Salgbc Disciplinary Code Collective Agreement

[15] This section, if properly interpreted, simply means that a municipality is bound by collective agreements entered into by a local government agency organized within the SALGBC. This means that even if a municipality, as a legal person, is not a party to a collective agreement, a municipality is required to comply and cannot avoid compliance because it is not a party to the collective agreement. For example, the Metropolitan City of Tshwane cannot refuse to abide by a collective agreement entered into by SALGBC simply because it is not a party to the above-mentioned collective agreement. The corresponding collective agreements are concluded by an organised local government, a body established in accordance with Section 2 of the Organised Local Authorities Act[9] (OLGA). [11] After finding that the closest place to turn to is the LRA, Section 3 orders that any interpretation of the provisions of the LRA be required to interpret them in accordance with the Constitution of the Republic. When naturalizing the right to freedom of association, Article 4(1)(b) provides that a worker has the right to join a trade union subject to his Constitution. Section 213 defines a trade union as an association of workers whose primary purpose is to regulate relations between workers and employers. Within the meaning of Section 8(a)(i), a trade union has the right to define its own constitution and rules. § 23 gives legal value and force to collective agreements. The LRA provides for the creation of negotiating councils. § 28, para. Points (a) and (b) confer on collective agreements the power to conclude (a) collective agreements and (b) to apply such collective agreements.

Subject to the provisions of Section 32 and the formation of the Collective Agreements Board, a collective agreement concluded within a Collective Agreements Board shall be binding on the Parties to the Collective Agreements Board, who are also parties to the collective agreement. [17] If it is intended to replace Section 32, it is manifestly contrary to the mandatory requirements of Section 32(71)(3) of the DSA does not provide for: (a) written extension and (b) approval at a meeting of the Bargaining Board. The RFPs in clause 4.2 acknowledge the provisions of section 32. Section 210 of the LRA provides that in the event of a conflict that this court does not respect in the present case, with respect to matters dealt with in the LRA between the LRA and the provisions of another law, with the exception of the Constitution or a law that expressly amends the LRA, the provisions of the LRA take precedence. It is also for this reason that the provisions of Article 32 take precedence. In this regard, the arbitrator correctly found that section 32 of the LRA applied and that its provisions were not met for the terms of the collective agreement to apply to MATUSA and its members. [10] Let`s turn to the benefits of verification. As always, the starting block is the constitution of the Republic of South Africa. For the purposes of this judgment, Section 23 is a good starting point.

Within the meaning of Article 23(2), every worker has the right to form and join a trade union. On this basis, it is clear that the right to join a trade union is an individual right of workers. This individual right of workers is linked to the right to freedom of association. Once again, the right to connect freely is an individual right. The last place to consider is section 23, paragraph 5, which makes each trade union lose the right to conduct collective bargaining. National legislation may be adopted to govern collective bargaining. [9] The role of an arbitrator in all matters relating to the interpretation and application of a collective agreement is to examine an interpretation of the collective agreement and/or to examine its application. However, I incidentally mention that MATUSA is not a party to the collective agreement and therefore I believe that it did not have the power to file a complaint to refer a dispute within the meaning of section 24 of the LRA.[7] . . .

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