Chapter III: Collective Bargaining
Part A: Organisational Rights
21. Exercise of rights conferred by this Part

See flow diagram No. 2 in Schedule 4.

1. Any registered trade union may notify an employer in writing that it seeks to exercise one or more of the rights conferred by this Part in a workplace.

2. The notice referred to in subsection (1) must be accompanied by a certified copy of the trade union's certificate of registration and must specify-

1. the workplace in respect of which the trade union seeks to exercise the rights;

2. the representativeness of the trade union in that workplace, and the factor relied upon to demonstrate that it is a representative trade union; and

3. the rights that the trade union seeks to exercise and the manner in which it seeks to exercise those rights.

3. Within 30 days of receiving the notice, the employer must meet the registered trade union and endeavour to conclude a collective agreement as to the manner in which the trade union will exercise the rights in respect of that workplace.

4. If a collective agreement is not concluded, either the registered trade union or the employer may refer the dispute in writing to the Commission.

5. The party who refers the dispute to the Commission must satisfy it that a copy of the referral has been served on the other party to the dispute.

6. The Commission must appoint a commissioner to attempt to resolve the dispute through conciliation.

7. If the dispute remains unresolved, either party to the dispute may request that the dispute be resolved through arbitration.

8. If the unresolved dispute is about whether or not the registered trade union is a representative trade union, the commissioner-

1. must seek -

1. to minimise the proliferation of trade union representation in a single workplace and, where possible, to encourage a system of a representative trade union in a workplace; and

2. to minimise the financial and administrative burden of requiring an employer to grant organizational rights to more than one registered trade union;

2. must consider-

1. the nature of the workplace;

2. the nature of the one or more organisational rights that the registered trade union seeks to exercise;

3. the nature of the sector in which the workplace is situated; and

4. the organizational history at the workplace or any other workplace of the employer; and

3. may withdraw any of the organisational rights conferred by this Part and which are exercised by any other registered trade union in respect of that workplace, if that other trade union has ceased to be a representative trade union.

9. In order to determine the membership or support of the registered trade union, the commissioner may-

1. make any necessary inquiries;

2. where appropriate, conduct a ballot of the relevant employees; and

3. take into account any other relevant information.

10. The employer must co-operate with the Commissioner when the commissioner acts in terms of subsection (9), and must make available to the commissioner any information and facilities that are reasonably necessary for the purposes of that subsection.

11. An employer who alleges that a trade union is no longer a representative trade union may apply to the Commission to withdraw any of the organizational rights conferred by this Part, in which case the provisions of subsections (5) to (10) apply, read with the changes required by the context.