A notification from a Trade Union, where they seek to exercise organisational rights, is usually met by frazzled, nervous and highly excitable employers, not unlike a bachelor preparing for his first date.
The further possibility of referrals to the CCMA, leading to unnecessary costs and frustration, adds more fuel to the proverbial fire.
We will, as your proverbial wingman, endeavour to guide you in preparing for your first date with a trade union through a couple of simple steps to follow.
Step One
Familiarise yourself with the General Principles of Collective Bargaining.
Step Two
Understand the Advantages and Disadvantages of collective bargaining.
Step Three (The Wingman)
Obtain the services of a professional to assist you, a so-called wingman if you will.
Step Four (The Invitation)
The Labour Relations Act requires that employers meet with any registered Trade Union within 30 days when:
- They received a written notice from the Trade Union of their intention to exercise organisational rights. This notice must:
- Identify the workplace in respect of which they intend to exercise their organisational rights
- Disclose the representativeness of the Trade Union in the workplace and the facts that are relied on to demonstrate such representativeness
- Disclose the rights that the Trade Union seeks to exercise
- Be accompanied by a certified copy of the Trade Union’s registration certificate
Step Five
Once it is established that the notification complies with the above requirements, a meeting must be arranged.
Step Six
Establish whether the scope of the Trade Union, as set out in its constitution, authorise its engagement within the specific sector. Unions may not organise in sectors that fall outside their constitutional scope (see National Union of Metalworkers of SA v Lufil Packaging and others.)
Step Seven
Conduct a well-documented verification process in respect of the union representaivity as the union’s representativity will determine the rights of the Trade Union.
Step Eight
Establish the rights of the union as far as its representativity allows and ensure that the provisions of any Collective Agreement do not exceed these rights.
Following these 8 simple steps, any employer will be at an advantage and stay within the law when they meet for the first time with a Trade Union.
