2/12/2024 0 Comments Zacc 2018The arbitrator found that the collective bargaining agreement entered into by SACOSWU and DCS was valid. The dispute was then referred for arbitration. ![]() On this basis, POPCRU referred the matter to the General Public Service Sector Bargaining Council(GPSSBC) for conciliation, but the dispute was not resolved. ![]() POPCRU took issue with the collective bargaining agreement entered into between DCS and SACOSWU, arguing that it was unlawful since DCS was bound by the threshold agreement not to grant organisational rights to minority trade unions. This collective agreement gave SACOSWU rights to organise union activities outside working hours represent its members at disciplinary hearings and to assist members in grievance procedures and to deduct subscriptions from its members. SACOSWU, a minority trade union with about 1 500 members entered into the collective bargaining agreement in question with DCS as per section 20 of the LRA around 5 November 2010. A second collective bargaining agreement regulates relations between all employees and DCS, and provides that only unions admitted to the Bargaining Council or any sector of the Bargaining Council will have the following rights: (1) union access to the workplace (2) access to stop-order facilities for union subscriptions (3) leave for union activities (4) use of facilities and (5) the right to elect shop stewards. The threshold agreement also regulates the representation of employees at disciplinary and grievance proceedings. On 8 November 2001, POPCRU entered into a collective bargaining agreement with DCS in terms of which the threshold for admission to the DCS’s Bargaining Council for a single registered union, or for two or more registered unions acting jointly, was agreed to be 9 000 members, which amounts to approximately 22,5% of employees (threshold agreement). ![]() These rights were the subject of a section 18(1) collective bargaining agreement that set a membership threshold for the acquisition of these rights SACOSWU’s membership fell short of this threshold. The Labour Appeal Court found that the DCS was entitled to enter into an agreement granting organisational rights in terms of sections 12, 13 and 15 of the Labour Relations Act (LRA) to South African Correctional Services Workers’ Union (SACOSWU), a minority trade union (the first respondent). On 23 August 2018 at 10h00 the Constitutional Court handed down judgment in an application instituted by Police and Prisons Civil Rights Union (POPCRU), a majority wherein it trade union of employees in the Department of Correctional Services (DCS), sought leave to appeal against the whole of a judgment of the Labour Appeal Court. The following explanato ry note is provided to assist the media in reporting this case and is not binding on the Constitutional Court or any member of the Court.
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