| 19.1 |
Definitions/Provisions |
For the purposes of this Clause:
| (a) |
"Shop Steward" means a shop steward elected in terms of a Union Constitution; |
| (b) |
"Union membership" shall be solely determined by the provisions of valid stop order forms, as provided for in terms of Clause 17 of this Agreement. |
| 19.2 |
In any workplace in which at least 10 members of a representative trade union are employed, those members are entitled to elect from among themselves— |
| (a) |
if there are 10 members of a trade union in a workplace, one trade union representative; |
| (b) |
if there are more than 10 members of the trade union employed in the workplace, two trade union representatives; |
| (c) |
if there are more than 50 members of the trade union employed in the workplace, two trade union representatives for the first 50 members, plus a further one trade union representatives for every additional 50 members up to a maximum of seven trade union representatives; |
| (d) |
if there are more than 300 members of the trade union employed in the workplace, seven trade union representatives for the first 300 members, plus one additional trade union representatives for every 100 additional members up to a maximum often trade union representatives; |
| (e) |
if there are more than 600 members of the trade union employed in the workplace, seven trade union representatives for the first 600 members, plus one additional trade union representatives for every 200 additional members up to a maximum of twelve trade union representatives; and |
| (f) |
if there are more than 1000 members of the trade union employed in the workplace, twelve trade union representatives for the first 1000 members, plus one additional trade union representatives for every 500 additional members up to a maximum of twenty trade union representatives. |
| 19.3 |
Provision of Shop Steward Facilities |
| (a) |
For purposes of contacting the union concerned, a shop steward shall have reasonable access to a telephone on the employer's premises, and/or to a telephone of such employer located on a contract site; |
| (b) |
An employer shall attempt to facilitate reasonable access to his clients' premises for company shop stewards and elected safety representatives; provided that: |
| (i) |
that the said shop steward or safety representative requests a senior representative of the employer concerned, in advance, to arrange a suitable date and time for such access; and |
| (ii) |
that the granting of such access rights does not infringe upon the operations or requirements of the client and non-members of the trade union. |
| (a) |
To allow shop stewards to attend to union affairs, the employer shall grant paid leave for such purpose to those concerned, on the following basis: |
| (i) |
4 (four) days paid leave per year in the case of an office bearer of a representative trade union; |
| (ii) |
6 (six) days paid leave per year in the case of any other shop steward. |
| (b) |
If requested to do so, the employer shall enter into negotiations with the in-house shop stewards regarding the granting of additional unpaid leave to allow for attending to union affairs; |
| (c) |
Whenever a shop steward requires paid leave to attend to union affairs as provided for in sub -clause 19.4 (a) above, the union shall give the employer not less than 14 days written notice to that effect; provided that notification of less than 14 days shall be accepted by the employer in the case of emergencies. |
| 19.5 |
When a company has 600 members of a union who is party to the Council in any of the three designated regions as set out below, the union will be entitled to a full time shop steward of that union in the region where it has more than 600 members. |
| (a) |
The designated regions shall be: |
| (i) |
Region 1 - the coastal area north of the Tugela River and 100 kilometres inland; |
| (ii) |
Region 2 - the coastal area south of the Tugela River and 100 kilometres inland; |
| (iii) |
Region - 3 any areas not in regions 1 and 2. |
| (c) |
Should there be more than one union which has more than 600 members in a region in that company then the union with the most members will secure the shop steward. |
| (d) |
The union will nominate five union members who are employed by the company and the company management will in its opinion select the most suitable one of those to take up the post. |
| (e) |
The company will have the discretion to set the work place, working hours which will be not less than thirty hours per week and any other duties as determined by management when not fully occupied with union business. |
| (f) |
The terms and conditions of employment for the shop steward will be as per the Council's Main Agreement. |
Housing Development Agency Act, 2008
