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Advisory award

It is a non-binding recommendation often made by a commissioner or a Judge to assist the parties in the dispute to interpret or apply a workplace principle or legal question correctly.

Agency Shop

A collective agreement signed by an employer and representative trade union where the employer can deduct a fee, known as an agency fees from the wages/salaries of employees identified in the agreement that are not members of the trade union but are eligible for membership to contribute to the costs of the trade union.

Arbitration

A dispute resolution procedure where an impartial third party listens to the case put forward by the parties, determines the matter and once the matter is determined, the dispute is resolved; usually the arbitrator’s finding is final and binding.

Bargain

It is when two opposing parties being in a position of equal status places demands on the negotiation table, and the other party responds by making counter-demands, here the parties make proposals, compromises, and negotiate and by doing this they try to place pressure on each other to give in to their demand. Bargaining has fails if either of the parties declares a dispute.

Bargaining Unit

A ring-fenced group of employees, recognised by the employer, and identified in a recognition agreement, on whose behalf the trade union as the collective bargaining agent negotiates collectively.

Branch Representative

An employee elected by members in terms of the Union’s Constitution and theRecognition Agreement to perform the duties set out in the Constitution or Agreement.

Caucus

In collective bargaining, when either party requests a break from the at-the-table negotiations with the other party, for the purposes of discussing matters  on the negotiated subject matter without the other party’s bargaining team being present.

CCMA

The Commission for Conciliation, Mediation and Arbitration, a dispute resolution form established in terms of Section 112 of the Labour Relations Act, 66 of 1995.

Check-off Facilities

A provision, generally found in the collective bargaining agreement or recognition agreement, that allows union fees to be deducted from the pay of union members, usually on a monthly basis.  The employer then transfers the payments to the union on a scheduled basis.

Closed-Shop Agreement

A collective agreement requiring all employees covered by the Agreement to be or become members of a specified trade union, which becomes a condition of service. The Labour Relations Act prohibits pre-entry closed shopswhere an employeehas to be a union member before he or she can enter into the service ofan employer or engaging a relevant employee unless he is already a member of that union.  A post-entry agreementrequires employees to join a specified union within a certain time after the employee’s employment commences.

Collective Agreement

A written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded by Sasbo and an employer.

Collective Bargaining

Is a process whereby employers bargain with employee representatives about terms and conditions of employment or other matters of mutual interest, e.g., wages, hours of work, etc, collective bargaining is successful if an employer and the employee representative (trade union) meet at reasonable times, confer and negotiate in good faith, and conclude a written agreement.

Collective Bargaining Agreement

A document containing the outcome of negotiations between the parties; it is a written instrument setting forth the terms and conditions of employment, grievance resolution procedures, and any other conditions resulting from collective bargaining.  The terms of a collective bargaining agreement must be reduced to writing and those terms may not be changed unilaterally by either party.

Conciliation

It is process where a conciliator is appointed to help the parties to a dispute to reach a settlement, and this can by done by any consensus-building process, including mediation,by fact finding or by making recommendations, including an advisory award.

Constituency

A branch, department or region which has a Union representative.

Constitution

A body of fundamental principles or established precedents according to which an organisation is governed.

Cost to Company

Cost to Company refers to the total employment cost that an organisation is spending on an employee, including salary, benefits, pension and medical insurance contributions.

Counterproposal

An offer made by either party in collective bargaining negotiations in response to a proposal by the other party.

Dispute

Stalemate or deadlock in collective bargaining between management and labour representatives; a point at which either or both parties to negotiations determine that no further progress toward settlement can be made through direct negotiation.

Employee

A person who works for another person or organisation and is entitled to receive remuneration therefore or any other person who in any manner assists in carrying on or conducting the business of an employer.

Employment relationship stages

Any employment relationship has 3 stages, the appointment, the relationship or middle and the end (can be terminated due to misconduct, incapacity, operational requirements, resignation, retirement or even death). The unfair conduct by the employer appointment