grievance procedures) and extend to all employers and employees within the council’s scope of representivity, as long as This is a weaker version of a bargaining council, as it cannot be extended to parties outside of the council without the Minister of Labour’s approval
these two parties. certain requirements are met. Conditions Both parties must agree to a collective agreement. To establish a bargaining council must be enough representation in both the unions and the employers’ organisations. Representation must be acceptable to (the National Economic Development and Labour Council) To establish a statutory council, there must be 30% representation on both sides. This means that at least 30% of the employers in the sector must employ at least 30% of the workers. Rights Bargaining council agents monitor and enforce any collective agreements and have the to issue compliance orders, to publish the contents of collective agreements and to conduct investigations into complaints. Unions that are members of a statutory council will organisational rights of access, meetings, ballots and stop-order facilitites, even in a workplace that has no union members. The Public Service Co-ordinating Bargaining Council
The Labour Relations Act regulates all industrial action, including strikes, lockouts and picketing. It provides for employees' constitutional to strike and gives effect to employers' right to seek recourse via lockouts. When Can a Worker Strike and an Employer Lock Out? Strikes and lockouts may be held over disputes about matters of mutual interest between employers and their employees. These include: wage increases, a demand to establish or join a bargaining council, a demand to recognise a union as a collective bargaining agent, a demand for organisational rights, a demand to suspend or negotiate unilateral changes in the workplace, any unprotected lockout or strike by the other party, and/or What Is a Lockout? A lockout is when an employer decides to withhold work from employees or closes down the workplace during a dispute. Workers have a constitutional right to strike, but they must follow proper procedure. in some circumstances workers may strike over retrenchments. Strikes
progressive discipline. Efforts should be made to correct employees’ behaviour through a system of graduated disciplinary measures such as counsellings and warnings. Each employer should keep disciplinary records for each employee. These should specify the nature of any breach of rules, the actions taken by the employer and the reasons for the actions. personal safety or health); because the employee refused to accept a demand or on any matter of mutual interest between the employer and employee (e.g. a wage increase); because the worker takes (or intended to take) action against the employer by exercising any right or participating in any
Before deciding what form of disciplinary action is appropriate, the management must first meet the employee concerned and explain the nature of the rule that has allegedly been broken. The employee must be given an opportunity to explain his or her conduct. Note that this meeting does not constitute a formal hearing. proceedings in terms of the Act; because of transfer of business; because of pregnancy, intended pregnancy, or any reason related to her pregnancy; because of race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture,