Recognition Agreement South Africa

The Union of Banking Insurance, Finance and Insurance Workers (BIFAWU) has applied for a review of an arbitration award following a dispute over the interpretation of a collective agreement between them and the South African Football Association (SAFA). Words, words and other words: The correct interpretation of collective agreements The purpose of a recognition contract is to give the employer the opportunity to strictly control the activities of the union and business leaders. Without such an agreement, the stewards of the shop can go wild. That is, they can get into trouble and waste valuable production time dealing with union issues instead of earning the money they are paid. Following numerous attempts at conciliation, the matter was referred to arbitration proceedings in which the Commissioner found that clause 4 (b) was not applicable on the basis of the text of the SAFA communication and the collective agreement. With respect to the interpretation of the recognition agreement, the Court held that the Commissioner`s interpretation on the merits, because it gave effect under the terms of the agreement, that is, its ordinary and popular meaning, without ambiguity. That is how the Commissioner was right to apply his opinion to the questions put to him. Article 4 of the Recognition Agreement stipulates that the employer has agreed to consult the work forum in the event of a major change of employment within the meaning of Section 84 of the Labour Relations Act (LRA). Conversely, Article 19 provides that the parties have agreed that a savings contract would come into effect in the event of a reduction and, in the absence of such an agreement, s189 applies to the LRA.

On July 20, 2012, SAFA issued a notice to all staff informing them of its intention to initiate a restructuring process in the workplace. As no savings contracts were entered into, the restructuring process was carried out within the meaning of the LRA`s s189. The Recognition Agreement imposes strict controls on the activity of the entrepreneur When a union can prove that its members represent the majority of all workers in the workplace, the union has a final right to recognition. In other words, it is entitled to organizing rights under the LRA. If a union addresses an employer for organizational reasons, the parties must meet to enter into a collective agreement. If such a meeting does not result in an agreement, the union is required to refer the dispute to the CCMA. A union will successfully obtain recognition in the workplace if it can prove to the employer or the CCMA that it is sufficiently represented among the workers. The question is what is sufficient representation.

Notify the business manager of the consequences of a breach of the terms of the recognition contract and the employer`s code of conduct. Indeed, if the answer is “yes,” there is no point in refusing recognition. Refusal of recognition of the shop steward until a contract of recognition of trade unions is signed The Labour Tribunal reaffirmed the principle that arbitrators must endeavour, in the interpretation of collective agreements, to implement the intent of the agreement and to give the words used by the parties their usual and popular meaning in the absence of ambiguity.