TRADE UNION NEGOTIATIONS

When trade unions lay claim to organisational rights within the workplace, employers are often uncertain about their own rights and those of the trade union, as well as how these rights are regulated by legislation.  Each employee has the right to join a trade union, just as each employer has the right to join an employers’ organisation – both bodies are regulated by the Labour Relations Act (LRA). 

5 ORGANISATIONAL RIGHTS

The LRA grants the following organisational rights to trade unions, subject to certain requirements:

• Access to the workplace
• Deductions of trade union subscriptions or levies;
• Shop stewards in the workplace
• Leave for trade union activities
• Disclosure of information

LAYING CLAIM TO ORGANISATIONAL RIGHTS

If a trade union wishes to lay claim to organisational rights in the workplace, the following must be in place:

• The trade union must be registered with the Department of Employment and Labour.
• The constitution of the trade union’s scope of application must correspond with the employer’s business industry.
• The trade union must also have sufficient (±20%) or majority (50%+1) representation in the workplace, that will determine which of the five organisational rights can be claimed.

To claim these rights, legislation requires that a trade union follow a procedure, which entails that the trade union must notify the employer in writing of the rights the trade union wants to exercise in the workplace.  The employer must then consult within 30 days thereafter with the trade union.

It is important for employers to be proactive to strengthen the employer-employee relationship.  Clear rules and guidelines in the workplace limit misunderstandings and conflicts, which promotes productivity as well as a positive working environment.